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Terms and Conditions

1. Introduction

These Terms and Conditions (“T&Cs”) govern your use of the SMS services (“Services”) provided by [EverestSMS- product of World Creation Tech Pvt. Ltd.] (“we,” “us,” or “our”). By using our SMS services, you agree to abide by these T&Cs. If you do not agree with these terms, you must not access or use our SMS services.

2. Eligibility

  • To use our SMS services, you must be at least [18] years old or the legal age in your jurisdiction.
  • You must provide accurate and complete information during registration.
  • You agree to comply with all applicable local, national, and international laws and regulations while using our SMS services.

3. Account Registration and Security

  • To access our SMS services, you must create an account. During registration, you are required to provide valid contact information (such as your mobile phone number, email address, etc.).
  • You are solely responsible for maintaining the confidentiality of your account information, including your username and password.
  • You must immediately notify us of any unauthorized use of your account or security breach.

4. Services Provided

  • We provide a variety of SMS services including [SMS marketing, notifications, transactional messages, short codes, etc.].
  • The services may vary depending on your chosen subscription or usage plan.
  • We reserve the right to modify or discontinue any feature of our SMS services without prior notice.

5. Fees and Payment

  • You agree to pay all applicable fees for the SMS services provided, as described during the sign-up process or in your subscription plan.
  • Payments for SMS services will be processed using the available payment methods (e.g., credit cards, bank transfers, etc.).
  • Fees may be subject to change, and you will be notified of any pricing updates before they take effect.
  • You are responsible for all charges incurred from your use of our SMS services, including any applicable taxes.

6. Use of Services

  • You agree to use our SMS services only for lawful purposes and in accordance with these T&Cs.
  • You will not use our SMS services for any illegal, fraudulent, or harmful activities, including spamming, phishing, or violating privacy laws.
  • You must ensure that you have the appropriate permissions and consent from recipients to send SMS messages, especially for marketing, promotional, or transactional purposes.
  • You may not send unsolicited SMS messages (spam) or messages that violate the rights of third parties.
  • On a requirement basis and as per the discretion of the Operator(Telecoms), the Operator may ask for a copy of the Scriber consent letter from the VAS Provider (World Creation Tech Pvt. Ltd. ) and following the same letter VAS Provider asks their client consent letter from their subscriber. The penalty of this section i.e. sending SPAM SMS is Nrs. 1,000,000 per instance
  • To refrain from provisioning all information received from/about subscribers ( including name and MSISDN) to third parties and their usage for spamming purposes. The penalty for breach of this Section 3.11 i.e. sending SPAM SMS is NRS. 1,000,000 per instance.

7. SMS Content and Data

  • You are responsible for the content of all SMS messages sent through our service.
  • You will not send any content that:
    • Violates any law or regulation.
    • Infringes on the intellectual property rights of others.
    • Contains viruses, malware, or other harmful content.
    • Is obscene, defamatory, or offensive.
  • You agree to indemnify us against any claims or damages arising from your content.
  • Any harmful or fake message against community, religion or person will be fined at least 1,00,000 along with legal action as per government law.
  • The user is unauthorized to render A2P (Application to People) SMS service to any international clients for sending SMS to Nepali number especially during API integration. In such a case, the operator shall have the right to claim NRS. 10,000,000 and immediately terminate the Agreement.

 

8. Privacy and Data Protection

  • We collect and process your personal information in accordance with our Privacy Policy, which is incorporated by reference into these T&Cs.
  • We will not share your personal information with third parties unless necessary for the provision of services, or as required by law.
  • You consent to the collection and use of your data as described in our Privacy Policy.

9. Termination and Suspension

  • We reserve the right to suspend or terminate your access to the SMS services if you violate these T&Cs, fail to pay any fees, or engage in any illegal or unethical behavior.
  • You may terminate your account at any time by contacting our support team or following the instructions in your account settings.
  • Upon termination, you will still be liable for any outstanding fees or charges.

10. Intellectual Property

  • All content, trademarks, logos, software, and technology provided by us remain our intellectual property or the intellectual property of our licensors.
  • You are granted a limited, non-exclusive license to use the SMS services for personal or business purposes in accordance with these T&Cs.

11. Limitation of Liability

  • To the maximum extent permitted by law, we are not responsible for any indirect, incidental, or consequential damages arising from your use of our SMS services.
  • We are not liable for any delay, interruption, or failure in the delivery of SMS messages, including those caused by technical failures or network issues.
  • We are not liable for the actions or content of third parties accessed through our SMS services.

12. Indemnification

  • You agree to indemnify, defend, and hold harmless [Service Provider Name] from any claims, losses, or damages resulting from your violation of these T&Cs, use of the SMS services, or infringement of third-party rights.

13. Amendments

  • We may revise or update these T&Cs from time to time. You will be notified of any significant changes, and your continued use of the SMS services will signify your acceptance of the updated T&Cs.
  • You are responsible for reviewing the T&Cs periodically to stay informed of any changes.

14. Governing Law and Dispute Resolution

  • These T&Cs are governed by and construed in accordance with the laws of [jurisdiction].
  • Any disputes relating to the use of our SMS services shall be resolved through [arbitration/mediation/court] in [jurisdiction].

15. Contact Information

 

For any questions or concerns about these T&Cs or our SMS services, please contact us at:
[Email Address]
[Phone Number]
[Mailing Address]