Terms of Service

By accessing and using this website, you agree to the terms established by Nesark Worldservices Pvt. Ltd.

📋 Table of Contents

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.

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, obscene music/dancing, dating services, 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

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.

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.

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 must ensure full compliance with applicable Indian laws and must obtain all necessary licenses where required.

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.

The client agrees to provide complete and accurate business details, ad account access, required assets, and compliance documents as requested.
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 — payable in advance and non-refundable.
NESARK 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.
NESARK reserves the right to reject or suspend any campaign promoting prohibited products or services (adult content, gambling, false claims, misleading financial advice).

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.

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.

For any questions about these Terms of Service, contact us at info@nesark.com