About Company

CellcommNext (A Unit Of ASGS Infosystems) is an enterprise Messaging communication platform that offers personalized and customized Messaging Services, WhatsApp, Email, Voice, Pin bot, solutions to empower business communications, with direct connectivity to major telecom operators. Our solutions are designed to automatically trigger the sending of SMS directly through your application or software.

CellcommNext provides the flexibility of swift messaging without any number, time, or location constraints. The messages can be sent to any mobile number along with the delivery status tracking of each message. It integrates HTTPs, XML API, SMPP with other software for delivering messages to the respective recipient’s mobile phones.

The CellcommNext Platform includes a sandbox environment and developer portal designed to allow client to access, upload, download, edit, create, store, and interpret files and data in connection with building, hosting, and deploying your Bot(s). Files contained in each Bot may include files written in Artificial Intelligence Markup Language (“AIML Files”), and SETS, MAPS, SUBSTITUTIONS, and SYSTEM files (collectively, “Other Files”). Data may include analytics and bot logs, which may include “Inputs” to, and “Outputs” from, your Bot(s) (“BOT logs”).

These Terms of Service (these “Terms”) include the legal terms that we require all developers and other users/client to accept and implement as a condition of accessing our web services located at www.CellcommNext.com and other websites owned and/or operated by CellcommNext (the “Website(s)”), and/or accessing or using the application programming interfaces provided on or in connection with the CellcommNext Platform (“API(s)”), including any documentation, materials, code, data (such as logs as defined below), files (such as AIML and Other Files as defined below) and other information or materials made available to clients by CellcommNext on or in connection with the APIs (collectively, “CellcommNext Content”) to develop Bots for use in your products or devices (“Devices”) and/or your software applications Application(s).

  1. 1. DEFINITION

    The following terms and expressions shall have the meanings assigned to them herein, unless repugnant or contrary to the context hereof or unless defined in the text of this Agreement with the meaning given herein below:

    1. Charges- means all fees that CellcommNext invoices to the Client in consideration for the Services. Charges may be invoiced as one-time fees or recurring fees, respectively as flat fees or (usage-based) variable fees.
    2. Applicable Laws” means any law, statute, Act, rules, regulations, guidelines, policy/ies and or framed time to time or other pronouncement having the effect of law of any Government Authority/ies, as interpreted and administered including any modifications or amendments thereto.
    3. Contents means the contents sent by the Client through CellcommNext platforms and Services such as, without limitation, the contents of a SMS or of a WhatsApp message.
    4. Client means the legal person client of CellcommNext entering into the Contract or agreement, as identified on the on-line registration form upon signing up and creating an account, excluding individuals qualifiable as consumers i.e. any natural person acting outside the scope of an economic activity and for purposes different from trade, business, craft or profession.
    5. Subcontractors” means contractors, vendors, agents and/or consultants selected and retained by the Customer under a contract (other than under an employment contract) under which such contractor, vendor, agent and/or consultant agrees to provide all or any part of the Services.
    6. Party, Parties means in the singular the Client or CellcommNext and in the plural the Client and CellcommNext.
    7. “End User” means any third party being a recipient of Content from Client.
    8. “Intellectual Property Rights” – means patents, trademarks, service marks, trade names, design rights, copyright, database rights, semi-conductor topography rights, know-how and other intellectual property rights (of whatever nature and wherever arising) whether registered or unregistered including applications for the grant of any such rights.
    9. “Code of Practice” means (1) all applicable codes of practice (including any generally recognized voluntary codes of practice regulating the operation of the internet), all applicable laws, regulations, any government recommendations and/or any recommendations of any regulatory body in the Territory; and (2) any rules of procedure (including technical or quality control procedures), guidelines, directions, policies and/or other requirements made or adopted by legal bodies in the Territory from time to time.

  2. 2. SERVICES RENDERED BY CellcommNext

    1. CellcommNext shall render the Services with due care and diligence.
    2. CellcommNext warrants to maintain at all times during the term of the Agreement adequate technical infrastructure to perform its obligations under the Agreement.
    3. CellcommNext renders Enterprise communication and messaging services.

  3. 3. THE CLIENT OBLIGATIONS

    In consideration of the user’s use of CellcommNext, the users agree to be solely responsible for:

    1. Providing true, accurate, current and complete information about Self and other down line user under its group.
    2. Maintaining and promptly updating the Data to keep it true, accurate, current and complete. The Client shall free of charge:
      1. Client shall provide to CellcommNext in a timely manner all information, documents, data, etc. necessary for the provision of the Services and obtain all necessary approvals, authorizations and third-party consents needed for CellcommNext to deliver the Services;
      2. implement safeguards in accordance with best industry practices to ensure that no viruses or other malicious code are transmitted from the Client’s infrastructure to CellcommNext environment.
      3. Additional cooperation obligations of the Client may be set forth in specific Service Agreements.
      4. The Client shall be solely liable for the safekeeping and backing up of its data (including installed software), unless otherwise set forth in the Agreement and for the security of the user’s password and should under no circumstances make it available to any third person.
      5. The Client is responsible for the access of the SMS-Systems by any third person. This especially refers to all costs and charges for all, without limitation, messages that CellcommNext sends out under the user’s account.
      6. The Client agrees that they are responsible for the Content of messages that they submit, and the users, not CellcommNext, have responsibility for the Content, including its legality, reliability, appropriateness, originality and copyright.
      7. The Client agrees to not use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law. A recipient that does not wish to receive SMS messages services including advertisements or promotions and states this clearly to CellcommNext or the users, has to be removed from the system list.
      8. If The Clients use the Services for customized advertisement or promotion, the user’s message has to contain a hotline or a help line or a feedback Phone Number.
      9. The Client should not use the Company’s system (CellcommNext) for any unlawful or abusive purpose or for sending obscene, indecent, threatening, harassing, unsolicited messages affecting / infringing upon national or social interest nor create or cause any damage to any group or person(s).

  4. 4. TECHNICAL SUPPORT TERMS

    1. The Client/User can be provided with an admin control through the website at their end to monitor the accounts and usages of self and down line users. This service may attract any cost thereof. The User can create its down line user accounts and allot them credits from their own credit limits.
    2. CellcommNext provides technical support to only that usage or platform which is built by CellcommNext.
    3. CellcommNext will provide technical support, with regard to the Services, 24 hours a day, 7 days a week to the Client.

  5. 5. NOTICES AND MODIFICATION OF AGREEMENT/SERVICES

    CellcommNext (A Unit Of ASGS Infosystems) may send notices to the users/client via e-mail or regular mail. The Services may also provide notices of changes to the Terms of this Agreement or other matters. CellcommNext (A Unit Of ASGS Infosystems) reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with 30 days prior notice. Changes in pricing will be made available to the users with prior notice of 7 days. If the Client doesn’t send a written objection within 30 days, it shall be considered that the users agree to any changes.

  6. 6. DURATION AND TERMINATION OF AGREEMENT

    1. Termination for cause
      Either Party may terminate this Agreement immediately by giving 30 days written notice to the other (defaulting) Party in advance:
      1. the other Party commits a material, persistent or repeated breach of any of its obligations under this Agreement and does not remedy such breach within 15 business days;
      2. the other Party becomes bankrupt or insolvent or if a liquidator is appointed over the assets of the other Party;
      3. CellcommNext has the right to immediately terminate these Terms or discontinue your use of the Website(s) for any reason at any time;
      4. Notwithstanding anything contained herein, CellcommNext shall be entitled to suspend/disconnect/terminate the Services without notice if:
        1. The Government or the Authority suspends, terminates or takes over the License or the Services;
        2. At any time, the Client fails to satisfy the requisite credit checks or provides incorrect information;
        3. Any breach of terms and conditions of this agreement or violation of other provision of Law by the Customer;
        4. if Client violates any law rule, regulation or policy of any Government Authority.

  7. 7. DISCLAIMER OF WARRANTIES

    1. The users use of the Services is at the user’s sole risk. The Services are provided on an “as is” and “as available” basis.
    2. Under no circumstances can CellcommNext guarantee the delivery of messages. CellcommNext is not liable for delayed or failed delivery of short messages (SMS).
    3. CellcommNext makes no warranty that the Services will meet the user’s requirements, will be uninterrupted, timely, secure, or error-free.

  8. 8. INTELLECTUAL PROPERTY (IP)

    1. CellcommNext owns all rights, title and interest in and to the Intellectual Property of the entire content available on the website www.CellcommNext.com.

  9. 9. LIABILITY

    1. In no event shall either Party be liable for any indirect, incidental, consequential, punitive, exemplary, reliance, cover or like damages.
    2. The total liability of CellcommNext under this Agreement shall be limited to 1 year of the Fees preceding the claim.

  10. 10. PUBLICITY

    CellcommNext reserves the right to use certain details of the Client, including the logo or name, for its own marketing and advertising purposes.

  11. 11. FORCE MAJEURE

    Neither Party is under any liability for any failure to perform any of its obligations due to force majeure events including power failure, acts of God, strikes, etc.

  12. 12. INDEMNITY

    The Client shall indemnify and hold harmless CellcommNext against any third party claims arising out of breach of this Agreement by the Client.

  13. 13. CONFIDENTIALITY

    The Client agrees to keep confidential all materials passing from CellcommNext to the Client and ensure its employees do the same.

  14. 14. RELATIONSHIP BETWEEN THE PARTIES

    This Agreement is made on a principal-to-principal basis and does not create any employment, partnership, or agency relationship.

  15. 15. TERM AND TERMINATION

    The Agreement takes effect as of electronic acceptance and continues for a term of one year, automatically renewable unless terminated.

  16. 16. NOTICES

    Notices must be in writing. For CellcommNext: Utsav Arcade – 2nd Floor, A3, Gurdwara Road, Mahavir Enclave Part-1, Opposite Gurdwara, New Delhi-110045. Email: sales@cellcommnext.com

  17. 17. ASSIGNMENT

    CellcommNext may assign these Terms at its discretion. The Client may not assign these Terms without prior written consent.

  18. 18. REFERENCE

    Client grants CellcommNext license to display Client’s trademarks/logos for marketing purposes.

  19. 19. ARBITRATION

    Disputes shall be settled by arbitration in Nagpur, Maharashtra, India in accordance with the Arbitration and Conciliation Act, 1996.

  20. 20. SURVIVAL AND SEVERABILITY

    If any provision of these Terms is determined to be invalid, the remaining provisions shall remain in full force and effect.

  21. 21. NON-SOLICITATION

    Neither party shall solicit any of the other party’s employees or clients for the duration of this agreement and one year thereafter.

  22. 22. DATA PROTECTION AND PRIVACY

    The Client must ensure relevant consents have been obtained from individuals. CellcommNext will not use Personal Data for other purposes than Solution utilization.

  23. 23. UPDATES

    We reserve the right to modify or update the Website or Platform at any time without notice.

  24. 24. WAIVER

    No waiver of any right or remedy shall be deemed unless given in writing.

  25. 25. CONTACT DETAILS

    If you have questions or concerns, please contact us at hello@cellcommnext.com.