Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement made between you ("Client", "User", or "You") and Deshana IT, a unit of Deshana Enterprises Private Limited ("Deshana IT", "Company", "we", "us", or "our"). By accessing our website, executing a project contract, or utilizing our cloud communication APIs, SMS portals, or software development services, you agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue use of our services.

2. Scope of Services

Deshana IT operates as a full-service digital engineering and cloud communications agency providing:

• IT Engineering: Custom software development, mobile application development, enterprise web architecture, and digital marketing services.
• Cloud Communications (SMS Dekho): High-throughput A2P (Application-to-Person) Bulk SMS messaging, Voice broadcasting, and official WhatsApp Business API integrations.
• Web Infrastructure: Domain name registration, managed cloud hosting, and SSL provisioning.

3. Strict Anti-Spam & Telecom Compliance (TRAI/DLT)

For all clients utilizing our Bulk SMS, Voice, and WhatsApp infrastructure:

• Zero Tolerance for Spam: You are strictly prohibited from transmitting unsolicited promotional content, phishing links, fraudulent financial schemes, or any content violating the laws of the Republic of India. Any breach will result in immediate, non-refundable account termination and reporting to cybercrime authorities.
• DLT Mandate: In compliance with the Telecom Regulatory Authority of India (TRAI) TCCCPR 2018, all commercial messaging originating within India requires mandatory Principal Entity registration on operator DLT portals. Deshana IT will not route traffic for unregistered entities, unapproved headers, or non-compliant templates.
• NCPR/DND Scrubbing: Promotional messaging routes are aggressively scrubbed against the National Customer Preference Register (NCPR). Attempting to bypass DND scrubbing via illicit transactional routing is a federal offense.
• Content Liability: Deshana IT acts purely as a telecom conduit/aggregator. You bear sole, unconditional liability for the content of the messages transmitted through our APIs.

4. Payments, Credits & Refund Policy

Financial protocols govern all engagements with Deshana IT:

• Telecom Pre-paid Wallets: SMS and Voice services operate on a strict prepaid credit model. Credits purchased hold specific validity periods. Unused credits upon expiration are forfeited. No refunds will be issued for consumed credits, failed deliveries due to invalid destination numbers, operator network congestion, or account suspensions resulting from policy violations.
• Software & Web Projects: Custom development projects require milestone-based advance payments as dictated by the Statement of Work (SOW). Delays in milestone payments will result in the immediate suspension of development sprints. Deposits for custom engineering work are non-refundable once development has commenced.

5. Intellectual Property Rights (IPR)

Upon absolute clearance of all final invoices, the Intellectual Property Rights (IPR) for custom-developed software, mobile applications, and web assets will be formally transferred to the Client. However, Deshana IT retains the right to utilize non-proprietary, open-source underlying frameworks, libraries, and modular code structures across other projects.

For our proprietary SaaS platforms, SMS routing engines, and hosted dashboard solutions, Deshana IT merely grants the Client a non-exclusive, non-transferable, revocable license to use the software. No source code or ownership of the underlying telecom infrastructure is transferred.

6. Limitation of Liability & Service Level Agreements (SLA)

Deshana IT endeavors to provide 99.9% uptime across our infrastructure. However, our services are provided on an "AS-IS" and "AS-AVAILABLE" basis. We expressly disclaim liability for:

• Message delivery failures arising from downstream Tier-1 operator outages, network congestion, invalid subscriber numbers, or handset configurations.
• Loss of revenue, data corruption, or business interruption resulting from API downtime, cyber-attacks, or force majeure events.
• Third-party API deprecations (e.g., changes to Meta's WhatsApp Business API guidelines or Google search algorithms).

In no event shall Deshana IT's aggregate liability exceed the total amount paid by the Client to Deshana IT for the specific service in the one (1) month preceding the event giving rise to the claim.

7. Indemnification

You agree to unconditionally indemnify, defend, and hold harmless Deshana IT, its directors, engineers, and telecom partners against any claims, damages, fines, regulatory penalties, or legal fees arising out of your breach of these Terms, your violation of TRAI regulations, or claims that your transmitted content infringes upon third-party rights.

8. Governing Law & Jurisdiction

These Terms shall be exclusively governed by and construed in accordance with the laws of the Republic of India. Any legal dispute, arbitration, or proceeding arising out of or related to these Terms or the services provided by Deshana IT shall be subject to the exclusive jurisdiction of the competent courts located in Jaipur, Rajasthan, India.