Terms of Service

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, and other digital communication tools.
• 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.
• Clients may top up their account anytime at the prevailing rate. Renewal does not require signing a new agreement unless there is a change in terms or pricing.
• All payments made for communication services are non-refundable. In the event of failed, undelivered, or delayed messages due to operator restrictions, handset issues, DND activation, or network unavailability, no refund shall be applicable.
• All charges are exclusive of applicable taxes. 18% GST is mandatory and will be applied as per Indian tax law.

Usage Policy

NESARK provides services strictly for professional and lawful communication purposes only. You agree NOT to use our platform to:

• Promote content related to alcohol, sexual content, gaming content, stock market, obscene music/dancing, dating services, immigration & visa content, global education, medical advice, political activities, or gambling
• Send unsolicited messages (spam). All recipients must have given prior consent
• Harvest or collect personal information about others without their knowledge or consent
• Create misleading identities, impersonate others, or provide false contact details
• Transmit illegal, racist, threatening, harassing, obscene, or objectionable content
• Send material that infringes on copyrights, trademarks, or other intellectual property rights
• Distribute malicious content including viruses, trojans, worms, spyware, or any harmful code
• Attempt to gain unauthorized access to NESARK systems or connected networks

Compliance Responsibility

• NESARK reserves the right to apply Fair Usage Policy (FUP) and may audit usage or suspend services in case of suspicious, fraudulent, or non-compliant activity.
• The client shall include an opt-out mechanism in all promotional messages, adhering to TRAI-specified format.
• All content and communications sent through NESARK services must comply with regulations from TRAI and the Department of Telecommunication (DoT).
• The Client bears full responsibility for any non-compliant or fraudulent content and agrees to indemnify NESARK from any associated legal or financial consequences.
• All promotional messages/calls must be sent strictly within the permitted time window of 10:00 AM to 9:00 PM as mandated by TRAI regulations. Clients are prohibited from scheduling or dispatching bulk promotional communications outside these hours. Please note that Transactional, OTP, and Service Implicit messages are exempt from this time restriction and may be sent 24×7.
• Promotional messages must not be sent to mobile numbers registered under the Do Not Disturb (DND) registry as maintained by TRAI. Clients are solely responsible for ensuring their contact lists are verified and scrubbed against the National Customer Preference Register (NCPR) prior to launching any promotional campaign. Any violation arising from sending promotional content to DND-registered numbers shall be the full liability of the Client, and NESARK reserves the right to suspend or terminate the account immediately upon detection of such activity.

Confidentiality & Termination

• Both NESARK and the Client agree to maintain the confidentiality of proprietary or sensitive data exchanged during 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.
• 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

• 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. Resellers and sub-resellers are fully bound by the Usage Policy of NESARK and must ensure that all their end clients strictly adhere to the same terms and restrictions outlined herein. Any prohibited activity carried out by an end client or sub-user will be treated as a direct violation by the reseller, and NESARK reserves the right to suspend or permanently terminate the reseller's account without any obligation to provide a refund for unused credits.
• Resellers must ensure full compliance with applicable Indian laws and must obtain all necessary licenses where required.

WhatsApp Business API Terms

• NESARK charges a mandatory monthly platform fee for the use of its WhatsApp Business API services. This platform fee is separate from per-conversation charges levied by WhatsApp (Meta).
• The Client shall be responsible for paying the monthly platform charges in advance. Failure to make timely payment may result in suspension or termination of WhatsApp API services.
• The platform charge is non-refundable and applies irrespective of usage volume.
• NESARK reserves the right to revise platform charges with prior notice to the Client.

Technical Support

• NESARK provides standard technical support during business hours: Mon–Fri, 10 AM – 7 PM IST. Sat, Sun and public holidays are excluded.
• 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.
• Our terms are subject to modification according to laws and guidelines by local government bodies like TRAI in India.

Related Policies

• This Terms of Service should be read in conjunction with our Privacy Policy, which governs how NESARK collects, uses, and protects your personal data. Together, these documents form the complete legal framework governing your relationship with Nesark Worldservices Pvt. Ltd. You can review our Privacy Policy at https://www.nesark.com/privacy-policy/