Terms And Conditions

Terms and Conditions

Effective Date: 10 October 2018
Last Updated: 27 May 2026
Company: NextByte ICT Solutions Co. Ltd
Platform: NextSMS (nextsms.co.tz)
Registered Address: Victoria House, Regent Estate, Plot. No. 37, Bagamoyo Road, Sixth Floor, Wing C, Kinondoni, Dar es Salaam

Please read these Terms and Conditions carefully before registering for or using the NextSMS platform. By creating an account or using any of our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our services.

1. About NextSMS

NextSMS is a bulk messaging platform operated by NextByte ICT Solutions Co. Ltd, a company incorporated under the laws of the United Republic of Tanzania. We provide businesses and individuals with tools to send bulk SMS, WhatsApp messages, and mobile messages to their customers and stakeholders.

Our services are offered subject to compliance with all applicable Tanzanian laws, including but not limited to the Electronic and Postal Communications Act (EPOCA) No. 3 of 2010, the Electronic and Postal Communications (Online Content) Regulations, 2018 (Regulation No. 16), and the Personal Data Protection Act No. 11 of 2022.

2. Definitions

In these Terms, the following words shall have the meanings set out below:

  • "Platform" means the NextSMS web application, mobile application, API, and pre-assigned servers available through nextsms.co.tz.
  • "Service" means the Bulk SMS Service, WhatsApp messaging, mobile SMS, and any related features provided through the Platform.
  • "Customer" or "You" means the person, business, or organisation that registers and uses the Platform.
  • "Recipient" means any person who receives a message sent through the Platform.
  • "Sender ID" means the alphanumeric name or number that appears as the sender on a message.
  • "Credits" means the pre-purchased messaging units used to pay for messages sent through the Platform.
  • "Content" means any text, data, or information included in messages sent by the Customer.
  • "Consent" means the prior express agreement of a Recipient to receive Bulk SMS Messages from the Customer.
  • "TCRA" means the Tanzania Communications Regulatory Authority.

3. Eligibility and Registration

3.1 Who May Register

To register and use NextSMS, you must:

  • Be at least 18 years of age;
  • Be a legally registered business, organisation, or individual operating within or targeting audiences in Tanzania or other permitted jurisdictions;
  • Have the legal capacity to enter into a binding agreement;
  • Not have been previously suspended or banned from the Platform.

3.2 Accurate Information

The Customer must adhere to the terms of this condition and the Code of Conduct, select a username and sender identifier, and complete all required fields in the Bulk SMS Request Form by providing current, complete, and accurate information. NextSMS reserves the right to suspend the Bulk SMS Service in the event it receives inaccurate details from the Customer.

3.3 Account Activation

Once the username and sender identifier have been assigned and activated for the Customer, the Customer will be notified through SMS and/or email. NextSMS reserves the right to decline registration at its sole discretion without obligation to provide reasons.

3.4 Account Security

The Customer must provide their username and password whenever they wish to use the Bulk SMS Service. You are solely responsible for maintaining the confidentiality of your credentials. You must notify NextSMS immediately at support@nextsms.co.tz if you suspect any unauthorised access to your account. NextSMS will not be liable for any loss or damage arising from your failure to keep your credentials secure.

4. Sender ID Policy

4.1 Registration of Sender IDs

All Sender IDs used on the Platform must be registered and approved by NextSMS prior to use, in accordance with TCRA requirements. Sender IDs must accurately represent your registered business name or brand. Misleading, offensive, or impersonating Sender IDs are strictly prohibited.

4.2 Prohibited Sender IDs

You may not use a Sender ID that:

  • Impersonates any government authority, financial institution, network operator, or well-known brand;
  • Contains offensive, obscene, or discriminatory language;
  • Is misleading as to the identity of the sender;
  • Has not been approved by NextSMS;
  • Violates any TCRA directive or guideline.

4.3 Shared Sender IDs

Where a shared or generic Sender ID is used, NextSMS reserves the right to assign one at its discretion. You accept that shared Sender IDs may be used by multiple customers simultaneously.

5. Regulatory Compliance

5.1 TCRA Obligations

The Customer agrees to abide by all applicable laws, regulations, and network operator or service provider requirements, including but not limited to the Tanzania Communications Regulatory Authority's Regulation No. 16 of the Electronic and Postal Communications (Online Content) Regulations, 2018. Any complaint from a network operator or service provider will be regarded in a very serious light and the Customer's use of the Bulk SMS Service may be suspended accordingly.

All customers must additionally comply with:

  • The Electronic and Postal Communications Act (EPOCA) No. 3 of 2010;
  • The Electronic and Postal Communications (Consumer Protection) Regulations;
  • The Personal Data Protection Act No. 11 of 2022;
  • Any other directives, guidelines, or notices issued by TCRA from time to time.

5.2 International Messaging

It is strictly prohibited to send international messages on behalf of companies that are not legally registered in Tanzania. The use of unauthorised routes or improper gateways may result in message blocking by the recipient's telecom providers and may lead to legal penalties. All international messaging activities must be disclosed to NextSMS in advance and are subject to review and approval.

5.3 Data Protection

You must comply with the Personal Data Protection Act No. 11 of 2022 of Tanzania and any applicable data protection laws in your jurisdiction. This includes ensuring that you have a lawful basis for processing Recipients' personal data and that you handle such data responsibly and securely.

6. Service Access

The Customer shall access their provided account through the Bulk SMS Service website, mobile applications, or pre-assigned servers in order to use the Bulk SMS Service after activation. Access is authenticated by username and password at all times.

7. Acceptable Use Policy

7.1 Permitted Use

The Platform may be used only for lawful business communications, including:

  • Transactional messages (order confirmations, receipts, OTPs, alerts);
  • Promotional campaigns to opted-in subscribers;
  • Informational and service updates;
  • Customer engagement and support messages;
  • Internal staff communications.

7.2 Messaging Hours and Volume

The Customer may send Bulk SMS Messages at any time within a day. Unless expressly agreed otherwise with the Recipient, the Customer may send an unlimited number of Bulk SMS Messages per day. However, this must not be used in a manner that constitutes harassment or spam as defined under applicable law and TCRA regulations.

7.3 Recipient Consent

The Customer shall generate and provide the list of Recipients' numbers. The Customer agrees that Bulk SMS Messages shall only be sent to Recipients who have consented to receipt of the Bulk SMS Service. The Customer agrees to keep records of such Consents and agrees to provide copies of such records to NextSMS upon request.

7.4 Opt-Out Compliance

The Customer is not permitted to send Bulk SMS Messages to recipients who have made clear that they do not wish to receive Bulk SMS Messages or advertisements via SMS. The Customer understands that recipients shall have the right to opt-out of the Bulk SMS Service at any time, and agrees that NextSMS shall not be liable to compensate the Customer for any loss of opportunity as a result of such opt-outs.

7.5 Sender Identification

The Customer shall specify its identity and contact details in each Bulk SMS Message, including but not limited to the sender identifier. Messages must not misrepresent the sender's identity in any way.

7.6 Prohibited Content

The Customer will not use the Bulk SMS Service:

  • In a way which does not comply with the terms of any laws or any licence applicable to the Customer, or that is in any way unlawful or fraudulent or, to the Customer's knowledge, has any unlawful or fraudulent purpose or effect, or which infringes or may potentially infringe the rights (including intellectual property rights) of NextSMS or any third party;
  • To knowingly upload, download, use, or reuse material which is abusive, offensive, indecent, defamatory, obscene, or menacing, or in breach of copyright, confidence, privacy, or any other rights, or which is liable to incite racial disharmony or hatred, or which comprises a virus or other code liable to cause loss or damage;
  • To promote or facilitate illegal activities, including unlicensed gambling, drug use, human trafficking, or financial fraud;
  • To spread false information, misinformation, or political propaganda;
  • To send phishing links, malware, or any content designed to deceive or harm Recipients;
  • In a way that in NextSMS's reasonable opinion could have a materially detrimental effect on NextSMS's business, reputation, or the Bulk SMS Service.

7.7 Spam Prohibition

Sending unsolicited bulk messages (spam) is strictly prohibited. You must ensure that every Recipient has explicitly consented to receive messages from you before sending any promotional or marketing content.

7.8 General Prohibition on Improper Use

The Customer agrees not to use the Bulk SMS Service improperly or in a way that violates the law. NextSMS shall have the right to enforce proper legal obligations, including by suspending the Bulk SMS Service without notice if the Customer is in breach of them.

8. Credits, Payments and Refunds

8.1 Prepaid Credits

The Platform operates on a prepaid credit system. You must purchase credits before sending messages. Credits are non-transferable between accounts and have no cash value unless otherwise stated in writing by NextSMS.

8.2 Pricing

Current pricing for all message types is published on our Pricing Page. NextSMS reserves the right to adjust pricing with reasonable notice. Continued use of the Platform after a price change constitutes acceptance of the new pricing.

8.3 No Refunds for Sent Messages

Credits consumed for messages that have been successfully submitted to the network cannot be refunded, regardless of whether the message was delivered to the intended Recipient, as delivery is subject to network availability beyond our control.

8.4 Refund of Unspent Credits

Requests for refund of unspent credits may be considered at NextSMS's sole discretion, subject to a written request submitted to support@nextsms.co.tz. Processing fees may apply. Credits that have been unused for more than 12 months may expire without refund.

8.5 Taxes

All prices are exclusive of applicable taxes including Value Added Tax (VAT) at the prevailing rate in Tanzania, unless expressly stated otherwise. You are responsible for any taxes applicable to your use of the Platform in your jurisdiction.

9. Service Availability

9.1 Uptime

NextSMS endeavours to provide continuous, uninterrupted access to the Platform. However, we do not guarantee 100% uptime. The Platform may be unavailable due to scheduled maintenance, network issues, force majeure events, or circumstances beyond our control.

9.2 Message Delivery

Message delivery depends on the receiving mobile network operators and is not guaranteed. NextSMS is not responsible for messages that are delayed, undelivered, or rejected by the Recipient's network. Delivery reports are indicative only and subject to network reporting accuracy.

9.3 Maintenance

Scheduled maintenance will be communicated in advance where possible. Emergency maintenance may be performed without notice. NextSMS shall not be liable for any loss of credits or data arising from planned or emergency maintenance windows.

10. API Usage

Access to the NextSMS API is subject to these Terms and any additional developer documentation published on the Platform. You must not:

  • Share your API credentials with unauthorised parties;
  • Use the API to send messages that violate these Terms;
  • Attempt to reverse-engineer, overload, or disrupt the API;
  • Exceed rate limits as specified in the developer documentation.

NextSMS reserves the right to throttle, suspend, or revoke API access at any time where misuse is detected or suspected.

11. Intellectual Property

All content on the Platform, including but not limited to the software, design, logos, trademarks, text, and documentation, is the exclusive property of NextByte ICT Solutions Co. Ltd or its licensors and is protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to use the Platform solely for its intended purpose. You must not copy, reproduce, modify, distribute, or create derivative works from any part of the Platform without prior written consent from NextSMS.

You retain ownership of the content of messages you send through the Platform. By using the Platform, you grant NextSMS a limited licence to process and transmit your message content solely for the purpose of delivering the Service.

12. Privacy and Data Protection

NextSMS is committed to protecting your privacy and the privacy of your Recipients. Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms.

As a Customer, you act as a data controller for the personal data of your Recipients. NextSMS acts as a data processor on your behalf. You are responsible for ensuring you have the appropriate legal basis for sharing Recipient data with NextSMS for the purpose of message delivery.

NextSMS will not sell, rent, or share your data or your Recipients' data with third parties for marketing purposes. Data may be shared with network operators as necessary for message delivery, and with regulatory authorities as required by law.

13. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed in connection with the use of the Platform. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or regulatory order.

14. Suspension and Termination

14.1 Suspension by NextSMS

NextSMS may suspend or restrict your access to the Platform immediately and without prior notice if:

  • You breach any provision of these Terms;
  • A network operator, TCRA, or other authority raises a complaint against your account;
  • We suspect fraudulent, abusive, or illegal activity;
  • Your account is used to send spam or prohibited content;
  • Your account poses a risk to the Platform, other customers, or the public.

14.2 Termination by Customer

You may terminate your account at any time by submitting a written request to support@nextsms.co.tz. Upon termination, your remaining credits may be forfeited unless a refund is approved under clause 8.4.

14.3 Effect of Termination

Upon termination, your access to the Platform will cease. NextSMS may retain your account data for a period required by law or for legitimate business purposes, after which it will be securely deleted in accordance with our Privacy Policy.

15. Limitation of Liability

To the fullest extent permitted by applicable law, NextSMS, its directors, employees, agents, and partners shall not be liable for:

  • Any indirect, incidental, special, or consequential loss or damage;
  • Loss of profits, revenue, data, or business opportunity;
  • Loss of opportunity arising from Recipients exercising their right to opt-out of the Bulk SMS Service;
  • Damages arising from undelivered or delayed messages;
  • Damages arising from unauthorised access to your account;
  • Message blocking by telecom providers resulting from use of unauthorised routes or improper gateways;
  • Any legal penalties imposed on the Customer for violating applicable regulations;
  • Any action taken by TCRA or network operators against your account;
  • Losses arising from force majeure events including natural disasters, power outages, network failures, or government actions.

Where liability cannot be excluded by law, our total aggregate liability to you for any claim arising out of or in connection with these Terms shall not exceed the value of credits purchased by you in the three (3) months preceding the event giving rise to the claim.

16. Indemnification

You agree to indemnify, defend, and hold harmless NextByte ICT Solutions Co. Ltd and its directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, fines, penalties, and expenses (including legal fees) arising from:

  • Your use of the Platform in breach of these Terms;
  • Any message content you send through the Platform;
  • Your violation of any applicable law, including TCRA regulations and data protection laws;
  • Any claim by a Recipient arising from messages sent by you;
  • Your use of unauthorised routes or improper gateways;
  • Any infringement of third-party rights by your content or activities.

17. Amendments to These Terms

NextSMS reserves the right to update or modify these Terms at any time. Changes will be published on this page with an updated effective date. Where changes are material, we will endeavour to notify you by email or in-platform notification with reasonable advance notice.

Your continued use of the Platform after the effective date of any amendments constitutes your acceptance of the revised Terms. If you do not accept the changes, you must stop using the Platform and notify us in writing.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United Republic of Tanzania.

In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the matter amicably through good-faith negotiation within thirty (30) days of written notice of the dispute.

If the dispute cannot be resolved amicably, it shall be submitted to the exclusive jurisdiction of the courts of Dar es Salaam, Tanzania. Either party may also refer a dispute to the Tanzania Communications Regulatory Authority (TCRA) for mediation where the dispute relates to telecommunications services.

19. Force Majeure

NextSMS shall not be in breach of these Terms nor liable for any delay or failure to perform its obligations where such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, government actions, power failures, internet or network outages, or actions of network operators or telecom providers.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other policies published on the Platform, constitute the entire agreement between you and NextSMS in relation to your use of the Service, and supersede all prior communications, representations, and agreements.

21. Contact Us

If you have any questions, concerns, or complaints regarding these Terms, please contact us:

NextByte ICT Solutions Co. Ltd
Victoria House, Regent Estate, Plot. No. 37, Bagamoyo Road, Sixth Floor, Wing C, Kinondoni, Dar es Salaam
Dar es Salaam, Tanzania

Phone: +255 745 680 053 | +255 787 275 482 | +255 713 366 303
Email: support@nextsms.co.tz
Website: nextsms.co.tz

Last updated: June 2026