Acceptance of Terms & Eligibility
Nest SMS offers Bulk SMS and telecom Value-Added Services (VAS) in Nepal. Our platform is designed to enable registered companies and organizations to deliver notifications, OTPs, transactional alerts, and mobile marketing campaigns. Our platform is designed exclusively for routing SMS traffic to active 10-digit mobile numbers in Nepal.
By creating an account, integrating our API, or using our services, you acknowledge and agree to these Terms & Conditions regulating the use of our platform.
If you open an account on behalf of a business or organization, you confirm that you have the formal authority to bind that entity to this contract. Your contract with Nest SMS begins as soon as you complete your registration or start using our service.
KYC & Account Safety: You must provide accurate registration details, including official corporate and tax documents, during setup. Duplicate, unverified, or misleading accounts created without our authorization are subject to suspension, restriction, or permanent termination.
You must be at least 18 years old to use our service. We will close your account if we discover or suspect that you are under 18.
Security Responsibilities
You are responsible for keeping your API tokens and credentials confidential. Nest SMS is not responsible for losses, unauthorized access, credential exposure, or damages caused by compromised credentials on your end.
Any activity or message sent through your account will be treated as authorized by you. If your account is compromised, you remain responsible for all resulting usage charges, carrier charges, and regulatory penalties.
You must notify Nest SMS immediately of any unauthorized activity, spamming, or security breach on your account.
Compliance & Acceptable Use Policy
You must use our bulk SMS services within the laws of Nepal, NTA regulations, and local mobile operator rules. Every message sent from your account must comply with Nepal's Electronic Transactions Act (ETA), 2063 and telecommunications laws.
You are solely responsible for the content of your messages. Nest SMS is not responsible for claims arising from customer-generated message content.
Prohibited Content and Actions:
- Sending racist, discriminatory, sexually explicit, or harassing language.
- Sending threats to any person, group, or public safety.
- Sending defamatory, fake, or harmful messages directed against any religion, community, or individual.
- Violating intellectual property rights, privacy rights, or other applicable local laws.
- Sharing, selling, or leaking subscriber phone numbers to third parties.
Spam Monitoring and Prevention: Nest SMS maintains system monitoring and filtering to help prevent spam, phishing, fraudulent campaigns, and unauthorized SMS activity. You must only send SMS messages to recipients with whom you have a valid subscription, customer relationship, or communication consent basis.
Enforcement & Penalties:
Regulators and operators can audit our traffic at any time. If requested, you must provide clear proof of subscriber consent.
Sending unsolicited promotional messages (SPAM) is a severe violation of network rules. Violations can result in immediate route suspension and carrier-imposed penalties or regulatory fines.
Campaigns containing content that promotes hate, violence, misinformation, or unlawful activity are subject to immediate suspension, operator penalties, and referral to relevant authorities for legal prosecution under the Electronic Transactions Act.
Sender ID & Routing Rules
To maintain message transparency and delivery reliability, Nest SMS may provide either shared Sender IDs or dedicated custom Sender IDs depending on the service type and approval requirements. Organizations that require a dedicated Sender ID for exclusive use may apply for custom registration by submitting the necessary business verification documents, including company registration and PAN/VAT certificates, along with their intended messaging use cases. All Sender IDs are subject to telecom operator and regulatory approval requirements where applicable.
You must separate promotional campaigns from transactional messages (such as OTPs and bank alerts). Transactional lines are reserved strictly for system-generated, urgent user notifications and cannot contain marketing text.
Promotional marketing messages must only be sent during standard daytime hours. Under NTA guidelines, promotional campaigns must respect national quiet hours (9 PM to 8 AM) and be sent only between 8 AM and 9 PM, while following telecom opt-out and subscriber preference requirements.
International Routing Restrictions
Bypassing local international telecommunications gateways to deliver international SMS traffic into Nepal (known as OTT traffic bypass or grey-market routing) is strictly prohibited under NTA guidelines.
You are not allowed to route Application-to-People (A2P) traffic from international clients through local SMS gateways to bypass standard operator rates.
Our service is built strictly for companies registered and verified in Nepal. Using local access routing to service unregistered foreign entities is prohibited and may result in immediate route suspension and operator penalties.
Bypassing official gateways is illegal. Such violations may result in immediate account suspension, regulatory reporting, regulatory fines, operator penalties, or legal action under applicable telecom laws.
Platform Usage & Network Protection
We ask that you keep your API traffic stable to protect our gateway infrastructure and keep services fast for everyone.
You must not send continuous automated hits or excessive automated verification requests to invalid, inactive, or non-existent phone numbers.
Nest SMS reserves the right to temporarily block traffic, suspend API access, or rate-limit throughput to protect platform stability. If your server triggers automated hits that overload our platform, your API access may be suspended and you may face operator-enforced penalties.
If an integration bug or code loop on your server causes repetitive messages to be sent to a single recipient, you remain responsible for all associated message costs and operator charges.
Service Availability & Delivery Conditions
Nest SMS routes bulk messages through telecom operator networks in Nepal, including Nepal Telecom (NTC) and Ncell. Because our service depends on external mobile carriers, we outline the following delivery conditions:
If a message cannot be delivered because the recipient's phone is switched off, out of network reach, has a full inbox, or is an inactive SIM card, carrier networks still bill us for the transmission attempt. Therefore, Nest SMS will deduct SMS credits from your account for these attempts.
We periodically perform platform repairs, upgrades, and maintenance. While we try to schedule these during low-traffic hours, temporary system downtime is not considered a breach of contract, and we are not liable for delayed messages.
Shortcodes and sender profiles are operator-owned assets. If required by a telecom operator or the NTA, Nest SMS may change your assigned shortcode or Sender ID during the service period. We will assign you a new one as quickly as possible.
Message delivery reports (DLRs) are dependent on telecom operator systems and network availability. Delivery status may occasionally be delayed, unavailable, or inaccurate due to carrier-side limitations, handset issues, routing delays, or network outages.
Billing & Pricing Policy
Services are provided on a prepaid basis. You must purchase SMS quotas in advance. Telecom operators still charge unregistered or invalid number transmissions.
Our pricing tiers are built around carrier cost structures. While we offer discounts, if the Government of Nepal, NTA, or telecom operators change baseline SMS rates, tax structures, or sender fees, these changes will apply to your account immediately.
Confidentiality & Data Protection
Both Nest SMS and the Client agree to protect all confidential business information exchanged, including integration codes, API tokens, pricing rates, and technical systems.
We respect the privacy of your customer contacts. Your subscriber lists and database logs will not be shared or used for outside marketing. Nest SMS may review message activity, logs, or related metadata for security, compliance, fraud prevention, service protection, or regulatory requirements.
You are required to cooperate fully with Nest SMS and the relevant authorities during any investigation. You must provide necessary evidence, system logs, and documentation if requested by Nest SMS, telecom operators, the NTA, or the Cyber Bureau.
When this contract ends, both parties must return or securely delete all digital copies of the other party's confidential data upon request.
Suspension & Termination
You are free to close your account at any time. To do so, you must send us a written notice via official email at least one week in advance.
Refund & Balance Forfeiture: Upon voluntary account closure, all unused balances and SMS credits are non-refundable. Additionally, if Nest SMS terminates your account due to continuing breaches, policy violations, or legal infractions (such as spamming or illegal international bypass), any remaining prepaid balances and SMS credits will be immediately seized.
Nest SMS reserves the right to suspend or block your account immediately if you violate our Compliance & Acceptable Use policy, fail to provide opt-in consent proof, participate in international bypass, or breach national laws.
Legal Jurisdiction
These terms are governed by and written in accordance with the laws of the Government of Nepal. Both parties will first attempt to resolve disputes through mutual discussion. If an agreement cannot be reached, the dispute will be resolved exclusively in the courts of Kathmandu, Nepal.