SMS Marketing Terms and Conditions

  • Definitions
  • "Business" refers to the company or individual using our targeted SMS marketing services.
  • "Client" refers to the business or individual that has entered into an agreement with us for the provision of targeted SMS marketing services.
  • "Service" refers to the targeted SMS marketing service provided by Naishare Concepts, which includes extracting phone numbers of businesses in specified areas and sending text messages to these numbers on behalf of the Client.
  • "Data" refers to the phone numbers and any other information extracted and used for the purpose of providing the Service.
  • "Message" refers to the text message sent to the extracted phone numbers as part of the Service.
  • Use of Service
2.1. The Client agrees to use the Service for lawful purposes only and in compliance with all applicable laws and regulations in Nigeria, including but not limited to the National Information Technology Development Agency (NITDA) guidelines and the Nigerian Communications Commission (NCC) regulations.
2.2. The Client is responsible for the content of the Message and ensures that it does not infringe on any third-party rights, including intellectual property rights and rights to privacy.
2.3. The Client warrants that the Message will not be used for spamming or any other form of unsolicited communication.
  • Data Collection and Use
3.1. We collect phone numbers and other relevant data of businesses in specified areas for the purpose of providing the Service.
3.2. The Data collected will be used solely for the purpose of sending Messages as part of the Service and will not be sold or provided to any third party without the Client's consent.
3.3. We will take reasonable steps to ensure the accuracy of the Data, but we do not guarantee the accuracy or completeness of the Data.
  • Opt-out and Complaints
4.1. The Client agrees to honor opt-out requests from recipients who do not wish to receive further Messages.
4.2. We will provide a mechanism for recipients to opt-out of receiving Messages, and the Client will ensure that such requests are complied with in a timely manner.
  • Payment Terms
5.1. The Client agrees to pay the fees for the Service as agreed upon in the agreement or invoice.
5.2. Payment terms will be as specified in the agreement or invoice, and failure to pay may result in suspension or termination of the Service.
  • Intellectual Property
6.1. All intellectual property rights in the Service, including but not limited to software, databases, and methodologies, remain the property of Naishare Concepts unless otherwise agreed in writing.
6.2. The Client does not acquire any rights in the Service other than as explicitly set out in these Terms and Conditions.
  • Liability
7.1. Naishare Concepts will not be liable for any loss or damage arising out of or in connection with the Service, including but not limited to loss of business, profits, or goodwill.
7.2. In no event will Naishare Concepts' liability exceed the fees paid by the Client for the Service.
  • Termination
8.1. Either party may terminate the agreement for the provision of the Service upon written notice to the other party.
8.2. Upon termination, the Client will pay for all Services provided up to the date of termination.
  • Governing Law
9.1. These Terms and Conditions will be governed by and construed in accordance with the laws of Nigeria.
9.2. Any disputes arising out of or in connection with these Terms and Conditions will be resolved through arbitration in accordance with the Arbitration and Conciliation Act.
  • Changes to Terms and Conditions
10.1. Naishare Concepts reserves the right to modify these Terms and Conditions at any time, and such modifications will be effective immediately upon posting.
10.2. The Client's continued use of the Service after such modifications will be deemed acceptance of the revised Terms and Conditions.
By using our Service, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.