Terms of Service

1. Who these terms apply to

We ("we," "us," "the Service") are Venix Partners Limited, trading as Mesaj for SMEs, a bulk SMS platform for Nigerian small and medium businesses. By creating an account, you agree to these terms on behalf of the business you represent. You must be authorized to act for that business and to accept these terms on its behalf.

2. Your account and business information

To use the Service you provide business information, including your business name, CAC registration number, sector, and a photo or scan of your CAC certificate, which we forward to telecom carriers as part of getting your Sender ID approved. You're responsible for making sure this information is accurate and that you're authorized to submit it. Submitting false or misleading business information is grounds for suspending your account.

3. Sender IDs and message content

Sender ID requests are reviewed and forwarded to MTN, Airtel, Glo, and 9mobile individually. Approval timing and outcome are ultimately up to each carrier, not us. Once approved, you may send campaigns under that Sender ID.

All campaign content is checked against Nigerian Communications Commission (NCC) advertising guidelines before sending. Messages that fail these checks are rejected automatically and never sent. Passing these checks is not a guarantee of full regulatory compliance in every respect; you remain responsible for the content of messages sent from your account, including compliance with NCC rules, other applicable Nigerian law, and any sector-specific regulations that apply to your business.

You may not use the Service to send content that is:

• Obscene, or unsuitable for a general audience
• Discriminatory on the basis of race, religion, sex, gender, age, or national origin
• Fraudulent, deceptive, or intended to scam recipients
• Sent without the consent of the people you're messaging
• In violation of any Nigerian law or NCC regulation

4. Recipient consent is your responsibility

When you upload a contact list or send a campaign, you're confirming that you have the right to message every number on that list, whether through their consent, an existing customer relationship, or another lawful basis. We don't verify this on your behalf. You agree to indemnify us against any claim, fine, or complaint arising from messages sent to people who did not consent to receive them.

5. Wallet, billing, and refunds

You fund your wallet in advance via Paystack; campaign costs are deducted from this balance when you submit a campaign.

Messages are charged per part, per recipient. An SMS part is 160 characters, or 70 characters if your message uses emoji, accented letters or curly quotes. A message longer than one part is sent as several parts and is charged for each of them, because the networks charge us the same way. The exact cost is shown to you before you submit a campaign.

Refund policy for a campaign send:

• If a carrier rejects a message outright (it's never actually dispatched), that portion is refunded to your wallet automatically.
• If a carrier accepts and dispatches a message but it ultimately fails to reach the recipient's phone (e.g. the phone is off, the number is inactive), that message is not refunded. The carrier charges for the attempt regardless of final delivery, consistent with standard SMS industry billing.

Wallet funds have no cash value outside the Service and are non-transferable between accounts.

Top ups are not refundable. Money you add to your wallet buys message credit and stays in your wallet. We do not pay it back to your card, your bank account, or anyone else, whether you spend it or not. This applies on account closure too.

Where these terms say an amount is refunded, that always means it is credited back to your Mesaj wallet for future sends. It is never paid out to you in cash. Once a campaign has been submitted and the messages have been handed to the carriers, that spend is final: we cannot recall a message that has already gone out, and we cannot reverse the charge for it.

6. Suspension and termination

We may suspend or terminate your account for violating these terms, sending prohibited content, providing false business information, or fraudulent payment activity. You may stop using the Service at any time. As set out in section 5, any unused wallet balance is not refundable to cash when you close your account.

7. Service availability

We aim to keep the Service available and reliable but don't guarantee uninterrupted access. Message delivery ultimately depends on third parties, telecom carriers and our SMS gateway provider, whose performance is outside our direct control.

8. Limitation of liability

To the fullest extent permitted by law, we're not liable for indirect, incidental, or consequential damages arising from your use of the Service, including lost business or revenue resulting from delayed or undelivered messages.

9. Changes to these terms

We may update these terms from time to time. Material changes will be communicated by email or an in-app notice before they take effect.

10. Governing law

These terms are governed by the laws of the Federal Republic of Nigeria.

11. Contact

Questions about these terms: support@venixpartners.com