Terms of Service & Master Agreement
Legal terms, BTRC compliance guidelines, acceptable usage policies, and service delivery standards governing Bulk SMS, Cloud IP-PBX, Custom Software, and BDIX Hosting services.
1. Acceptance of Terms & Scope
These Terms of Service ("Agreement") constitute a legally binding agreement between Qolek Technologies ("Provider", "we", "us") and the corporate subscriber, developer, or organization ("Customer", "you") accessing our telecommunication gateways, software systems, and cloud infrastructure.
By establishing an account, consuming API services, or executing a corporate purchase order, the Customer certifies full authority to bind their organization to these terms and agrees to comply with all relevant Bangladesh statutory laws.
2. Bulk SMS, Masking Sender ID & BTRC Anti-Spam Directives
- Prohibited Content: Unsolicited promotional broadcasting, political campaigning without authorization, gambling, lottery scams, pyramid schemes, or unauthorized transactional impersonations are strictly forbidden and will result in immediate termination without refund.
- Promotional Dispatch Hours: As per national telecom guidelines, commercial and promotional SMS broadcasts may only be dispatched between 09:00 AM and 08:00 PM. Critical transactional OTP and alerts operate 24/7/365.
- Dynamic Masking & DND Registry: The Customer is responsible for honoring recipient opt-out requests and filtering numbers registered on the national Do-Not-Disturb (DND) list.
3. Cloud IP-PBX, Smart Telephony & SIP Trunking
Qolek Cloud IP-PBX solutions provide interactive IVR workflows, multi-extension routing, call recording, and SIP trunking for corporate enterprise environments.
- Authorized Voice Routes: Voice traffic must terminate through licensed domestic IPTSP and telecom gateways. Unauthorized VoIP bypass or illegal call routing is strictly prohibited under the Bangladesh Telecommunication Act 2001.
- Consent for Call Recording: If the Customer enables voice recording features, the Customer is solely responsible for notifying callers (e.g., via IVR prompt) as mandated by privacy standards.
4. Custom Software Engineering, ERP & Intellectual Property
Custom Deliverables
Upon 100% milestone settlement, ownership of custom bespoke code and database schemas developed specifically for the Customer transfers to the Customer.
Core Proprietary Engine
Underlying frameworks, reusable modules, telecom gateway connectors, and microservice architectures remain the proprietary intellectual property of Qolek.
5. BDIX NVMe Cloud Hosting & Acceptable Use Policy (AUP)
Our high-speed NVMe cloud instances and dedicated virtual servers operate on the Bangladesh Internet Exchange (BDIX) peering network with redundant fiber uplinks.
- Zero Tolerance for Abuse: Hosting crypto mining, IRC bots, outbound DDoS attacks, phishing portals, or copyrighted pirated media is strictly prohibited.
- Resource Fair Use: Shared cloud plans are subject to standard CPU and IOPS fair use policies to ensure stability across all tenants.
6. Invoicing, BDT Rates, Payment Gateways & VAT
All service charges are denominated in Bangladeshi Taka (BDT) and exclude statutory Government VAT/AIT unless explicitly stated otherwise in the commercial quotation.
7. Service Level Agreement (SLA) & Network Availability
Qolek guarantees a 99.99% monthly network uptime for all production telecom routing nodes and cloud server instances. Details regarding service credits, latency benchmarks, and MTTR commitments are detailed in our dedicated Enterprise SLA Policy.
8. Account Suspension, Governing Law & Dispute Resolution
Either party may terminate an ongoing subscription by providing 30 calendar days written notice. In the event of material breach or regulatory non-compliance, Qolek reserves the right to suspend API access immediately.
Arbitration & Jurisdiction:
This Agreement is governed by the laws of Bangladesh. Any dispute arising out of this Agreement shall be resolved amicably, failing which it shall be submitted to the exclusive jurisdiction of the competent courts in Dhaka, Bangladesh.