Terms and Conditions

Effective Date: 21, Aug 2024

These Terms and Conditions (“Terms”) govern your access to and use of the services provided by Nikoq Technology Pvt. Ltd. (“we,” “us,” “our,” or “Nikoq Technology”). By using our website, products, and services (collectively, “Services”), you agree to comply with and be bound by these Terms. Please read these Terms carefully before accessing or using our Services. If you do not agree with any part of these Terms, you should not access or use our Services.

1. Introduction

Nikoq Technology is a leading provider of IT services, including software development, system integration, technical support, and consulting services. These Terms apply to all users of our Services, including visitors to our website, clients, and any other individuals or entities accessing our offerings. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference.

2. Eligibility

By using our Services, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and have the legal capacity to enter into these Terms. If you are using our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Services Provided

Nikoq Technology offers a wide range of IT services, including but not limited to:

Software Development: Custom software solutions, mobile app development, web development, and enterprise software integration.
System Integration: Integrating various IT systems and platforms to work seamlessly together.
Technical Support: Providing technical assistance, troubleshooting, and maintenance services for IT infrastructure.
Consulting Services: Offering strategic IT consulting, project management, and business process optimization.

The specific terms of each service provided by Nikoq Technology may be outlined in a separate service agreement or statement of work (“SOW”) between you and Nikoq Technology. These Terms apply generally to all Services provided by us, and any specific service agreement or SOW will be subject to these Terms.

4. User Responsibilities

When using our Services, you agree to the following responsibilities:

a. Account Information

Accuracy: You agree to provide accurate, current, and complete information when creating an account or entering into a service agreement with us. You are responsible for maintaining the accuracy of your account information.
Security: You are responsible for maintaining the confidentiality of your account login credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

b. Use of Services

Compliance: You agree to use our Services in compliance with all applicable laws, regulations, and these Terms.
Prohibited Activities: You agree not to engage in any activity that is harmful, illegal, or infringes on the rights of others. This includes, but is not limited to, the following:
Attempting to gain unauthorized access to our systems, servers, or networks.
Interfering with or disrupting the functionality of our Services.
Engaging in fraudulent, deceptive, or malicious activities.
Using our Services to transmit or distribute viruses, malware, or other harmful code.
Content Restrictions: You agree not to upload, post, or transmit any content that is unlawful, offensive, defamatory, or violates the intellectual property rights of others.

c. Cooperation

You agree to cooperate with us in the performance of our Services, including providing necessary information, access to systems, and timely feedback. Your failure to cooperate may result in delays, additional costs, or the inability to provide the Services.

5. Fees and Payment

a. Service Fees

The fees for our Services will be outlined in a separate service agreement or SOW between you and Nikoq Technology. You agree to pay all fees in accordance with the payment terms specified in the service agreement or SOW.

b. Invoicing and Payment Terms

Invoicing: We will invoice you for the Services provided in accordance with the payment schedule outlined in the service agreement or SOW.
Payment Terms: Payments are due within the timeframe specified in the invoice, typically within 30 days of the invoice date, unless otherwise agreed upon in writing.
Late Payments: If you fail to make a payment by the due date, we may charge a late fee or interest on the outstanding amount at the maximum rate allowed by law. We may also suspend or terminate your access to the Services until the outstanding balance is paid in full.

c. Taxes

You are responsible for all applicable taxes, duties, and other governmental charges, including sales tax, value-added tax (VAT), and similar taxes, arising from the purchase of our Services. If we are required to collect taxes on your behalf, the amount will be included in your invoice.

d. Refunds

Unless otherwise specified in a service agreement or SOW, all fees paid to Nikoq Technology are non-refundable. We may, at our sole discretion, issue refunds or credits in certain circumstances, such as service interruptions or errors on our part.

6. Intellectual Property

a. Ownership

Nikoq Technology and its licensors retain all rights, title, and interest in and to the intellectual property associated with our Services, including but not limited to software, designs, trademarks, logos, and content (collectively, “Intellectual Property”). You do not acquire any ownership rights in the Intellectual Property by using our Services.

b. License to Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services solely for your internal business purposes, subject to these Terms. This license does not include any rights to:

Modify, reproduce, distribute, or create derivative works based on our Intellectual Property.
Reverse engineer, decompile, or disassemble any part of our software or Services.
Use our trademarks, logos, or other branding without our prior written consent.

c. Feedback

If you provide feedback, suggestions, or ideas about our Services (“Feedback”), you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use, modify, and incorporate the Feedback into our Services or products without any obligation to compensate you.

7. Confidentiality

a. Definition of Confidential Information

“Confidential Information” means any non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) in connection with the Services, including but not limited to business plans, financial data, technical specifications, software, customer information, and proprietary processes.

b. Obligations

The Receiving Party agrees to:

Use Restrictions: Use the Confidential Information solely for the purpose of performing the Services and not for any other purpose.
Non-Disclosure: Not disclose the Confidential Information to any third party without the prior written consent of the Disclosing Party.
Protection: Take reasonable measures to protect the confidentiality of the Confidential Information, including implementing security measures and restricting access to authorized personnel.

c. Exceptions

The obligations of confidentiality do not apply to information that:

Is or becomes publicly available without breach of these Terms.
Is lawfully received from a third party without restrictions on use or disclosure.
Is independently developed by the Receiving Party without use of or reference to the Confidential Information.
Is required to be disclosed by law or in response to a valid court order or governmental request, provided that the Receiving Party gives the Disclosing Party prior notice of the disclosure and cooperates with any efforts to limit the scope of the disclosure.

8. Data Protection and Privacy

a. Compliance with Laws

Both parties agree to comply with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other relevant regulations.

b. Personal Data

If Nikoq Technology processes personal data on your behalf as part of the Services, we will do so in accordance with our Privacy Policy and any applicable data processing agreement. You agree to provide any necessary notices to data subjects and obtain any required consents for the processing of their personal data.

c. Data Security

We implement appropriate technical and organizational measures to protect personal data and other sensitive information from unauthorized access, disclosure, alteration, and destruction. However, you acknowledge that no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.

9. Warranties and Disclaimers

a. Service Warranty

Nikoq Technology warrants that the Services will be performed in a professional and workmanlike manner, in accordance with industry standards and the terms of the applicable service agreement or SOW. If you believe that we have breached this warranty, you must notify us in writing within 30 days of the date of the alleged breach, and we will, at our option, either re-perform the Services or refund the fees paid for the defective Services.

b. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

a. Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NIKOQ TECHNOLOGY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL

, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. Aggregate Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

c. Basis of Bargain

You acknowledge that the limitations of liability set forth in this section are an essential part of the bargain between the parties and that, in the absence of such limitations, the terms and conditions of these Terms would be substantially different.

11. Indemnification

a. Indemnification by You

You agree to indemnify, defend, and hold harmless Nikoq Technology, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

Your use of the Services.
Your breach of these Terms or any applicable laws.
Your violation of the rights of any third party, including intellectual property rights and privacy rights.

b. Indemnification Procedure

If we seek indemnification from you, we will:

Provide you with prompt notice of the claim.
Allow you to control the defense and settlement of the claim, provided that you do not settle any claim without our prior written consent, and such consent shall not be unreasonably withheld.
Cooperate with you in the defense of the claim, at your expense.

12. Termination

a. Termination by Nikoq Technology

We may terminate or suspend your access to the Services immediately, without prior notice, if:

You breach these Terms.
You fail to pay any fees due under a service agreement or SOW.
We are required to do so by law or due to a change in our business operations.

b. Termination by You

You may terminate your use of the Services at any time by providing us with written notice. Termination of your use of the Services does not relieve you of any obligations to pay any outstanding fees or comply with any other obligations under these Terms.

c. Effect of Termination

Upon termination of these Terms for any reason:

Your right to access and use the Services will immediately cease.
You will promptly return or destroy any Confidential Information or materials belonging to Nikoq Technology.
Any provisions of these Terms that by their nature should survive termination (including, but not limited to, confidentiality, intellectual property, indemnification, and limitation of liability) will survive.

13. Governing Law and Dispute Resolution

a. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles.

b. Dispute Resolution

Any disputes arising out of or in connection with these Terms or the Services shall be resolved through the following process:

Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiations.
Mediation: If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation before a mutually agreed-upon mediator.
Arbitration: If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of [Insert Arbitration Institution]. The arbitration shall take place in [Insert Location], and the language of the arbitration shall be [Insert Language].

14. Amendments to These Terms

We may update or modify these Terms from time to time to reflect changes in our business practices, legal requirements, or for other reasons. We will notify you of any material changes to these Terms by posting the updated Terms on our website or by other means of communication. Your continued use of the Services after any such changes constitutes your acceptance of the updated Terms.

15. Miscellaneous

a. Entire Agreement

These Terms, together with any applicable service agreement or SOW, constitute the entire agreement between you and Nikoq Technology regarding the Services and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to the subject matter of these Terms.

b. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

c. Waiver

The failure of either party to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision, nor shall it prevent the party from enforcing such right or provision in the future.

d. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, at any time without notice to you.

e. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.

f. Notices

All notices required or permitted under these Terms shall be in writing and shall be delivered by email, registered mail, or courier service to the addresses specified by the parties.

If you have any questions or concerns about these Terms, please contact us at:

Nikoq Technology Pvt. Ltd.
44 Torrance Woods
Brampton, Ontario
L6Y 2V1
Email: [email protected]

These Terms and Conditions were last updated on 21, Aug 2024.