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Terms of Service Agreement

Effective Date: 31-December-2025 | Version: 2.0 | Entity: Sampark Sutra, Indore

This Services Agreement ("Agreement") is a legal contract between Sampark Sutra, a digital agency having its principal place of business at Indore, Madhya Pradesh, India (hereinafter referred to as the "Agency", "We", "Us", or "Our"), and the entity or individual subscribing to or purchasing services (hereinafter referred to as the "Client", "You", or "Your").

Note: By accessing our website, purchasing subscription plans, signing a service order, or utilizing our API/Dashboard, you explicitly acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Definitions

  • "Services": Refers collectively to WhatsApp Business API, RCS Messaging, Bulk SMS, Voice Broadcasting, SEO, SMM, PPC Advertising, and any other digital solution provided by the Agency.
  • "Platform": Refers to the software, dashboard, or interface provided by Sampark Sutra or its partners to manage campaigns.
  • "Carriers": Telecommunication service providers (e.g., Jio, Airtel, Vi) and intermediaries (e.g., Meta, Google).
  • "Credits": The virtual currency or unit balance required to send messages or make calls via the Platform.

2. Scope of Services & Delivery

2.1. Messaging Services (WhatsApp, RCS, SMS)

The Agency guarantees the submission of messages to the relevant telecom operator or gateway. We do not guarantee 100% delivery to the end-user’s handset, as this depends on external factors such as the recipient’s network coverage, handset status (switched off), or carrier filtering.

For WhatsApp API and RCS, the Client acknowledges that:

  • Templates must be pre-approved by Meta/Google.
  • A "24-hour service window" applies to customer support messages.
  • Promotional messaging frequency is subject to the Platform’s quality score.

2.2. Voice Broadcasting (OBD/IVR)

Voice delivery relies on PRI/SIP trunk availability. The Agency is not liable for call failures due to congestion at the operator level. All promotional calls will be "scrubbed" against the NDNC (National Do Not Call) registry automatically unless the Client provides proof of explicit opt-in.

2.3. Digital Marketing (SEO, SMM, Ads)

While we employ ethical, white-hat strategies, the Agency does not warrant specific results such as "Top 10 Google Rankings," specific number of leads, or exact ROI, as these are controlled by third-party algorithms.

3. Regulatory Compliance (TRAI & DLT)

Strict adherence to Telecom Regulatory Authority of India (TRAI) regulations is mandatory for all clients using SMS and Voice services.
  • Principal Entity Registration: The Client must register as a "Principal Entity" on a DLT platform (e.g., PingConnect, VilPower).
  • Header & Template Approval: No SMS or Voice call can be triggered without an approved DLT Header (Sender ID) and Template.
  • Indemnification: The Agency acts solely as a technology aggregator. If the Client triggers messages that violate TRAI regulations (e.g., sending promotional content via transactional routes), the Client accepts full liability for any fines (which may range up to ₹50,000 per violation).

4. Fees, Billing & Taxes

  • Payment Terms: All services are pre-paid unless a specific post-paid agreement is signed. Monthly retainers for marketing services must be paid within 5 days of the invoice date.
  • Pricing Fluctuations: Prices for WhatsApp conversations and SMS termination are dictated by Meta and Telecom Operators. We reserve the right to update per-unit pricing if the underlying provider increases costs.
  • GST: All invoices will attract GST at the prevailing rate (currently 18%).
  • Refund Policy: Unused wallet credits (for SMS, WhatsApp, Voice) do not expire (unless the account is inactive for 12 months) but are non-refundable and non-transferable.

5. Intellectual Property

Agency IP: Sampark Sutra retains all rights to its source code, proprietary software, methodologies, and pre-configured automation flows (e.g., n8n workflows) developed for the Client, unless "Work for Hire" is explicitly stated in a separate contract.

Client IP: The Client grants the Agency a revocable license to use its logo and brand assets solely for the purpose of executing the marketing campaigns.

6. Limitation of Liability

To the maximum extent permitted by Indian Law:

  • Sampark Sutra shall not be liable for any indirect damages, loss of profit, or data loss.
  • Our total cumulative liability shall strictly not exceed the total fees paid by the Client to the Agency in the one (1) month prior to the incident.
  • We are not responsible for downtime caused by WhatsApp/Meta servers, Google Cloud outages, or Nationwide Internet disruptions.

7. Dispute Resolution & Jurisdiction

In the event of a dispute, both parties agree to attempt to resolve the matter amicably through good-faith negotiations. If unresolved, the dispute shall be subject to the exclusive jurisdiction of the courts at Indore, Madhya Pradesh.

8. Contact Us

If you have questions regarding these Terms, please contact us at:

Sampark Sutra
Indore, Madhya Pradesh
Email: sampark@samparksutra.com