Sparrow SMS is the telecom value-added SMS service provider in Nepal, initiated by Janaki Technology in 2010, with a tagline ‘Power of Text’ and the simple goal of providing SMS services to the general public as well as business enterprises to communicate and promote their products and business. Sparrow SMS allows enterprises to conduct different mobile messaging campaigns in Nepal.

Basis of contract

1. If you are opening an account with us on behalf of a business or organisation, you hereby confirm that You have authority to do so.
2. Your account will be deemed active on the earlier of when You have agreed to our Terms of Service and/or registered with us and/or used our Service, on which date you will have entered into a binding contract with Sparrow SMS as set out in these Terms of Service.

Role of Sparrow SMS

Sparrow SMS shall provide SMS Value Added Service (VAS) through the network of major Telecom Network Operators: Nepal Telecom (NTC), Ncell and SmartTel.

Role of Merchant (Content Partner)

1. The user shall use the VAS by remaining within the legal boundaries of the Government of Nepal, Nepal Telecommunications Authority (NTA) and Telecom Network Operators’ rules and regulations.
2. The user shall send SMS to only its subscribed users who use their service on a regular basis.  Spamming and unsolicited messages can be subject to a penalty imposed by Telecom. On requirement basis and as per discretion of the Telecom Operator, the Operator may ask for a copy of the subscriber consent letter from VAS Provider at any time. Penalty sending SPAM SMS is NRS. 1,000,000 per instance.
3. The user shall not send continuous hits from their server in invalid numbers. If any continuous SMS is hit from the server of the user to Sparrow SMS’s server, the IP of the user can be blocked in the extreme case by the Sparrow SMS and will be fined Rs. 50,000.

Prohibited Services and Products

1. It is the user’s responsibility to make sure that the message content doesn’t contain any information which is strictly confidential or prohibited by the law. Any harmful or fake message against community, religion or person will be fined at least 1,00,000 along with legal action as per government law.
2. The user bears the responsibility for continuous SMS sent in a particular number due to technical error at the user’s end.
3. The user is unauthorized to render A2P (Application to People) SMS service to any international clients for sending SMS to Nepali number especially during API integration. In such a case, the operator shall have the right to claim NRS. 10,000,000 and immediately terminate the Agreement.
4. The user shall bear full responsibility for any sent SMS content subject to any kind of abuse, discrimination, a threat to any person or society or against the law and policy of Government of Nepal.
5. Service is only for those companies registered in Nepal, any use of this service for other companies outside Nepal will be fine Rs. 10,000/SMS

Data Protection and Confidentiality

Sparrow SMS shall maintain the confidentiality and data privacy of the user’s information. Similarly, the user should refrain from disclosing confidential information i.e. cost of services, terms and conditions of this agreement, data (mobile numbers) obtained from using Sparrow SMS’s System to any Third Party.

Miscellaneous

1. Non-delivery of SMS due to issues in the destination numbers (switched off, out of network reach, the problem in incoming SMS, unused sim card) shall still mean the deduction of SMS credits.
2. Any changes made by the Government of Nepal, NTA or any Telecom Network Operators (regarding SMS rate, Sender ID or any other services) which is beyond the control of Sparrow SMS, shall immediately come into effect, despite any positive or negative changes it might cause to Sparrow SMS or the users.
3. If any technical and/or business need arises, the Shortcode provided by Sparrow SMS to the user can be changed even during the agreement period as the provided Shortcode is the property of Sparrow SMS. If the assigned shortcode or sender ID is closed from Telecom Network Operator, then a new shortcode or sender is allocated on an immediate basis.

Termination

1. If the user should void/end the contract, the user should inform Sparrow SMS at least before a week and vice versa.
2. Any difference in opinions or complications that may arise, shall be resolved through mutual agreement. If any changes are to be made in this agreement, it can be done only with the mutual consensus between both parties.

Downtime

Sparrow SMS’s website (web.sparrowsms.com) is subject to maintenance, repairs, inspections, modifications and improvements, during which the Sparrow SMS Service may not be available. Such scheduled Downtime is subject to change. As to any outage of the normal services resulting therefrom, such outage shall not constitute a breach of contract by Sparrow SMS.

Return of Data

Upon termination or expiration of the Agreement between User and Sparrow SMS, each party’s rights to use or possess Confidential Information automatically terminate immediately. Each party shall return, or at the other party’s request provide verification of destruction of, any copy of any other party’s Confidential Information it may possess.