Terms and Conditions

Nitya SMS is telecom VAS service provider in Nepal, which is executed and run by Nitya Shree Developers Pvt. Ltd. We provide SMS service for all businesses from small to large scale. We believe in quality service to all our clients whether it is big scale or it is small scale.

These terms and conditions outline the rules and regulations for the use of Nitya SMS, website located at nityasms.com. By accessing this website, we assume you accept these terms and conditions. Do not continue to use Nitya SMS if you do not agree to take all of the terms and conditions stated on this page.

User Agreement

• If you are opening account with Nitya SMS on behalf of any business or organization, you hereby declare and confirm that you have all the rights and authority to use the account. If any action done against the rule and regulations, you will be responsible.
• Your agreement will be terminated and account will be suspended immediately, if any action done against terms and conditions.

Prohibited Actions

• The client is responsible to make sure that the message they are sending doesn’t contain any information which is strictly confidential or prohibited by the law. Any harmful or fake message against community, religion of person will be fined at least 1,00,000 along with legal action as per the Nepal Government law.
• The client will bear all the responsibility for continuous SMS sent in particular number due to technical error at the client’s end.
• The client cannot send bulk SMS without prior approval from the Subscriber. If any complaint filed by subscriber, client should provide copy of the subscriber consent letter at any time. Penalty of breach of this section, sending SPAM SMS is NRS. 1,000,000 per instance.
• The client shall not send SMS which involve in activities which promotes political agenda/slogan, incites violence, hurt religious or communal sentiments etc.
• Our service is only for those individuals or companies registered within Nepal. If any use of our service is done outside Nepal, there will be fine Rs. 10,000 / SMS.
• The client is unauthorized to send international SMS (OTT Traffic) and/or taking business from international territory. If found breach of this section by clients, Nitya Shree Developers shall have right to claim NRS.10,000,000 as a penalty for breach of this section and immediately terminate the agreement.

Data Protection and Confidentiality

• The client should refrain from disclosing confidential information like service cost, terms and conditions, data obtained from using SMS system to other third party.
• We assure to protect data provided to us. The client may provide his/her personal information to us through the website, including but not limited to name, address, e-mail, telephone number, and other contact information. In addition, the client may require to provide certain personal information, including but not limited to payment information and payment methods, to complete transactions with us.
• The client shall not disclose the information to any third party without the prior written consent of the user.
• The client shall be responsible for all information provided to us, as well as for any damage caused by the client’s use of site.
• Nitya SMS shall not be liable for any damages arising out of any loss of confidentiality or data due to any act or omission of the user.

Miscellaneous Factors

• Nitya SMS is not liable if deduction of SMS credits due to problem in destination numbers (i.e. network out of reach, mobile switch off, problem in SMS incoming, unused sim card etc.)
• Nitya SMS is not liable for not delivery of SMS due to issues in destination numbers (i.e. network out of reach, mobile switch off, problem in SMS incoming, unused sim card etc.)
• Nitya SMS is not liable if there are any changes done by Government of Nepal, Nepal Telecommunication Authority (NTA), or Telecom Operators regarding the SMS rate, Sender ID or any other telecommunication charges.

Server Maintenance

Nitya SMS is hosted and operated under the domain name (nityasms.com). For the smooth and trouble-free running of the service the, server need to be inspected, maintained, repaired timely. At the time of server maintenance, the service may not be available to the client. The clients will be notified before the time of server maintenance.

Changes to Terms and Condition

• We may update our Terms and Conditions from time to time and published in our website.
• We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this terms and condition
• You are advised to review this terms and condition periodically for any changes.

Termination

The client can void/end the contract, but the client should inform Nitya SMS at least 3 days before end of contract and same applies for Nitya SMS.