SERVICE OBLIGATION
1. Prompt Service: Nexan Digital Marketing Solution will use reasonable endeavors to ensure a prompt and continuing service but will not be liable for any loss of data resulting from delays, non-deliveries, or service interruptions caused by circumstances beyond the direct control of Nexan Digital Marketing Solution or by errors or omissions of the Customer. We specifically exclude any condition of warranty as to the accuracy of third-party information received through the Service.
2. Limitation of Liability: We will not be held liable for indirect, economic, or consequential losses. Our liability in contract or connection with the supply of the Service shall be limited.
3. Termination: Breach of Terms and Conditions by customers shall result in the termination of Service with no entitlement to a refund.
CONTRACT OF SERVICE
1. Contract Period: The contract period shall be for the whole term of fees paid by the Customer from the date of payment until the date of completion of service requested.
2. Suspension or Termination: Nexan Digital Marketing Solution may elect to suspend or terminate the Service immediately on any default of payment by the Customer.
3. Server Failure: We can’t be held responsible for server failure as it’s beyond our control and we do not own the server. We are just monitoring the server which is rented from the third party for the amount paid by you for the server and its monitoring.
4. Contractor’s Liability: Contractor’s liability is limited to the development of the website and there is no direct or indirect connection between any other processes running or may run in the future on the website or server.
IMPROPER USE AND LIABILITIES
1. Lawful Use: The Customer shall acknowledge that he/she will only use the Service for lawful purposes. The Customer shall not use the Service to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, and defamatory, in breach of confidence, in breach of any intellectual property (including any trademark or Copyright).
2. Indemnification: The Customer hereby indemnifies Nexan Digital Marketing Solution or its concerns against any action taken by a third party resulting from the Customer’s use of the Service.
3. Notification of Third-Party Actions: The Customer shall notify Nexan Digital Marketing Solution of any action taken against them by a third party and will not hold Nexan Digital Marketing Solution liable for any resulting costs.
4. Control Over Content: The Customer acknowledges that Nexan Digital Marketing Solution cannot exercise control over the content of information passed across the Internet and via the Service.
5. Responsibility: Nexan Digital Marketing Solution is only liable to create the website and features requested by the customer, any improper use of the website or its features will be the sole responsibility of the customer itself. The contractor may not be held responsible in any matter.
6. Conformance to Policies: The Customer agrees to conform to the acceptable policies of connecting to other Networks or computers across the Internet.
SERVICE AGREEMENT
The Customer has the right to withdraw from or cancel their Service Agreement with Nexan Digital Marketing Solution within the first 72 hours of any new agreement in writing via email or recorded post only.
GENERAL TERMS AND LAW
1. Jurisdiction: This Agreement is governed by the laws of India, and you consent to the exclusive jurisdiction and venue of the Ujjain Court in all disputes arising out of or relating to your use of Nexan Digital Marketing Solution.
2. Relationship: You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Nexan Digital Marketing Solution as a result of your website development through Nexan Digital Marketing Solution. You agree not to hold yourself out as a representative, agent, or employee of Nexan Digital Marketing Solution. You agree that Nexan Digital Marketing Solution will not be liable by reason of any representation, act, or omission by you.
WEBSITE UPDATES TERMS
As part of the agreement, the Client can request paid alterations to the site whenever required. Any additional changes performed by Nexan Digital Marketing Solution will be charged a certain amount. Nexan Digital Marketing Solution will make every effort to have your updated information online within 7 business days.
You must acknowledge that once the website is live, you become liable to pay the sum of [as decided in the mutual agreement] per month as hosting & maintenance charges if you choose to host on our server, which is subject to change with prior 1-month notice, this notice may be oral or written as suitable by both parties. This monthly charge would be applicable after the free technical support months provided to you by Nexan Digital Marketing Solution.
WEBSITE CREATION TERMS
On every website Nexan Digital Marketing Solution creates, there will be branding and/or a link back to https://nexanits.com placed in the footer of the website unless otherwise agreed to between you and Nexan Digital Marketing Solution. You must not request to remove Nexan Digital Marketing Solution branding and/or a link back to https://nexanits.com from your website unless agreed with by Nexan Digital Marketing Solution.
MATERIAL
All material supplied by the customer shall remain the customer’s property. Nexan Digital Marketing Solution rightfully believes that this material belongs to the customer and that it does not breach any laws. Under no circumstances shall Nexan Digital Marketing Solution be held responsible for any claims, damages, and loss of profit or reputation caused to the client due to the use of material provided by the customer.
3RD PARTY ADD-ONS/SERVICES/APPLICATIONS
All third-party costs arising from the registration of a domain name/purchase of third-party utilities/services shall be met by the Customer and are payable to Nexan Digital Marketing Solution before a formal application for registration is made. Examples of 3rd party fees are as under:
PAYMENT TERMS
We have scheduled the payment terms as below, We generally follow the below 2 payment terms.
REFUND POLICY
Refunds are at the discretion of the management and will only be done if our team fails to execute the given tasks. If you change your mind within 48 hours after placing the order, Our team may consider it as well and initiate a refund.
TIME POLICY
We make all possible efforts to deliver everything on time. But we would not be responsible for any kind of delays arising due to delays at the Customer end or any miscommunications. The Customer will need to communicate with our team properly and regularly at the time of development. Also, the Customer must acknowledge that initial development is different and updates/changes suggested by him are different and these updates and changes do not cover the TIME POLICY committed at the time of project initiation.
POLICY UPDATES
Nexan Digital Marketing Solution reserves the right to change or update all of these terms without prior notice.
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