TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE. BY USING THE SERVICE OR CLICKING 'AGREE' CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF CUSTOMER IS AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF ITS EMPLOYER, THEN CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON ITS EMPLOYER'S BEHALF.
This agreement is between Ainextbill Technology Private Limited (referred to here as 'NEXTBILL'), and the customer agreeing to these terms (Customer).
1. SOFTWARE-AS-A-SERVICE:
This agreement provides customer the access to and usage of an Internet based software service, which would be chargeable per payment transaction and / or a fixed monthly fee for the services used by the customer.
2. USE OF SERVICE:
a. Customer Owned Data
All data and logos uploaded by Customer remains the property of Customer. Customer grants Nextbill the right to use, publicly display and distribute the Customer Data for purposes of performing under this agreement.
b. Contractor / Sub-User Access and Usage
Customer may allow its contractors to access the Service in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. Customer is responsible for the compliance with this agreement by its contractors and sub-users.
3. CUSTOMER RESPONSIBILITIES:
a. General Responsibilities
Customer must keep its passwords secure and confidential; is solely responsible for Customer Data and all activity in its account in the Service; must use commercially reasonable efforts to prevent unauthorized access to its account; and may notify NEXTBILL promptly of any such unauthorized access.
b. Prohibited Practices
Customer will not use deceptive, illegal, misleading or unethical practice using NEXTBILL platform or linked services with regards to the products and services.
c. Compliance Assurance
The customer assures and guarantees to NEXTBILL that his entity is acting in compliance with and shall at all-time act in compliance with all laws, rules and regulations, notification, and guidelines set by the local regulatory bodies and Central Bank of the country of domicile.
d. Indemnification
The Customer further confirms, undertakes and assures that in the event of violation of any of the laws and standards of the country of domicile or operations, any penalty or charge imposed by the regulators on NEXTBILL due to the act of the customer, the Customer shall upon receipt of the claim from NEXTBILL undertake forthwith without any demur, protest, dispute or delay, to pay to NEXTBILL the amount of the penalty/fine imposed by the regulators on NEXTBILL.
4. TECHNICAL SUPPORT:
NEXTBILL must provide customer support for the Service under the terms of NEXTBILL Customer Support Policy (Support), and is incorporated into this agreement for all purposes.
5. API:
a. Access and Usage
NEXTBILL provides access to its application-programming interface (API) as part of the Service for no additional fee. Subject to the other terms of this agreement, NEXTBILL grants Customer a non-exclusive, non-transferable, terminable license to interact with the API only for purposes of the Service as allowed by the API.
b. Compliance and Changes
Customer may not use the API in a manner that fails to comply with the API technical documentation or with any part of the API. If any of these occur, NEXTBILL can suspend or terminate Customer's access to the API on a temporary or permanent basis.
c. API Availability
The API is provided on an 'AS IS' and 'WHEN AVAILABLE' basis. NEXTBILL has no liability to Customer as a result of any change, temporary unavailability, suspension, or termination of access to the API.
6. PUBLICITY:
Each Customer is permitted to state publicly that such Customer is a Customer of the service. Each Customer agrees that NEXTBILL may include such Customer's name and trademarks in a list of NEXTBILL customers, online or in promotional materials.
7. DISCLAIMER:
NEXTBILL disclaims all warranties, including, without limitation, the implied warranties of merchantability, title and fitness for a particular purpose.
8. PAYMENT:
a. Payment Responsibilities
Customer must pay all types of fees as specified on the company website pricing page or on the order, but if not specified, then within 30 days of receipt of an invoice.
b. Payment Methods
The Customer shall carry out payment of the total amount set out in the Subscription Plan using one of the following payment methods: Credit Card, Debit Cards, Wallets, UPI, Net Banking.
c. Transaction Charges
In case customer chooses to bear the service or transaction or convenience charges, NEXTBILL reserves the right to deduct the transactional charge prior to the settlement to the customer.
9. MUTUAL CONFIDENTIALITY:
a. Definition of Confidential Information
Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient).
b. Protection of Confidential Information
The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement.
10. PROPRIETARY PROPERTY:
a. Reservation of Rights
The software, workflow processes, user interface, designs, know-how, and other technologies provided by NEXTBILL as part of the Service are the proprietary property of NEXTBILL.
b. Restrictions
Customer may not sell, resell, rent or lease the Service or use it in a service provider capacity.
11. TERM AND TERMINATION:
a. Term
This agreement continues until all orders have terminated.
b. Mutual Termination for Material Breach
If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.
12. LIABILITY LIMIT:
a. Exclusion of Indirect Damages
NEXTBILL is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement.
b. Total Limit on Liability
NEXTBILL is not liable towards any customer for any service used from the software.
13. INDEMNITY:
If any third-party brings a claim against NEXTBILL, Customer must defend, indemnify and hold NEXTBILL harmless from all damages, losses, and expenses related to such claim.
14. GOVERNING LAW AND FORUM:
This agreement is governed by the Indian laws for any dispute between the parties or relating in any way to the subject matter of this agreement.
15. OTHER TERMS:
a. Entire Agreement and Changes
This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements.
b. No Assignment
Neither party may assign or transfer this agreement or an order to a third party.
16. UPDATES:
NEXTBILL reserves the right to modify this privacy statement at any time.
17. CONTACT:
Feel like getting in touch? Email us at support@nextbill.io
