1. The agreement
These terms are an agreement between Nexis Tech Solutions (Pvt) Ltd (“we”, “us”) and the organization that subscribes to NexisERP (“you”, the “customer”). By subscribing to or using NexisERP, you agree to them on behalf of your organization, and you confirm that you have the authority to do so.
Where you have signed an order form or a separate written agreement with us, it applies together with these terms, and it prevails if the two conflict.
For review: Confirm how a customer accepts these terms (order form, signature or acceptance online).
2. Definitions
- Service — the NexisERP cloud ERP service, including its updates.
- Account — your organization’s subscription account, held by its Account Owner.
- Company workspace — one company’s records within your account. An account may hold one or more, as your plan allows.
- Users — the people you allow to use the service under your account.
- Customer data — the business records you and your users enter into the service.
3. The service
We provide NexisERP as an online service. We set up your account and company workspaces, operate and maintain the service, and make it available to your users through a web browser. The features available to you are those of your plan and any additions agreed with you.
4. Accounts, users and security
Your Account Owner and the administrators you appoint decide who may use the service and which role each user holds in each company. You are responsible for the actions taken by your users under your account.
Each user must keep their sign-in details private and must not share an account with another person. Tell us promptly if you suspect that an account has been used without permission.
5. Plans and pricing
Your plan, its price, the number of users and companies it includes, and any additions are set out in your order or as agreed with us in writing.
For review: Decide whether prices are published on the website, how plans are described, whether a trial is offered, and how extra users or companies are priced.
6. Billing and payment
We invoice the subscription in advance for each billing period of your plan. Invoices are payable within the period stated on them. Prices exclude taxes unless stated otherwise; applicable taxes are added as the law requires.
For review: Confirm the billing cycles offered (the service supports monthly and yearly billing), the payment terms, the accepted payment methods, the currency, and how taxes on our invoices are stated.
7. Late payment and suspension
If an invoice remains unpaid after its due date, we will remind you. If it remains unpaid for longer, your account may first enter a grace period, in which the service continues normally, and then be suspended.
While an account is suspended for non-payment, your users can still sign in, read and export your records, but new business entries are not accepted until the overdue amount is settled. Suspension deletes no data. Service resumes once payment is received.
For review: State the timings as commercial policy. The service is currently configured to begin a grace period 7 days after an invoice’s due date and to suspend new entries 21 days after it; confirm or change these before they are published as final.
8. Your data
You own your customer data. You give us permission to host, process, copy and transmit it only as needed to provide the service to you, to back it up and secure it, and to give you support. We do not sell your data and we do not use it for any other customer.
Our Privacy Policy describes how we handle personal information.
9. Data export and backups
During your subscription you can view and export your records and reports from the service. We back up the service to protect against loss. When your subscription ends, we will make your data available to you on request for a period before it is deleted.
For review: Confirm which export and backup options customers are offered, the length of the period after termination in which data can be requested, and the format in which it is provided.
10. Acceptable use
You agree not to, and not to allow anyone else to:
- use the service for anything unlawful, fraudulent or harmful;
- enter data you have no right to use, or that infringes the rights of others;
- try to gain access to accounts, companies or data that are not yours;
- test, probe or attack the security of the service without our written permission;
- disrupt or overload the service, or use it in a way that affects other customers;
- copy, modify, reverse engineer or resell the service; or
- use the service’s email features to send unsolicited messages.
11. Your responsibilities
You are responsible for the accuracy of the records you enter, for how you configure the service (including tax settings), and for meeting your own accounting, tax and record-keeping obligations. NexisERP is a tool for keeping your records; it does not provide accounting, tax or legal advice, and it does not file returns or other documents with any authority on your behalf.
12. Availability and changes
We work to keep the service available and to tell you in advance of planned maintenance where we can. We improve the service over time; changes are designed to carry your existing records forward.
For review: Decide whether any service level (availability target, maintenance windows, notice periods) is offered, and the commitment made about changes that remove or reduce features.
13. Support
Your users can raise support requests from Help & Support inside NexisERP, or write to support@nexiserp.com. The support included in your plan is set out in your order.
For review: Confirm the support hours, channels and any response times offered.
14. Confidentiality
Each of us will keep the other’s confidential information confidential and use it only for the purposes of this agreement, except where the law requires disclosure.
15. Intellectual property
We own the service, its software and its content, and all rights in them. These terms give you a right to use the service during your subscription; they do not transfer ownership. Your customer data remains yours.
16. Term and termination
Your subscription runs for the billing period of your plan and renews unless either of us ends it. You may end it as set out in your order. We may suspend or end the service if you materially breach these terms and do not put the breach right after notice, or immediately where needed to protect the service or other customers.
For review: Confirm the renewal, cancellation and notice terms, and whether any refund applies.
17. Disclaimers
We provide the service with reasonable skill and care. Except as stated in these terms, the service is provided “as is”, and we do not promise that it will be uninterrupted or free of errors.
For review: Confirm the warranty wording permitted under the governing law.
18. Limitation of liability
Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue or goodwill. Our total liability under this agreement is limited as stated below.
For review: Set the limitation of liability (for example a cap related to the fees paid in a stated period), the exclusions that cannot be limited by law, and any indemnities.
19. Governing law and disputes
These terms are governed by the laws of Pakistan. We will first try to resolve any dispute by discussion in good faith.
For review: Confirm the governing law, the courts or arbitration that have jurisdiction, and the venue.
20. Changes to these terms
We may update these terms. We will give you notice of material changes before they take effect; the updated terms apply from your next billing period unless the law requires otherwise.
For review: Confirm the notice period for changes to these terms.
21. Contact
Questions about these terms: support@nexiserp.com.
Nexis Tech Solutions (Pvt) Ltd
Pakistan