Terms and Conditions

01Acceptance of Terms & Scope of Service

These Terms and Conditions, together with any Service Order Forms, Interconnect Master Services Agreements (MSA), and Technical Specifications, constitute a legally binding agreement between NAMX Telecom ("NAMX", "we", "us", or "our") and the enterprise, aggregator, mobile operator, or entity ("Customer", "Client", or "You") accessing or utilizing our messaging infrastructure.

By establishing an SMPP bind (transceiver, transmitter, or receiver session), issuing API queries via REST endpoints, logging into the web broadcast portal, or transmitting Short Message Peer-to-Peer Protocol (SMPP) Packet Data Units (PDUs) to our switching gateway, you acknowledge that you have read, understood, and agree to be bound by these Terms in full.

02Account Provisioning, KYC & Static IP Whitelisting

To maintain network integrity and adhere to international telecommunication anti-fraud frameworks, all Customer accounts are subject to mandatory Know Your Customer (KYC) verification and security screening prior to commercial traffic authorization.

• Static IP Authorization: All SMPP sessions and REST API transmissions must originate from pre-whitelisted, customer-owned static IP addresses or CIDR blocks. Dynamic IP ranges are rejected at our edge firewalls.
• Credential Security: The Customer is solely responsible for maintaining the confidentiality of their assigned SMPP System ID, System Type, Password, API bearer tokens, and web platform user accounts.
• Session & Keep-Alive Limits: Customers are provisioned with negotiated Transceiver (TRX) sessions. The default enquire_link PDU heartbeat interval is set to 30 seconds. Inactive binds exceeding 90 seconds without PDU acknowledgments are automatically terminated by our session managers.

03Acceptable Messaging Policy & Anti-Spam Prohibition

NAMX Telecom maintains a zero-tolerance policy regarding illegal traffic, phishing (smishing), fraudulent financial solicitations, and unsolicited commercial broadcasts. All traffic passing through our core SS7 switches is continuously inspected by automated heuristic firewalls.

The Customer expressly covenants and warrants that:

1. All message recipients (MSISDNs) have provided verifiable, opt-in consent in strict compliance with the destination country’s regulations (e.g., TCPA in the United States, GDPR/PECR in the European Union, TRAI regulations in India).
2. All marketing and promotional communications include an immediate, non-punitive opt-out mechanism (such as replying "STOP" or a free unsubscribe web link).
3. No automated dictionary attacks, random MSISDN number generators, or grey-route SIM-farm bypass channels will be utilized.

04Sender ID Whitelisting & Jurisdictional Telecom Regulations

Alphanumeric Sender IDs (up to 11 characters) and Shortcodes are subject to local telecommunication authority approval. The Customer agrees to comply with all regional header registration mandates:

NAMX Telecom reserves the right to replace unauthorized or un-whitelisted dynamic Sender IDs with compliant fallback numeric identifiers to prevent destination operator rejections.

05Pricing, Rate Cards, Bilateral Netting & Payment Settlement

Services are priced in accordance with our real-time wholesale rate card or individual interconnect annexes. Rates are quoted in Euros (EUR), United States Dollars (USD), or Tether (USDT).

Rate Adjustments: Due to mobile network operator price fluctuations, NAMX Telecom reserves the right to adjust destination corridor rates upon 3 to 7 days written or electronic notice. Emergency operator surcharges or regulatory levies take effect upon implementation by the relevant operator.

Billing Measure: Charges apply on a per-submission basis (each submitted PDU part of up to 160 GSM 7-bit characters or 70 UCS-2 Unicode characters), regardless of final mobile handset delivery, except where explicit Direct MNO Delivered-receipt (DELIVRD) SLA terms have been executed in writing.

06Service Level Agreement (SLA) & Network Availability

NAMX Telecom commits to providing an enterprise carrier-grade service availability standard of 99.99% network uptime for its core switching infrastructure and SMPP endpoints.

• OTP & Transactional Latency: Messages routed through our Tier-1 Direct SS7 routes target a transit delivery time of under 2.5 seconds globally.
• Network Redundancy: Our core nodes operate with dual active-active redundancy across Tier-4 data centers with automatic BGP failover across multiple international transit backbones.
• Scheduled Maintenance: Routine maintenance windows are announced with a minimum of 48 hours advance notice and executed during low-traffic periods with zero expected route disconnection.

07Intellectual Property & Confidentiality

All proprietary algorithms, LCR routing engines, API specifications, platform interfaces, trademarks, and documentation remain the exclusive intellectual property of NAMX Telecom.

Each party agrees to maintain strict confidentiality regarding all proprietary information received from the other party, including but not limited to wholesale pricing sheets, network topologies, bind credentials, technical architectural guides, and transaction volumes. Confidential information may only be disclosed as required by court order or competent regulatory authorities.

08Limitation of Liability & Disclaimers

To the maximum extent permitted by applicable law, NAMX Telecom provides its services on an "as-is" and "as-available" basis without warranties of any kind, whether express or implied.

NAMX Telecom shall not be held liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, business revenue, data, or operational downtime arising out of destination operator filtering, subscriber handset unavailability, network congestion, or regulatory blocking outside of our direct operational control.

In any circumstance, NAMX Telecom's aggregate liability for direct claims arising under this agreement shall not exceed the total fees paid by the Customer to NAMX Telecom during the one (1) month preceding the incident giving rise to liability.

09Suspension, Throttling & Termination

NAMX Telecom reserves the right to immediately suspend or throttle customer binds without liability in any of the following events:

• Suspected fraudulent activity, phishing smishing campaigns, or high-volume spam broadcasts.
• Failure to maintain positive credit balance or exceedance of approved bilateral credit thresholds.
• Receipt of critical complaints, upstream carrier fines, or warnings from mobile network operators or telecom law enforcement agencies.
• Breach of static IP security protocols or anomalous TPS traffic surges threatening network stability.

Either party may terminate the messaging relationship for convenience upon giving thirty (30) days prior written notice, subject to full settlement of any outstanding balances and reconciliation of itemized CDRs.

10Governing Law & Dispute Resolution

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with international commercial law principles and the laws governing international telecommunication carrier agreements.

Any unresolved dispute, controversy, or claim arising under this agreement shall be settled through good-faith commercial negotiation between designated executive officers. If unresolved within thirty (30) business days, disputes shall be submitted to binding international commercial arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC).

11Legal Notices & Enterprise Inquiries

For legal inquiries, compliance certificates, formal notices, or custom Master Services Agreement (MSA) execution, please contact our legal and carrier relations desk: