TERMS & CONDITIONS


Updated on 19-07-2023

The content of this website is the property of Nellsys Technologies Pvt Ltd., having its office at Plot No.379, Road no.20, Ayyappa Society, Madhapur, Hyderabad, Telangana- 500081 IN


About Nellsys

Nellsys Technologies Pvt Ltd is aimed towards providing its customers with the following services;
Website Development Website development by Nellsys includes markups, coding (writing code for servers using programming languages both front-end and back-end), scripting, network configuration, and CMS development (series of programs used to create and manage web content). Customers looking to create websites for their businesses or other creative projects can approach our team and discuss the possible manners in which they wish to go about with their content.
Application Development Application developers at Nellsys along with a team of software engineers, project managers, designers, and writers will aid the customer in the development of all the code, assets, and frameworks that form the application relevant to the content provided by them. Applications will be constructed for use on the web, on operating systems like Windows and MacOS, or on mobile platforms like iOS and Android. Testing functionality and researching algorithms that will allow the application to function and meet its goal is the primary goal of the team at Nellsys.
Website (QA) Quality Assurance Services Customers can approach the team at Nellsys with pre-existing Websites/Applications that may have been created by other developers for Quality Assurance Services. The developers and optimizers at Nellsys will be tasked with testing the website to ensure that everything looks and works correctly on all relevant devices and browsers. This procedure entails checking the quality of the website/application before visitors endure friction. The quality assurance team will further look for bugs, glitches, errors, broken links, points of friction, etc., and create a faster, cleaner, and better website/application that works the way the developer intended.


General Terms

By accessing and placing an order with Nellsys Technologies, you confirm that you are in agreement with and bound by the terms of service contained in the Terms and conditions outlined below. These terms apply to the entire website and any other type of communication between the customer and Nellsys Technologies Pvt Ltd. Under no circumstances shall the Nellsys Technologies team be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on the site, even if Nellsys Technologies team or an authorized representative has been advised of the possibility of such damages. If your use of the materials from this site results in the need for correction of data, the customer assumes any cost thereof. Nellsys Technologies will not be responsible for any outcome that may occur during the usage of our resources. We reserve the right to change prices and revise the policies at any time.


License

Nellsys Technologies Pvt Ltd grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the website strictly by the terms of this Agreement. These Terms & Conditions are a contract between the customer and Nellsys Technologies (“we”, “our”, or “us”).


Definitions and key terms

For this Terms & Conditions:
Cookies: A small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference and login information.
Company: When this policy mentions “Company”, “we”, “us”, or “our”, it refers to Nellsys Technologies which is responsible for your information under the Privacy Policy.
Country: Where Nellsys Technologies or the owner/founders of Nellsys Technologies are based, in this case, India.
Customer: Refers to the company, organization, or person that signs up to use the Nellsys Technologies Service.
Device: Any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Nellsys Technologies and use the services.
IP address: Every device connected to the internet is assigned a number known as an Internet Protocol (IP) address. These numbers are assigned in geographic blocks. An IP address can often be used to identify a location from which a device is connecting to the internet.
Personnel: Refers to those individuals who are employed by Nellsys Technologies or are under contract to perform a service on behalf of one of the customers.
Personal Data: Any information that directly, indirectly, or in connection with other information – including a personal identification detail – allows for the identification of a natural person.
Service: Refers to the service provided by Nellsys Technologies as described above on this platform.
Website: Nellsys Technologies’ site which can be accessed via this URL: www.nellsys.com
You: A person or entity that is registered with Nellsys Technologies to use the Services.


Restrictions

The customer agrees not to, and the customer will not permit others to: License, sell, rent, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the service or make the platform available to any third party. Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the service. Remove, obscure, or alter any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers, or the licensors of the service.


Payment

Upon completion of the tasks assigned to us by the customer, the customer agrees to pay all fees or charges to our account for the services by the fees as discussed by both parties before the commencement of the project. By providing us with your consent and agreement to the completion of the project the customer agrees that we are authorized to verify the customer’s information immediately, and subsequently invoice the customer’s account for all fees due and payable to us hereunder and that no additional notice or consent is required. The customer agrees to immediately notify us of any change in your billing address used for payment hereunder. We reserve the right to amend the prices and billing methods at any time, either immediately upon posting on our Site or by e-mail delivery to the customer. Any attorney fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts shall be the responsibility of and paid for by the customer. No contract will exist between the customer and us for the Service until we accept your order by a confirmatory e-mail, SMS message, or other appropriate means of communication. The customer is solely responsible for any third-party fees that they may incur when using the Service.


Return and Refund Policy

The team at Nellsys Technologies Pvt Ltd., appreciates the fact that the customer likes to buy what we build and aims strongly toward providing a rewarding experience while the customer is exploring, evaluating, and purchasing our product. This is however subject to our Terms & Conditions that apply to any transactions at our company. By placing an order or making a purchase from us, the customer agrees to the Terms & Conditions along with our Privacy Policy. If, for any reason, not initially discussed by and between us and the customer, the customer is not completely satisfied with any service that we provide, do not hesitate to contact us and we will discuss any of the issues the customer may be going through with our service and set a course of action toward resolving the same at no additional charge.


Customer Suggestions

Any feedback, comments, ideas, improvements, or suggestions provided by the customer to us concerning the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to you.


Customer Consent

We have drafted our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our services, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.


Cookies

We use “Cookies” to identify the areas of our website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our service but are non-essential to their use. However, without these Cookies, certain functionalities may become unavailable or the customer would be required to enter login details every time they visit our platform. Most web browsers can be set to disable the use of the Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Changes to Our Terms & Conditions

Customer acknowledges and agrees that we may stop (permanently or temporarily) providing the Service (or any features within the Service) not including those services that have already been set in motion at our sole discretion, without prior notice to them. Customers may stop using the service at any time. Customer does not need to specifically inform us when they stop using the Service. Customer acknowledges and agrees that if we disable access to their account, they may be prevented from accessing the Service, their account details, or any files or other materials that are contained in their account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.


Modifications to Our service

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to you.


Updates to Our service

We may from time to time provide enhancements or improvements to the features/functionality of the service, which may include bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the service. The customer agrees that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to the customer. Customer further agrees that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.


Term and Termination

This Agreement shall remain in effect until terminated by the customer or us. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, if the customer fails to comply with any provision of this Agreement. The customer may also terminate this Agreement by deleting the service and all copies thereof from their computer. Upon termination of this Agreement, the customer shall cease all use of the service and delete all copies of the service from their computer/device. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by the customer (during the term of this Agreement) or any of their obligations under the present Agreement.


Copyright Infringement Notice

If the customer is a copyright owner or such owner’s agent believes any material from us constitutes an infringement on their copyright, contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the material that is claimed to be infringing; (c) their contact information, including their address, telephone number, and an email; (d) a statement by them that they have a good faith belief that use of the material is not authorized by the copyright owners; (e) a statement that the information in the notification is accurate, and, under penalty of perjury and that they are authorized to act on behalf of the owner.


Indemnification

The customer agrees to indemnify and hold us and our partners, subsidiaries, affiliates, officers, employees, agents, and licensors (if any) harmless of any claim or demand, including reasonable attorneys’ fees, due to or arising out of the customer: (a) use of the service; (b) violation of this Agreement or any law or regulation.


No Warranties

The service is provided to the customer “AS IS” and “AS AVAILABLE” and without all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our behalf and behalf of our affiliates and our respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, concerning the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, website, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither we nor any provider makes any representation or warranty of any kind, express or implies: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content sent from or on our behalf of us are free of viruses, scripts, Trojan horses, bugs, malware or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to the customer.


Limitation of Liability

Not withstanding any damages that you may incur, the entire liability of us and any of our suppliers under any provision of this Agreement and the customer’s exclusive remedies for all of the foregoing shall be limited to the amount paid by you for the services. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or the inability to use the service, third-party software and/or third-party hardware used with the services, or otherwise in connection with any provision of this Agreement, even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This Agreement, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between the customer and us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provisions shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

NELLSYS AND THE CUSTOMER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


Waiver

Except as provided herein, the failure to exercise a right or to enquire performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall be government.


Amendments to this Agreement

We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our service.


Entire Agreement

The Agreement constitutes the entire agreement between the customer and Nellsys regarding the customer’s use of the service. It supersedes all prior and contemporaneous written or oral agreements between the customer and Nellsys. The Customer may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.


Updates to Our Terms

We may change our Services and policies, and we may need to make changes to those Terms so that they accurately reflect our Services and policies. Unless otherwise required by law, we will notify you (for example, through our Services) before we make changes to these Terms and allow you to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.


Intellectual Property

Our platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by the Indian as well as the international copyright, trademark, patents, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.


Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF THE CUSTOMERS’ OR’s INTELLECTUAL PROPERTY RIGHTS The term “dispute” means any dispute, action, or other controversy between the customer and Nellsys concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.


Notice of Dispute

In the event of a dispute, the customer or Nellsys must give the other a Notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. Customers must send any Notice of Dispute via email to: info@nellsys.com We will send any Notice of Dispute to the customer by mail to their address if it has been provided to us, or otherwise to their email address. Customer and Nellsys will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent.


Binding Arbitration

If the customer and Nellsys do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. The customer is giving up the right to litigate all disputes in court before a Judge. The dispute shall be settled by binding arbitration.
(a) Any dispute(s)arising out of these terms of use shall, as far as possible, be settled amicably between the Customer and Nellsys hereto failing which the following shall apply:
(b) Any dispute under these terms of use shall be referred to arbitration by a sole arbitrator to be appointed jointly by the Parties.
(c) The arbitration proceedings shall be held in Hyderabad, India by the provisions of the Arbitration and Conciliation Act, 1996, or any statutory re-enactment or modification thereof for the time being in force.
(d) The Customer and Nellsys agree that the arbitration award shall be final and may be enforced as a decree.
(e) The Customer and Nellsys further agree that subject to the above only the competent courts at Hyderabad, India shall have jurisdiction in all matters arising hereunder.
(f) The Customer and Nellsys further agree to keep the arbitration proceedings and the arbitral award confidential.
(g) If either the Customer or Nellsys employs attorneys to enforce any rights, breach, or discrepancy arising out of or relating to these terms of use, the prevailing Party shall be entitled to recover reasonable costs and attorneys’ fees.


Submissions and Privacy

If the customer submits or posts any ideas, creative suggestions, designs, photographs, advertisements, information, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of us without any compensation or credit to the customer whatsoever. We and our affiliates shall have no obligations concerning such submissions or posts. They may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.


Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in force and effect. Any waiver of any provisions of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by the Customer. We operate and control our Services from our offices in India. The service is not intended for distribution to or use by any person or entity in any jurisdiction or country here such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access services from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contain the entire understanding and supersedes all prior understandings, between the customer and Nellsys concerning its subject matter, and cannot be changed or modified by the Customer. The section headings used in this Agreement are for convenience only and will not be given any legal importance.


Contact Us

Via Email: info@nellsys.com
Via Phone Number: +91 829 766 7788
Via this Link: www.nellsys.com
Via this Address: Plot No.379, road no.20, Ayyappa Society, Madhapur, Hyderabad, Telangana- 500081 IN