TERMS OF SERVICE
1. Introduction
1.1 This Agreement (“Agreement”) is entered into between Next Tech Solutions LLC (“Next Tech” or “we”) and the customer (“Customer” or “you”). By using Next Tech’s products and services, you agree to comply with and be bound by these terms.
2. Definitions
2.1 “Next Tech” refers to Next Tech Solutions LLC.
2.2 “Customer” refers to the party entering into this Agreement with Next Tech.
2.3 “Software” refers to the computer programs provided by Next Tech.
2.4 “Services” refers to the services provided by Next Tech, including repairs and maintenance.
2.5 “Data” refers to information, including system-specific data, collected during the provision of Services.
3. Payment
3.1 Payment for Next Tech’s products and services must be made according to the terms specified in the invoice.
3.2 Failure to make undisputed payments may result in the suspension or termination of services.
4. Products
4.1 Products provided by Next Tech are subject to the terms outlined in the Agreement.
4.2 Customer is responsible for any damage to products caused by unauthorized repairs or external factors.
4.3 Warranty for Next Tech-branded Products is detailed in Section 9.
5. Software and Services
5.1 Software is subject to separate license agreements.
5.2 Customer is granted a non-exclusive, non-transferable license to use the software during the service term.
5.3 Restrictions on software usage include no copying, modifying, or reverse engineering.
5.4 Next Tech is not responsible for interruptions due to unpredictable operation and availability of systems used for accessing the Software.
6. Data Handling
6.1 Next Tech may collect data during the provision of services.
6.2 Customer grants Next Tech the right to use, compile, and maintain this data for specific purposes, including marketing and sales activities.
7. Services
7.1 Repair services cover defects in Next Tech-branded products.
7.2 Services do not include repairs due to third-party products, unauthorized modifications, or natural disasters.
7.3 Next Tech may access and use Customer-provided Third Party Products as necessary for the provision of Services.
8. Warranty
8.1 Next Tech warrants its products to conform to specifications and be free from defects for a specified period.
8.2 Warranty includes repair or replacement at Next Tech’s discretion.
8.3 Warranty for Next Tech-branded Software is detailed in Section 9.
9. Liability
9.1 Next Tech’s liability is limited, excluding certain situations like death, personal injury, or gross negligence.
9.2 Next Tech is not liable for special, indirect, or consequential damages.
10. Contact
10.1 Notices under this Agreement must be in writing and effective when delivered to the email address info@nextts.net.
11. Confidentiality
11.1 Each party must treat all Confidential Information received from the other party as it would treat its own confidential information generally.
11.2 The obligations as to confidentiality shall survive any termination of a deal between both parties.
12. Indemnities
12.1 Next Tech shall defend and indemnify Customer against any third-party claim or action related to infringement of Intellectual Property Rights.
13. Termination
13.1 Either party may terminate the Agreement for material breach or insolvency.
13.2 Next Tech may terminate for failure to pay, export control breaches, or Intellectual Property Rights violations.
14. Force Majeure
14.1 Neither party shall be liable for failure to perform obligations during a Force Majeure Event.
14.2 The delayed party shall provide prompt notice of the Force Majeure Event.
15. Export Compliance
15.1 Each party shall comply with applicable laws and regulations related to customs and export control.
15.2 Customer is responsible for obtaining necessary licenses for export compliance.
16. Data Privacy
16.1 Customer shall comply with applicable data privacy laws and obtain necessary authorizations for lawful processing.
16.2 Next Tech shall process personal data in compliance with applicable privacy laws.
17. General
17.1 Changes to the Agreement must be in writing and agreed upon by both parties.
17.2 This Agreement constitutes the entire understanding between the parties.
17.3 Waiver by either party of a breach shall not constitute a waiver of subsequent breaches.