Terms of Service
LJK Marketing Agency · Nairobi, Kenya · Last Updated: August 31, 2026
1. Acceptance of Terms & Service Scope
These Terms of Service (“Terms”) constitute a legally binding agreement between you (whether personally or on behalf of an enterprise, business, school, or organization, hereinafter referred to as “Client”, “User”, or “You”) and LJK Marketing Agency (“LJK”, “Company”, “We”, “Us”, or “Our”), located in Nairobi, Kenya.
By creating an account, accessing our dashboard, integrating via our APIs/SMPP protocols, or purchasing SMS/Email credit bundles on https://www.ljkmarketingagency.co.ke, you explicitly agree to comply with and be bound by these Terms and all applicable laws and regulations of the Republic of Kenya.
2. Custom Alphanumeric Sender ID Registration & Total Disclaimer of Liability
Please read this section carefully before applying for or utilizing branded Alphanumeric Sender IDs:
- Regulatory & Carrier Authority: Custom Alphanumeric Sender IDs (e.g. brand names up to 11 characters) are subject to mandatory regulatory oversight, vetting, and approval by the Communications Authority of Kenya (CAK), individual Mobile Network Operators (including Safaricom PLC and Airtel Kenya), and authorized telecom gateway aggregators.
- Zero Liability for Delays, Rejections, or Revocations: LJK Marketing Agency acts strictly as a technical intermediary and processing agent. LJK Marketing Agency shall bear NO LIABILITY whatsoever for any delays, rejections, suspensions, blacklisting, or revocations of a Sender ID by telecom regulators, mobile network operators, or government bodies for any reason.
- Non-Refundable Vetting Fees: All administrative, verification, and vetting fees paid toward Sender ID applications are strictly non-refundable regardless of the approval outcome.
- Trademark & Brand Ownership: The Client warrants that they possess valid legal rights, trademark authorization, or legitimate business registration documents for any requested Sender ID. Impersonation, financial deception, and unauthorized use of protected brand names are strictly prohibited and will result in immediate permanent account termination.
3. Anti-Spam Policy, Mandatory Opt-In Consent & Carrier Blocking
LJK Marketing Agency enforces a zero-tolerance policy against unsolicited commercial communications (“Spam”), fraudulent messaging, and unauthorized contact scraping:
- Client as Sole Data Controller: Under the Kenya Data Protection Act 2019 and CAK Consumer Protection Guidelines, the Client acts as the sole Data Controller and warrants that every recipient on their contact list has provided verifiable, explicit opt-in consent to receive messages.
- Opt-Out Mechanism: All promotional broadcasts must contain a clear, functional opt-out instruction (e.g. “Stop*456*9*5#” or a clear unsubscribe link).
- Carrier Blacklisting & Blocking Disclaimer: If a Client dispatches spam, misleading content, unlicensed betting/crypto promotions, or aggressive messaging that triggers carrier spam filters, recipient handset reports, or operator network suspensions, LJK Marketing Agency holds ZERO LIABILITY for blocked messages, undelivered queues, or suspended telecom routes.
- Immediate Account Termination: LJK reserves the unconditional right to immediately suspend or permanently terminate any client account found in violation of anti-spam rules without prior notice or refund of remaining wallet balances.
4. Client Indemnification of LJK Marketing Agency
To the fullest extent permitted by Kenyan law, the Client agrees to defend, indemnify, and hold harmless LJK Marketing Agency, its directors, owners, engineers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, regulatory fines, and legal fees arising out of or related to:
- Any campaign content, text copy, attachments, or links transmitted by the Client;
- Violations of the Kenya Data Protection Act 2019 or lack of recipient opt-in consent;
- Fines or enforcement penalties imposed by the Office of the Data Protection Commissioner (ODPC) or the Communications Authority of Kenya (CAK);
- Infringement of third-party intellectual property, trademark, or privacy rights;
- Breach of any warranty or representation contained in these Terms.
5. Telecom Routes, Latency & Service Availability
LJK connects directly to Tier-1 telecom routes and reputable cloud messaging infrastructure. While we maintain high platform availability:
- Delivery speeds and handset receipt depend on mobile carrier availability, recipient roaming status, device storage, and telecom maintenance windows.
- LJK does not guarantee 100% receipt for handsets that are turned off, out of network coverage, or flagged as invalid by carrier routing tables.
- LJK reserves the right to perform scheduled system maintenance with reasonable advance notice.
6. Commercial Terms, M-PESA Billing & Non-Refundability
- Prepaid Credit Wallet: SMS and Email units purchased via M-PESA STK push, card, or bank transfer are credited to your active wallet balance.
- Non-Expiring Units: Purchased prepaid units do not expire as long as the account remains active and in good standing.
- Non-Refundable Purchases: All credit purchases, subscription bundles, and setup fees are strictly non-refundable once provisioned to your account ledger.
7. Governing Law & Dispute Resolution
These Terms shall be governed by, interpreted, and construed in accordance with the laws of the Republic of Kenya. Any legal action, suit, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the competent courts located in Nairobi, Kenya.
8. Legal & Compliance Contact
For compliance inquiries, regulatory disclosures, or legal notices, please reach out directly: