In addition to the WhatsApp Business Solution Terms, these WhatsApp Business Terms for Service Providers also apply to you if you are authorized by WhatsApp to deploy the WhatsApp Business Solution as a service provider on behalf of your Clients. To the extent of a conflict between the WhatsApp Business Solution Terms and these WhatsApp Business Terms for Service Providers, the latter will govern. Capitalized terms have the meaning set forth in the WhatsApp Business Solution Terms and Business Terms.
Service Provider Role. As a service provider to your Clients, you will comply with all obligations between you and your Clients, including how you collect, store, manage, and use your Clients’ data. You will use the WhatsApp Business Solution, and any and all data derived therefrom, solely for the benefit of each of your Clients. This provision survives any termination of these WhatsApp Business Terms for Service Providers.
Client Management. You must ensure that each Client who accesses and uses the WhatsApp Business Solution via your service offerings has accepted the WhatsApp Business Solution Terms. In the event that you have not ensured that your Client has accepted the WhatsApp Business Solution Terms, you represent and warrant that you have accepted the WhatsApp Business Solution Terms on behalf of your Client, that you are authorized by your Client to do so, and that you are jointly and severally liable for, and will indemnify us for any harm that results from, your Client’s acts and omissions with respect to the WhatsApp Business Solution, as if your Client’s acts and omissions were your own. You may not directly or indirectly assist or encourage your Client to breach any of the provisions of the WhatsApp Business Solution Terms. You will timely notify WhatsApp if you know or reasonably surmise that your Client has breached the WhatsApp Business Solution Terms. You may not create a WABA on behalf of your Client without that Client's request and consent. Without our written consent, you may not create a WABA with the intention of utilizing it for a future Client. Unless we have requested for or agreed to it, you must not block or prevent a Client from accessing its WABA. Conversely, upon our written request, you will promptly block, disable, or delete a Client’s WABA. You will only allow access to a Client’s WABA to those who are authorized to do so on behalf of the Client.
Technical Integration. You will deploy, support, and manage the WhatsApp Business Solution on behalf of each Client in compliance with Documentation provided by WhatsApp. You are solely responsible for (a) creating a WABA account for each Client; (b) providing front-line, primary technical and customer support, and escalating to Facebook any secondary issues that you cannot reasonably address; and (c) providing all network infrastructure, transport layer security, and APIs necessary for each Client to use the WhatsApp Business Solution you have deployed, as between each Client and WhatsApp. WhatsApp is solely responsible for the WhatsApp network, the WhatsApp Business Client, and the WhatsApp Business APIs.
Price Transparency. You agree to pay Facebook for access to the WhatsApp Business APIs as set forth in the Facebook Terms for WhatsApp Business. You may (a) charge fees to your Clients for accessing and using the WhatsApp Business APIs, including your customary fees for technology integration, support, management, and storage services, and applicable taxes related to the WhatsApp Business APIs; and/or (b) offer access to the WhatsApp Business APIs as part of a bundled offering with any other products or services. You have sole discretion as to the fees that you charge to Clients for access to and use of the WhatsApp Business APIs. However, you will clearly disclose to each Client, separate from your fees, the amount that Facebook charged you for the Client’s use of the WhatsApp Business APIs, and the amount that you charge the Client for its use of the WhatsApp Business APIs. If a Client requests that we send them any information (including billing information) related to their WABA, we reserve the right to do so.
Portability. If your Client requests to assume control of its WABA, you must reasonably and in a timely manner (not to exceed 30 calendar days following your Client’s request) assist your Client to transfer the WABA account and all related data pursuant to your Client’s instructions, to: (a) the Client’s chosen new service provider; or (b) systems under the Client’s control. Once transferred, you will relinquish all control over the relevant WABA to the Client, and you must promptly delete any WABA data and information from your own systems, unless either we and/or the Client have instructed you otherwise.
WhatsApp may update this WhatsApp Business Terms for Service Providers (“Change”); by continuing to use the WhatsApp Business Solution after such Change, you consent to such Change.