Terms And Conditions

This policy is effective for all K.Utility users/visitors. Please read following important Terms of Service Agreement before accessing or using any services made available to user (the client and visitor) by K.Utility through https://kutility.com/ or mobile app. By accessing or using the services, user acknowledge that he/she carefully read and understood whatever has been listed, and user agree to be bound by these Terms. If user have any questions regarding these Terms of Service please contact us at info@kutility.com

Refund Policy:

K.Utility not offer refund in any case even for Failed SMS, Account Block or for wallet balance which is left and unused. Once transaction is initiated by user & money added to K.Utility wallet then there will be no refund in future to user’s bank account. All balance in K.Utility wallet can only be used for sending Bulk SMS. Our system works on submission basis so you need to pay for each SMS processed from K.Utility website/app which includes Failed SMS as well (Blocked numbers are not chargeable). For blocked account K.Utility don’t offer any refund.

Visitor/User Agreement:

K.Utility follow all TRAI (Telecom Regulatory Authority of India) rules and regulations and same TRAI rules applicable to all K.Utility users. All K.Utility users agree on following terms:

K.Utility can change price of SMS without any notification.

K.Utility can force users to complete DLT Registration as per TCCCPR, 2018 for sending Bulk SMS or OTP SMS. K.Utility can block users account (without refund) if user is not registered in DLT platform.

K.Utility can ask for company documents to verify the ownership of any account, if user is unable to provide such documnets then K.Utility have rights to block users account (without refund).

K.Utility don’t provide integration help for SMS API, you need to integrate the API yourself in your software/website.

K.Utility can change terms & conditions anytime (without notice).

K.Utility is allowed to store each user data, sent messages and every activity on website/app and no data will be deleted on user’s request. All data and logs will be permanently stored for security reasons.

After signup K.Utility can send alerts, notification or emails to its registered users.

Provide true, accurate, current and complete information about himself/herself as prompted by the registration form (such information about the “Registration Data”) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If user provide any information that is untrue, inaccurate, not current or incomplete then the K.Utility has rights to disable account. K.Utility keeps the right to terminate user membership and refuse to provide service/access to the site (without any notice and refund).

Agree to receive SMS notification from K.Utility even if user is in a DND (Do Not Disturb) list. Note: If user does not want to receive SMS from K.Utility then user can register his/her number in our “block your number (DND)” feature.

User is responsible for maintaining the confidentiality of his/her account and password. For restricting access to user computer, user needs to accept responsibility for all activities that occurs under his/her account or password.

Use of any robotic, automatic, programmed or similar entry methods that are not deemed by the Website to represent legitimate use of the Web Services will void all earnings and result in account suspension.

K.Utility user have to pay all charges which decided by local and national government. Additional charges are mentioned in website as Tax (GST) which is mandatory for each transaction.

User using K.Utility service and face any financial or physical loss then K.Utility, its affiliates, officers, employees, and representatives are not responsible for loss.

Service Usage Policy:

Each K.Utility user is solely responsible for all acts that occur from his/her account, including the content of the messages transmitted through the K.Utility service. The utilization of the SMS service is subject to the following Terms of Service.

Any illegal use of the SMS service is strictly prohibited. K.Utility user (each account owner) is responsible for all the SMS sent from his/her account. Team K.Utility will be exempt from any claim that may arise from third parties as a result of the users sending SMS content. Each user guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin).

Each K.Utility user accepts that the service is provided for professional & business use only and agrees not to use it for:

Sending SMS related to: alcohol, dating, gambling, casino, rummy, betting, trading websites or any activity which is against Indian government law or telecom operators (DLT registration is mandatory)

Sending personal SMS, abusive SMS, adult or sexual, harassment message content are not allowed, legal action will be taken further including account ban (without refund).

Sending fake bank credit/debit SMS or any type of SPAM/fraud SMS content are not allowed, account can be blocked without notice & refund.

Send unsolicited messages (i.e. mobile spam) and to therefore ensure that SMS are only sent to individuals that have given their permission.

Harvest, or otherwise collect information about others, without their consent.

Sending stock related SMS required SEBI registration certificate as per TRAI, account can be blocked for not providing details (without refund).

Mislead others by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to user.

Transmit, associate or publish any unlawful, racist, harassing, libellous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if user’s content is not suitable for ages 13+, it most likely goes against our Usage Policy.

Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.

Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs.

Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.

Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.

Interfere with others use and enjoyment of the service.

Engage in any other activity that team K.Utility believes could subject it to criminal liability or civil penalty/judgment.

K.Utility may verify your account by asking personal & company government ID proof (any time) to protect SPAM SMS (account can be blocked without refund if user is unable to provide documents).

As per TRAI rules, K.Utility don’t allow sending promotional or marketing sms from ‘Service Implicit’ category. If any user approved Promotional SMS from DLT in ‘Service Implicit’ category then K.Utility have rights to block that template for sending SMS from its website/app or even block users account (without refund).

K.Utility have rights to block any DLT approved sender id or DLT approved content template which is against TCCCPR, 2018 & also don’t allow DLT approved messages which include personal sms, adult sms, sexual or body massage sms, abusive sms, fake or spam sms, bank credit/debit sms, stock related sms, or any messages which create false identity or illegal/misleading activity (users account can be blocked without refund).

On receiving DND complaints for DLT approved SMS. K.Utility have rights to block that template or block users’ accounts (without refund).

SMS sending from Quick SMS route & voice calls will be manually approved (can take 6-24 hours) before sending.

K.Utility have rights to force users to complete DLT registration before sending SMS in india. Users account will be blocked without refund for not completing DLT registration as per TCCCPR, 2018.

K.Utility not allow SMS which contain abuse, sexual, racist, discriminatory content and harassment. If any user sends such SMS then he/she will be responsible and legal action will be taken further including account ban (without refund)

User acknowledge that team K.Utility delivers SMS’s via major telecom operators and can therefore only influence the delivery transmission of SMS within the technical constraints imposed. SMS’s submitted via Internet will be transferred to our connected mobile network providers, provided that the recipient’s phone is switched on and doesn’t have a full memory and is located in an area covered by its subscribed mobile network provider. User acknowledges that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS to the recipient successfully & messages can be failed for some numbers and for some areas (our system works on a submission basis which means that each sent sms will be chargeable & we don’t provide refund for failed sms).

User is responsible for the privacy and storage of the user-name and password. User agrees to be legally bound by all the activities carried out through his/her account.

Team K.Utility neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While team K.Utility makes every effort to deliver messages promptly.

Team K.Utility doesn’t refund the credits for undeliverable messages to user because K.Utility cannot guarantee delivery of the SMS’s to recipients due to possible errors. Team K.Utility debits transmitted SMS’s according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if investigation by team K.Utility has produced evidence of a technical problem or error.

Team K.Utility reserves the right to exclude user from using K.Utility service. All purchases must be considered as final, in compliance with our no refund policy.

The SMS account balance is non-refundable and does not bear any interest. All the SMS’s must be used in the validity period from the date of the purchase.

User shall indemnify and reimburse team K.Utility all liabilities, costs, losses and damages, in case of any claim brought against team K.Utility from any third party due to breach of contract.

User shall in no way raise questions concerning our price, policy, service and feature.

Profile Verification Agreement:

After signup K.Utility system may ask for profile verification documents like PAN card etc, to verify user name and address. Theses documents are required before using K.Utility service. User agree that, In case of any abuse, misleading, illegal, scam (or any activity which is against law) activity performed by user then K.Utility can share documents with any government organisation.

If user is unable to provide correct documents then K.Utility have rights to block account permanently (without refund). User also agree that once documents are uploaded then these documents will not be deleted from K.Utility server nor user can force/request.

Applicable Law & Court:

These terms and conditions are governed by the laws of India and Delhi. In case of any dispute, the courts of Bhopal shall have jurisdiction.

Payment Policy:

1. Payment Terms
All invoices are due and payable within thirty (30) days from the date of the invoice unless otherwise agreed upon in writing. Payments not received within the agreed timeframe will incur a late fee as specified below.

changes-

2. Payment Methods
We accept the following payment methods:

Bank Transfer
UPI
Debit/Credit Card

3. Late Payment Fees
Payments not received by the due date will incur a late payment fee of 1.5% per month on the outstanding balance, or the maximum allowed by law, whichever is lower.

4. Disputed Charges
Any disputes regarding charges must be submitted in writing within ten (10) business days of receipt of the invoice. Disputes submitted after this period will not be considered, and the invoice will be deemed accurate and payable in full.

5. Termination for Non-Payment
We reserve the right to suspend or terminate services if payment is not received within sixty (60) days of the invoice date. All collection costs, including legal fees and expenses, incurred by us in connection with recovering overdue amounts will be the responsibility of the client.

6. Cancellation Policy
If a project is canceled by the client after work has commenced, the client will be invoiced for the amount of work completed up to the cancellation date, plus any expenses incurred.

7. Refund Policy
Refunds are issued only in cases where services have not been delivered as per the agreement. Refund requests must be submitted in writing within ten (10) business days from the date of service delivery.

8. Tax Compliance
Clients are responsible for the payment of any applicable taxes, including sales tax, VAT, or GST. These will be added to the invoice where applicable.

9. Service Suspension
We reserve the right to suspend services if payments are overdue. Services will be resumed only after the outstanding payments are received in full.

10. Confidentiality
All payment information shared by the client will be treated as confidential and will not be disclosed to any third parties without the client’s consent, except as required by law.

11. Electronic Invoicing
Invoices will be sent electronically via email unless otherwise requested by the client. It is the client’s responsibility to provide and maintain a valid email address for billing purposes.

12. Payment Receipts
Upon receiving a payment, a receipt will be issued to the client within five (5) business days. The receipt will confirm the amount paid and any outstanding balance.

13. Proforma Invoicing
For certain services or new clients, a proforma invoice will be issued, and full payment must be received before the commencement of work.

14. Subscription Services
For subscription-based services, payments are due on the first day of the subscription period. Subscriptions will automatically renew unless canceled in writing at least thirty (30) days before the renewal date.

15. Payment Processing Time
Payments may take up to five (5) business days to process. Clients are advised to initiate payments accordingly to ensure they are received by the due date.

16. Refund Processing
Approved refunds will be processed within ten (10) business days from the date of approval. Refunds will be issued using the same method of payment as the original payment.

Copyright:

All K.Utility logo, data, images, information, texts, programs and images of advertisements placed on the site are registered trademarks of K.Utility & subject to copyright laws. Any further processing or usage in any kind by third parties is not permitted.