Terms & Conditions
Contact Information and Communication
All communication from Nixserv IT Solutions Private Limited to you, including invoices, will be via email or our online helpdesk. You will be responsible for providing a contact email address to be used for this communication. It is your responsibility to notify us of any changes to this contact email address.
All Technical support will be provided via our online support or email. Support is only provided in relation to the Products and Services that were purchased from us by the client.
No refunds will be paid once products or services are paid, unless if we do not accept your order.
Nixserv IT Solutions Private Limited strives to offer all its clients a reliable and excellent level of service. If you have any queries we would like to hear these. Please e-mail us at firstname.lastname@example.org or via Live Chat at the Site.
In these conditions, unless the context requires otherwise, the following words shall have the following meanings:
“Client” or “you” means the person, firm or company that has purchased any Products or Services from us;
“Conditions” means the standard terms and conditions of sale set out herein;
“Contract” means any contract for the provision of the Products and Services;
“IPRs” means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill;
“Nixserv IT Solutions Private Limited” or “we” means Nixserv IT Solutions Private Limited;
“Netiquette” means generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited e-mail, mail bombing, misrepresenting that you have third party authorisation and impersonating another person;
“Services” means any services supplied or to be supplied by Nixserv IT Solutions Private Limited as described in the website of Nixserv IT Solutions Private Limited or as may be agreed from time to time.
Acceptance of Terms
The Conditions set out the only terms on which Nixserv IT Solutions Private Limited is prepared to provide you with the Services. The Conditions shall apply to all Contracts and by using the Services you accept this. All other terms and conditions (other than those which are agreed in writing between us) are excluded to the fullest extent permitted by law. Nixserv IT Solutions Private Limited reserves the right to review and revise the Conditions from time to time without prior notice and, by using the Services subsequent to any revision of these Conditions, you agree to be bound by such changes. Please review the following link on a regular basis for changes at https://nixservit.com/servicesterms
We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms
The Services shall be as described in the Site and such other product and material as Nixserv IT Solutions Private Limited provides to you from time to time. We reserve the right at any time and from time to time to amend, improve, correct, discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice and you agree that Nixserv IT Solutions Private Limited shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
Nixserv IT Solutions Private Limited shall use its reasonable endeavours to ensure that the Servers and the data contained therein are safeguarded from damage, accident, fire, theft and unauthorised use.
The current price payable for the Services shall be published on the Site from time to time and confirmed at the time you purchase any of the Services. The price is non-refundable. Nixserv IT Solutions Private Limited shall be entitled to vary its prices from time to time however we shall give you at least one month’s notice of such increase and if you are not satisfied with such increase then you will be entitled to terminate the Contract by giving us written notice within one month of the date of the variation notice failing which you shall be deemed to have agreed to the variation.
The price and all other amounts due under the Contract (payment due for every month) shall be paid by the Client by the due date and in the currency as specified in Nixserv IT Solutions Private Limited’s invoice. Payment shall only be deemed received by Nixserv IT Solutions Private Limited upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any goods.
It is of the essence of the Contract that the Contract price and all other amounts due from the Client under the Contract are paid on time. You shall be responsible for any and all expenses incurred by Nixserv IT Solutions Private Limited in recovering overdue amounts.
Failure to settle all amounts on the due date may result in withholding of further Services and/or suspension of existing Services.
The Client agrees to fully indemnify and keep Nixserv IT Solutions Private Limited, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from your breach of the Contract, your use or misuse of the Services, any claims by third parties arising in any way by the Client infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights).
To the fullest extent permitted by law, the Site and its contents is provided by Nixserv IT Solutions Private Limited on an “as is” and “as available” basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, Nixserv IT Solutions Private Limited does not represent or warrant that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) any results obtained from using the Services will be accurate, complete or current.
You acknowledge that the allocation of risk in this contract reflects the price paid for the Services and that it is not within the control of Nixserv IT Solutions Private Limited how or for what purposes the Services are used. If any exclusion in this license is held to be invalid and Nixserv IT Solutions Private Limited becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Services.
Nixserv IT Solutions Private Limited shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
Nixserv IT Solutions Private Limited is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied. Nixserv IT Solutions Private Limited reserves the right to raise additional charges for any work so arising.
Neither Nixserv IT Solutions Private Limited nor anyone else who has been involved in the creation, production or supply of the Services shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Contract or the Services for any:
(i) economic loss of any kind whatsoever, or
(ii) loss of profit, business contracts, revenues or anticipated savings, or
(iii) damage to the Client’s reputation or goodwill, or
(iv) loss resulting from any claim made by any third party, or
(v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify Nixserv IT Solutions Private Limited from and against any claim which may be made against Nixserv IT Solutions Private Limited in respect thereof.
If Nixserv IT Solutions Private Limited is prevented or delayed in or from performing any of its obligations under the Conditions or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency Nixserv IT Solutions Private Limited shall not be liable for this.
All confidential information of either party or of any of its customers disclosed to or discovered by the other as a result of the provision of the Services shall be regarded as disclosed in confidence and shall only be used in connection with the performance of its obligations under the Contract and not be passed on to third party and/or in any way be made use of at any time either during or after the termination of the Contract save with consent of the other or which comes into the public domain (otherwise than through the unauthorised disclosure by the other).
The Client shall promptly notify Nixserv IT Solutions Private Limited if it becomes aware of a breach of confidence in relation to the Services and/or the Contract and shall give Nixserv IT Solutions Private Limited all reasonable assistance in connection with any proceedings Nixserv IT Solutions Private Limited may institute against a third party.
Nixserv IT Solutions Private Limited shall not be liable for any breach in confidentiality of the information and data that may be designed, coded, stored by third party software vendors and third party service providers whose softwares or services may be used by Nixserv IT Solutions Private Limited.
The information you provide to us will be stored on the computer. We are committed to protecting your privacy. We and any of our associated companies may use the information you provide us to provide the service for which you have contracted with us. We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these Conditions.
We will not monitor, edit or disclose the contents of any private communications transmitted via the computers unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of Nixserv IT Solutions Private Limited or to protect the personal safety of any of our clients or the public.
Termination / Cancellation
The Contract may be terminated:i) immediately by Nixserv IT Solutions Private Limited if the Client fails to pay any sums due hereunder within 14 days of their due date;
ii) immediately by either party to the other if the other commits any material breach of any these conditions and which (in the case of a breach capable of being remedied) has not been remedied within a reasonable time period as may be specified in a formal request in writing or by electronic e-mail to remedy the same;
iii) immediately by written notice from Nixserv IT Solutions Private Limited if the Client commits any material breach of any these conditions which may impact the Services or Servers of Nixserv IT Solutions Private Limited or the ability of Nixserv IT Solutions Private Limited to provide the services;
In the event that Nixserv IT Solutions Private Limited is entitled to terminate the Contract for any reason then it shall in the alternative at its sole discretion be entitled to suspend the Services for such period as Nixserv IT Solutions Private Limited shall determine.
Upon termination or expiry of the Contract all amounts payable by the Client to Nixserv IT Solutions Private Limited shall become immediately due and Nixserv IT Solutions Private Limited shall be entitled to immediately cease the provision of the Services.
The Site may contain references or cross references to services that are not available in every country. We do not represent that all Services and content, materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Your access to the content, materials and services on the Site from such locations is at your own initiative and we are not responsible for your compliance with local laws or other applicable laws. You will not access the foregoing if prohibited by law.
Any translation of these Conditions into a language other than English is for the convenience of the Client only and it is agreed that the English language version of these Conditions at our website shall be relied on by the parties and shall prevail in the event of any differences.
Any services purchased from Nixserv IT Solutions Private Limited shall be used only for the activities that are allowed as legal and shall not be used for any illegal or prohibited activity by the client or by any one acting on behalf of the client.
Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.
Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery at or sending by first class post or by E-mail to the last known postal, E-mail address or relevant telecommunications number of the other party. Notices shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was dispatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee.
Any termination of this Agreement shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not affect any previous rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into continue in force upon or after such termination.
If any provision of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.
Your use of our Services and the Contract thereof will be governed by Indian Law and will be deemed to have occurred and been made in India. If you have any disputes with us or any other aspect of the Site and Services then these will be exclusively resolved in the Indian Courts.
The Client shall not share, re-sell or attempt to share or re-sell the Services, transfer or attempt to transfer this Contract or permit any third party to use and/or access any of the Services for any purpose without prior consent of Nixserv IT Solutions Private Limited.