Terms of Use
These Terms of Use ("Terms") govern the services ("Services") procured by the Customer under an order form or purchase order ("Order Form") executed between the Customer and Nettech. Nettech is authorized to provide the Services. Additionally, for RCS services, if procured, Nettech is authorized by Google under a partner agreement to provide these services. The Customer subscribes to the Services based on the pricing, payment terms, and duration specified in the Order Form ("Subscription"). In case of any inconsistency between these Terms and the Order Form regarding the provisioning of Services, these Terms shall take precedence.
Acceptance of Terms
If the Customer does not accept or is unable to comply with these Terms, they must not use the Services. By using the Services, the Customer is deemed to have agreed to these Terms.
Business Day: Any day from Monday to Friday (inclusive) that is not a public holiday in the country where Nettech conducts its business, as specified in the Order Form.
Customer: The entity or individual procuring the Services under an Order Form and Subscription.
Confidential Information: Non-public information disclosed by the Disclosing Party in any format, whether marked confidential or not, including but not limited to financial statements, agreements, products, software, source codes, customer or investor details, employees, policies, marketing plans, and other proprietary data.
Disclosing Party: The party that shares confidential information under the Subscription and these Terms.
Effective Date: The start date of the Services as stated in the Order Form.
End User: The recipient of emails, SMS, RCS, web, and app messages sent by the Customer while using the Services.
Intellectual Property Rights: Includes patents, trademarks, trade names, design rights, copyrights (including software and source code rights), database rights, know-how, and other intellectual property rights, whether registered or unregistered, in any jurisdiction.
Parties: Refers to the Customer and Nettech collectively, or "Party" individually as applicable.
RCS: Rich Communication Services provided by Google.
Recipient: The party receiving confidential information from the Disclosing Party.
SMS: Short Message Service.
Software Solution: A cloud-based platform accessible via a software panel, enabling cross-channel communication and additional service features.
Terms: The terms and conditions outlined in this document.
Tenure: Defined under Clause 9 of these Terms.
TRAI: Telecom Regulatory Authority of India.
Clause headings are for convenience and do not affect the interpretation of these Terms.
The terms "include," "includes," "including," and "such as" are to be interpreted as "without limitation."
Unless the context requires otherwise:
i. References to any gender include all genders. ii. Singular terms include the plural and vice versa. iii. References to a clause refer to a clause within these Terms, forming an integral part thereof. iv. References to statutory provisions include any amendments, reenactments, or subordinate legislation related to them. v. References to a document include any modifications or supplements. vi. Time periods for payments or actions exclude the start day and include the end day, extending to the next Business Day if the last day is not a Business Day. vii. "Person" includes individuals, partnerships, firms, companies, government authorities, joint ventures, associations, or any other entity with or without a separate legal identity. viii. Terms such as "herein," "hereof," and "hereunder" refer to these Terms in their entirety.
a) Customers availing SMS Services in India shall comply with TRAI’s Telecom Commercial Communications Customer Preference Regulations 2018 ("TCCCP Regulations") and associated registration requirements. Non-compliance will result in non-delivery of SMS, with Nettech bearing no liability. Customers shall be responsible for any penalties imposed by TRAI or telecom operators due to violations.
b) SMS Services are for bulk messaging within India. Usage of an IP outside India shall be considered international SMS, requiring a separate agreement with Nettech. Messages sent from such IPs shall be charged as per international operator rates.
c) Customers shall comply with all TRAI laws governing SMS services.
d) Upon availing A2P SMS services, the Customer authorizes Nettech to route services through PSTN or IP Networks for efficient delivery.
e) Customers shall respond to TRAI or telecom operator complaints within 24 hours, providing necessary evidence such as opt-in proof.
f) Customers must maintain opt-in proof for all SMS recipients, as required under TRAI laws.
9.1 The Services will be provided for such tenure as detailed in the Order Form.
10.1 Either Party may terminate the Subscription, if the other Party is in breach of its obligations or representations and warranties, or the terms of the Subscription and these Terms, which is not curable, and where such breach can be cured, has not been cured within Thirty (30) Business Days of written notice specifying such breach.
10.2 Nettech reserves the right to terminate the license to the Services, where the Customer fails to make timely payment for the Services under the Order Form.
11.1 Nettech may suspend the Services for the following:
a) Suspension for non-payment by due date; or b) Nettech has been advised or instructed to comply with an order, directive or request of a governmental or other relevant state authority or the telecom operators to suspend the SMS services; or c) One or more of the telecom operators upon which the provision of Nettech SMS services hereunder is dependent, suspends its provision of those SMS services to Nettech.
d) Nettech has been advised or instructed to comply with an order, directive or request of a governmental or other relevant state authority or the RCS messaging application partner; or e) The RCS messaging application partner, upon which the provision of RCS services hereunder is dependent, suspends its provision of the RCS services to Nettech.
12.1 If the whole or any part of the performance by either party, of its obligations under the Subscription and these Terms is prevented, hindered, delayed or otherwise made impracticable by reason of any event beyond the reasonable control of the parties, their performance shall be excused.
13.1 Change in SMS pricing: The SMS pricing may be revised subject to change in tariffs by mobile operators, government regulations, or applicable laws.
13.2 Compliance with Law: Each Party shall at all times comply with all applicable laws.
13.3 Dispute resolution: Any dispute arising out of these Terms shall be settled by mutual discussion within 45 Business Days. Failure to resolve the dispute will allow either Party to refer the matter to the competent courts.
13.4 Compliance with Law: Each Party must comply with all applicable laws, including data protection laws, related to their operations and the Subscription and these Terms.
13.5 Anti-Corruption and Bribery: Each Party must comply with all applicable anti-corruption and bribery laws ("Anti-Corruption Laws") and ensure its employees, officers, directors, and affiliates do so as well. Neither Party may violate Anti-Corruption Laws in a way that harms the other Party's interests. A breach of Anti-Corruption Laws by one Party entitles the other to immediately terminate the Subscription and pursue legal remedies.
13.6 Amendment: Nettech may change these Terms at any time by posting the changes at https://nettechinfo.biz/page/terms-and-conditions/. The Customer is responsible for regularly reviewing the posted Terms and is deemed to have accepted amended Terms by continuing to use the Services.
13.7 Relationship: The Parties are independent contractors and may not, without the other Party's approval, incur liabilities or pledge credit on behalf of the other, or enter into binding contracts for the other. The Subscription and these Terms do not create a partnership, joint venture, employer-employee, or principal-agent relationship. Each Party must maintain the other's good name and reputation.
13.8 Assignment: The Customer may not assign or transfer its rights, interests, or benefits under the Subscription and these Terms without Nettech's prior written consent.
13.9 Invoice Disputes: The Customer must notify Nettech of any invoice concerns within 10 days of the invoice date ("Dispute Raising Period"). After this period, the invoice is deemed accepted and payable. Disputed invoices will be addressed within 10 days of notification ("Resolution Period"). If resolved, the Customer will pay outstanding amounts by the due date. If unresolved, the Customer must pay the invoice amount and may then pursue legal action as per clause 13.10.
13.10 Dispute Resolution: Except for consumable billing discrepancies, disputes arising from these Terms or the Order Form will be resolved through mutual discussion and negotiation within 45 business days of notification ("Dispute Resolution Period"). Unresolved disputes may be referred to the competent courts. Invoice disputes will be resolved as outlined in the Order Form.
13.11 Governing Law and Jurisdiction: These Terms are governed by the laws specified in the Order Form. The courts identified in the Order Form have exclusive jurisdiction over any disputes.
13.12 Survival: The following clauses survive the Tenure and termination or expiration of the Subscription: Clause 2 (if applicable, regarding penalties imposed post-termination for pre-termination breaches), Clause 4 (Confidentiality - 1 year), Clause 5 (Intellectual Property Rights), Clause 6 (Indemnity - 3 years), Clause 7 (Limitation of Liabilities), Clause 8 (Representations of the Parties), Clause 10.5 (Post-Termination Obligations), Clause 13.3 (Compliance with Law), Clause 13.5 (Amendment), Clause 13.8 (Dispute Resolution), Clause 13.9 (Governing Law and Jurisdiction), Clause 13.10 (Survival), and Clause 13.12 (Notices).
13.13 Severability: If any provision of the Subscription or these Terms is invalid or unenforceable, the remaining provisions and their application to other persons or circumstances remain valid. The invalid or unenforceable provision will be replaced with a valid provision that reflects the original intent.
13.14 Notices: Notices under the Subscription and these Terms will be sent by email and are deemed effective one day after sending.
If email to Nettech: at legal@nettechinfo.com
If email to Customer: at the email id shared at the time of Subscription, and if no email shared, then written notice to the communication address shared during the Subscription. In case of written communication to the address of the Customer, effective the date of dispatch of the notice.