Nouvelle Innovator is to provide a state of error free service and make no warranties of any kind of service/product from the operation of the website. We make assure that the product or services of Nouvelle Innovator will be made in error free if so not it will be corrected. Any material downloaded or otherwise obtained through the use of Nouvelle Innovator is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
All Terms are in General if not defined separately as by Nouvelle Innovator.
FINANCIAL ARRANGEMENTS (Payment and Bills)
As GST (Goods and Service Tax) is introduced in India, all invoice/receipt/any related to this will be billed with new GST Tax Rule from 1st July 2017
All service will be done/activated only after 100% payment is made and payment reflected in the Nouvelle Innovator account.
In case of custom design/development service a 50% payment must be made, and while delivering of product rest amount must be made as per contract.
Nouvelle Innovator is not responsible for delay in process of clearance of payment from bank side or any third party.
Nouvelle Innovator Provides an external link for your convenience and we are not responsible for that linked sites in any manner.
b) Third-Party Merchants and Advertisers
Nouvelle Innovator is no where responsible for the activity of the Third-Party Merchants and Advertisers in any means. It's your Sole responsibility and risk to use that service and not related to Nouvelle Innovator in any means.
c) Third-Party Cookies
Availability of service
Worldwide our website is accessible and our service and product is also available and in certain locations, our service is not available.
(a) – General Terms
The Company’s does not provide any template design for the Web site. Upon 100% payment of the Template Fee including design and conversion We shall set up a template for the Customer with Our sub-contractor or as provided You. We do not monitor the content of Our Customer’s Web Sites. However, You agree not to include on Your Website any content that infringes the intellectual property of anyone, including but not limited to, copyrighted text, copyrighted images, and trademarks. In case of the template provided or referred by you or in any manner from your side; it's your sole responsibility to get permission/license to use on Your side.
(b) – i) Development Terms
We shall provide/deliver programmatically design services to the Client in accordance to the services hereunder. A detailed module record must be submitted with this agreement. Any changes in this detailed module or in any flow will lead to redevelopment charges.
We hold the rights of programming script; any use of the code outside our sever or selling to any is unauthorized and subjected to fines as per time and type of issue.
A demo will be provided before final approval for testing and review of error only; if in the case of new addition a separate invoice will be made and a after approval final will be delivered online.
The Company shall maintain the right to display a link, including a linked image, to Our Websites, including.
(b) – ii) Modifications Terms
If Client desires to modify the Website, developed at any time during the term of this Agreement, Client shall describe the additional services or deliverables to Provider (the “Change Notice”). Within 14 days of such Change Notice, Provider shall submit a change order proposal (the “Change Order”) which includes a statement of any additional charges and any adjustments to the Delivery Schedule resulting from the proposed Change Notice. On Client’s written approval of the Change Order, the Change Order will become a part of this Agreement. The provider shall quote all charges for the Change Orders at its current standard charges.
(c) – Hosting Terms
Hosting includes storage space for text, documents and pictures only. Storing of Videos and / or audio files in any form in our server lead to termination of account without any refund or notice.
The company will ensure 99.99% Website uptime for a given month. Scheduled maintenance time of less than five hours each month will not be counted towards the downtime guarantee. The Company reserves the right to determine the timing of any maintenance Updates
We currently do not offer any e-mail hosting solutions. The Customer will need to Use a third party to host their e-mail accounts or mail exchange servers. The Customer can use our basic mail system for communication. Unsolicited emails in any form are not allowed in e-mail, and will likely result in account suspension or termination or cancellation without any refund or notice. Subjected to Annexure – II
(d) – Domain Name Terms
We shall cooperate with Client in registering the Domain Name on the availability of a Domain Name with the domain registrar of choice. Client shall own all right, title and interest in and to the Domain Name and all Intellectual Property Rights related thereto. Unless otherwise specified by Client, Provider shall list Provider’s project liaison as the administrative, technical and billing contact. Subjected to Annexure – I
Section 5 (e) – Content Control
The client shall have sole control over the Content. The Provider shall not supplement, modify or alter any Work Product which has been accepted by the Client or any Content other than modifications strictly necessary to upload the template which must be requested by the Customer.
(f) – Site Backup
At the Provider’s expense, Provider shall maintain a complete copy of the Website on a Disk Backup at a remote location. In the event that service is interrupted to the Website, the remote Disk shall be immediately activated so that public access to the Website continues without interruption. It is highly recommended to client take a regular back up on their local disk daily; We will not be responsible for any loss of data or damage to Your data or in any form. The Client can choose the daily backup option if need as cost provided by Us.
(g) – Availability of the Website
The Website shall be publicly available to Users and there will be no period of interruption in public accessibility of the Website that exceeds 72 continuous hours in a monthly period; excluding delays from server propagation
(h) – Response Time
The mean response time for server response to all accesses to the Website shall not exceed more than 30 seconds during any 1 hour period.
(i) – Bandwidth
The bandwidth representing the Website’s connection to the Internet shall be operating at capacity not more than 5 minutes in any 24 hour period.
(j) – Security
The provider shall prevent unauthorized access to the Website and any databases or other sensitive material generated from or Used in conjunction with the Website; and Provider shall notify Client of any known security breaches or holes.
(k) – Customer License
During the period that Provider provides Web hosting services pursuant to the Client hereby grants to Provider a non-exclusive, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, publicly perform, publicly display and digitally perform the Content and Work Product only on or in conjunction with the Website and in the making of the Provider's code. Client grants, provider's ability to display Website and link Website in their portfolio for Provider's marketing purposes. The client grants no rights other than explicitly granted herein, and Provider shall not exceed the scope of its license.
(l) – Provider License
During the period the Provider provides Web hosting services, hereby grants to Client a non-exclusive, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, publicly perform, publicly display and in conjunction with the Website. Provider requires Customer to display Provider trade-mark and links to the Website at the bottom of every page contained in the Website. Provider grants no rights other than explicitly granted herein, and Provider shall not exceed the scope of its license.
(m) Third Party Service
The provide will provide will Third Party service like SMS, Payment Gateway, SSL, Dedicated IP or any legalized service as per the rate quoted. The Customer abides to pay such Charges and agrees to follow that separate agreement. The party service only be activated only if full payment is made to Us upon clearance of the same.
You are to abide to pay any revised amount in failure or service will be suspended or degraded or whichever possible. We are not responsible for any issue arose from the Third Party Provider.
No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provision of this Agreement.
An Annual Renewal fee would for domain and hosting as per the pricing at the time of invoicing. Failure to renew will lead to termination of account.
(p) Prices Subject to Change
All prices on this Agreement item are subject to change without notice. At greatest extent We will make an effort to keep prices up to date; conversely, We cannot guarantee this. Applicable taxes and any other charges are excluded and will be added to the invoice.
Prices on non-Agreement services will be determined on a project basis. Actual prices will be confirmed at the time your order is placed.
Client is liable to pay the new price.
(q) Law Governing
This Agreement shall in all respects be interpreted, governed, construed and enforced by and under the laws of Our Home Ground.
Activation of Service and Payment related
All services related to Nouvelle Innovator Will be activated only after full payment of the amount. It's Your responsible to Provide a valid information during activation or the holding of our service. Any termination of service due to inaccurate contact information, Nouvelle Innovator is not responsible. It's your responsibility to pay due on or before date or it will lead to termination of service . You agree that you are solely responsible for any personal income reporting and tax payments required of you by applicable government authorities.
All Free Values cannot be redeemed on any other products/packages/bills or any.
Nouvelle Innovator services process time of delivery.
Customer agrees Nouvelle Innovator is not responsible for any failure to carry out services for reasons beyond Nouvelle Innovator control or as below
- Acts of God or Nature or any related,
- Telecommunication problems
- Software failure, hardware failure
- Third party interference in any form
- Emergency on major scale or any social disturbance of extreme nature such as industrial strike or in any form Riot, Terrorism, War.
- Any act or omission of any third party services
- Result of illness
- Or any act(s) / event(s).
Customer agrees Nouvelle Innovator is not responsible any consequences or financial losses in any form ranges from business non profit / any , related or not related to the service and Nouvelle Innovator will not be responsible for any claim for the same.
Customer agrees Nouvelle Innovator is not responsible for any damages caused by third parties to their service ranges from operation of website / any.
The Client understands that once the Web site is completed and installed in the Clients Web space the Client takes on the responsibility of maintaining all aspects the site, such as text, image files. We will provide our own Content Management System (CMS) which will assist the Client in maintaining the site. The Client is responsible for the cost of the CMS if required for the features. We will make changes to the site per the Client's request which will be billed at the rate posted for Us. We Provide our Own CMS panel titled as “Nouvelle Innovator Contents Management System”.
We do not warrant that the functions contained in the Website will be uninterrupted or errorâ€free. In no event, We will be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or Web site. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyrights and Trademarks
The Client represents to Us and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Us for inclusion in Web pages are owned by the Client, or that the Client has permission from the rightful Owner to Use each of these elements, and will hold harmless, protect, and defend Us and its subcontractors from any claim or suit arising from the Use of such elements furnished by the Client. Any breach of Copyrights and Trademarks by You in any manner will lead to fine and termination of Your account.
You agree to indemnify Company and hold harmless from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Company in connection with any claim by a third party (including any intellectual property claim) arising out of Materials and content You submit to, post to or transmit to Your Customized template Web site, or Your Use of Our Services in violation of this Agreement or in violation of any applicable law.
You further agree that You will cooperate fully in the defence of any such claims. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and You shall not in any event settle any such claim or matter without the written consent of the Company. You further agree to indemnify and hold harmless Company from any claim arising from a third party's Use of information or materials of any kind that You submit to, post to or transmit to Your Customized template Web site.
Limitations of Use
You agree to Use Our Services only for lawful purposes. You are prohibited from any Use of the Customized template Web site hosted by the Company that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized Use of Our Services is strictly prohibited.
Intellectual Property Rights
We Customized Developer shall only be hosted within Our Company’s servers. The Customer is not entitled to transfer a Customized development, Web site to another hosting provider. The Company shall retain all intellectual property rights in the Customized Website development, including all copyrights, under all circumstances, including the termination of this Agreement by either party.
Disclaimer of Warranties
The Company warrants that its Services shall be performed by personnel possessing competency consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any Web site, Customized template or hosting service. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY THE COMPANY CONCERNING THE SERVICES AND RELATED WORK PRODUCT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE. COMPANY DOES NOT GUARANTEE CUSTOMER’S WEB SITE PLACEMENT ON SEARCH ENGINES. COMPANY ONLY PROVIDES A SERVICE TO ITS CUSTOMERS. ALL SOFTWARE, INFORMATION, CONTENT, MATERIAL, FILE, DATABASE, ARCHIVE, TECHNIQUE, PROGRAMS OR ANY OTHER TOOL OR DATA DEVELOPED AND USED FOR THE CREATION AND/OR USAGE OF THE CUSTOMIZED TEMPLATES SERVICES AND HOSTING SERVICE OR SERVICES BELONGS SOLELY TO THE COMPANY, AND IT SHALL NOT BE TRANSFERRED TO CUSTOMERS. CUSTOMERS CAN ONLY UTILIZE THE SERVICES OF THE COMPANY IN COMPANY'S SERVERS AND WITHIN THE COMPANY’S INFRASTRUCTURE.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER
THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE MAXIMUM REMEDY AVAILABLE TO THE CUSTOMER UNDER THIS AGREEMENT IS THE RECOVERY OF THE TOTAL AMOUNT PAID BY CUSTOMER TO THE COMPANY UNDER THIS AGREEMENT, IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
If We are found to be liable to You, Our liability to You or to any third party is limited to the total fees, You paid to Us in the 12 months prior to the action giving rise to the liability.
Termination/Change of Service in Nouvelle Innovator
Nouvelle Innovator has all rights to make changes/termination of service or make changes in rate at any time without prior notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion..
Changes to this Terms
Any changes to our this terms will supersede this version of our terms.We will take sufficient steps to make your attention to changes in our terms.You are recommended to read this document each time to know updates in the terms.