Terms of Service
By accessing and using this website or any services provided by Nesark Worldservices Pvt. Ltd. (hereinafter referred to as “NESARK”, “Company”, or “Service Provider”), you, the customer (hereinafter referred to as “Client”, “User”, or “Subscriber”), agree to be bound by the following terms.
General Service Terms
- NESARK shall provide the Client with prepaid access to its cloud-based communication platform for services including SMS, Voice Calls, WhatsApp, RCS, other digital communication tools and Google/Meta Ads (collectively referred to as “Services”). Service pricing, usage limits, and validity are shared separately via email or quotation.
- The Client agrees to purchase services on a prepaid basis. Credits once added can be used toward opted services like SMS, Voice, WhatsApp, and RCS.
- Credits are valid from the date of purchase unless otherwise specified. Unused credits will expire after the validity ends and are non-refundable. No carry forward of the credits will be made unless otherwise defined in a separate contract.
- Clients may top up their account anytime at the prevailing rate. Renewal of services does not require signing a new agreement unless there is a change in terms or pricing.
- All charges are exclusive of applicable taxes (18% GST mandatory), which will be applied as per Indian tax law.
Usage & Compliance
By using our services, you acknowledge and accept that NESARK provides services strictly for professional and lawful communication purposes only. You agree not to use our platform to:
- Promote or transmit content related to:
- Alcohol
- Sexual
- Music & Dancing (Obscene or vulgar content)
- Dating services
- Gambling activities
- Fraudulent, Scams, Spamming, Phishing, Unsolicited or any form of deception.
- Send unsolicited messages (i.e. mobile spam). All recipients must have given prior consent to receive communication from you.
- Harvest or collect personal information about others without their knowledge or consent.
- Create misleading identities, impersonate others, or provide false contact details not owned or authorized by you.
- Transmit, associate, or publish illegal, racist, threatening, harassing, obscene, vulgar, immoral, or otherwise objectionable content. If your content is not appropriate for ages 13+, it violates our usage policy.
- Send material that infringes on copyrights, trademarks, or other intellectual property rights of others.
- Distribute malicious content including viruses, trojans, worms, spyware, or any harmful code.
- Interfere with or disrupt networks connected to our services or violate their operational regulations.
- Attempt to gain unauthorized access to NESARK systems, other accounts, or connected networks through hacking, password mining, or any means.
- Disrupt, degrade, or negatively impact the experience of other users of the service.
- NESARK reserves the right to apply Fair Usage Policy (FUP) if applicable, and may audit usage or suspend services in case of suspicious, fraudulent, or non-compliant activity.
- The subscriber (Client) agrees that all content and communications sent through NESARK services must comply with regulations from the Telecom Regulatory Authority of India (TRAI) and the Department of Telecommunication (DoT).
- The Client bears full responsibility for any non-compliant, misleading, or fraudulent content, and agrees to indemnify NESARK from any associated legal or financial consequences.
Confidentiality & Termination
- Both NESARK and the Client agree to maintain the confidentiality of proprietary or sensitive data exchanged during the course of the partnership.
- The Client is responsible for securing account credentials and API keys. NESARK will not be liable for unauthorized use due to credential leakage.
- NESARK shall not be liable for any damages suffered by the user resulting from account suspension, closure initiated by the user, or any issues arising due to the user’s own actions or negligence.
- Either party may terminate this agreement with 15 days’ written notice. No refunds will be provided for unused credits.
- The agreement shall remain valid until all prepaid credits are exhausted or expired.
Reseller & Sub-Reseller Responsibility (if applicable)
- Resellers or sub-resellers shall be solely responsible for any usage or omission of their end clients. NESARK shall not be liable for any legal, regulatory, or financial consequences resulting from such usage.
- Reselling services does not imply any license or regulatory approval. Resellers must ensure full compliance with applicable Indian laws and must obtain all necessary licenses where required.
Google/Meta Ads & Social Media Branding (if applicable)
- The client agrees to provide complete and accurate business details, ad account access, required assets (logos, creatives, ad copy), and compliance documents as requested.
- NESARK will not run ads or create content that violates platform policies or local laws.
- The client must authorize NESARK to manage and optimize ad accounts on their behalf.
- NESARK may require admin access to the client’s Google Ads or Meta Business Manager account.
- In the absence of a client account, NESARK may use its own business account to manage the campaign, if agreed upon.
- All ad budgets are to be paid directly by the client. NESARK will not be held responsible for fund deductions or ad performance caused by low balance or platform rejections.
- NESARK charges a separate service fee for strategy, setup, optimization, and reporting — which is payable in advance and non-refundable.
- NESARK will ensure all creatives, targeting, and strategies follow platform-specific advertising policies.
- However, the final responsibility for legal compliance of ads/content lies with the client.
- NESARK reserves the right to reject or suspend any campaign promoting prohibited products or services (e.g., adult content, gambling, false claims, misleading financial advice).
- While NESARK applies data-driven strategies to optimize campaigns, it does not guarantee specific results such as leads, conversions, or returns on ad spend.
- Performance may vary based on industry, audience, budget, competition, and platform algorithms.
- All creatives designed by NESARK remain its intellectual property until full payment is received.
- After full settlement, NESARK grants the client a non-exclusive right to use the creatives for their intended purpose.
- NESARK will provide periodic performance reports or dashboards depending on the package.
- The client agrees to maintain timely communication for approvals, feedback, or any technical access required.
Technical Support
- NESARK provides standard technical support during business hours (Mon–Sat, 10 AM – 7 PM). Sundays and public holidays are excluded from support.
- For critical issues, clients may escalate requests based on the support SLA or platform uptime terms.
Legal & Jurisdiction
- This agreement shall be governed by the laws of India. Any disputes will be handled under the jurisdiction of courts located in Patna, Bihar, India.
- This document represents the entire agreement between the parties unless amended in writing and agreed upon by both.
- For updated terms of service, visit: https://www.nesark.com/terms-of-service/
Responsibility for Misinformation
- The client agrees that all information, documents, and materials provided to Nesark Worldservices Pvt. Ltd. must be complete, accurate, and truthful. NESARK will not be held liable for any errors, losses, account suspensions, or campaign issues arising from incorrect, misleading, or incomplete data provided by the client.
- In the event that any financial, reputational, or operational damage is incurred due to such misinformation, the client shall bear full responsibility and agrees to compensate NESARK for any resulting costs, penalties, or losses.
Our terms are aligned and subject to modification according to laws and guidelines by local government bodies like TRAI in India.