Terms of Service


Nexgen Innovators IT Services Pvt. Ltd. welcomes you to know more about our terms & conditions. We believe in keeping transparency and in order to let you know our terms and conditions, all our terms and conditions are given below.

Web hosting agreement and terms of service:

Nexgen Innovators IT Services Pvt. Ltd. – Standard policies and terms and conditions. Given policies and terms of services are mandatory for signing up with us and using our hosting services. Kindly make sure that you read the policies carefully and agree to the same before signing up. If you have any query or questions about the same, you may contact us at any time. Nexgen Innovators IT Services Pvt. Ltd. reserves the right to change the use of policies and terms anytime. We are serving a huge community of clients and it has been always our first priority to care about the security of each and every client.

Change in packages and pricing:

Nexgen Innovators IT Services Pvt. Ltd. reserves the right to change the price and services of its services and packages at any point of time. The information regarding prices and services available on our site may be changed without any prior information. Increase in price of our services is our sole decision and for all new deals, the new price will be applicable. Nexgen can increase the price anytime and new price will be effective for the new deals but the orders placed before the announcement of the new price will be considered at the old price only.

The information published on our website regarding prices and services may be changed at any point in time, without prior intimation. Also, the increase in prices would be the sole decision of Nexgen Innovators. This would be effective for the new deals but the orders placed prior to announcement would be treated on the previous slot.

Account setup: Your account would be set up after the receipt of your payment is received and confirmed by Nexgen Innovators on completion of screening procedures. It is your liability to give us proper information to verify the same and if you don’t do so, your account creation would be delayed.

Late / Non-Payment:

  • In cases of re-activation of cancelled accounts, ₹3000 would be charged as an administrative fee.
  • If your account gets overdue by 7 days all technical support would be rescinded.
  • If your account gets overdue by 14 days, your site and other services would be suspended.
  • If your account gets overdue by 30 days, your sites and data would be deleted from all our systems.
  • In case of credit card chargeback and reverse of the transaction, your account will be terminated and all your websites, data, website, emails, details would be immediately deleted.

We will try our best to contact you, by all the possible means, yet it is your (client’s) responsibility to keep up accurate and updated details, like address, contact and billing information etc.

Regular updates of details: We use the contact details that are contemporarily available with us. In case, you fail to receive our notices due to changed contact address (which you have not updated with our records), we will not be responsible for the same. The responsibility to keep information current totally lies with the clients. We are not responsible for the action taken in consequence to the client’s failure to receive/respond to the notices sent by Nexgen Innovators IT Services Pvt. Ltd.

Spam Policy:

We carry zero forbearance approach towards Unsolicited Commercial Email (UCE) or SPAM, on our network. None of our customers or associates is permitted to use our network for managing Unsolicited Commercial Email. Resellers of the Nexgen Innovators IT Services Pvt. Ltd. shall not host, or consent hosting of, sites or any information publicized by UCE from other networks as well. Contravention of this policy may result in a strict penalty, including immediate annihilation of services. We initiate instantaneous investigation upon the notification of such violation with our spam and UCE policy. For the duration of this investigation, we may put a ceiling on the client’s access on our network. In case the violation gets confirmed after investigation, we reserve rights to cancel, abort or terminate the respective account, without prior notice. In addition, we hold the right to follow a civil course of action, for the cost allied with the investigation. We may notify law enforcement officials if the violation is proved as a criminal offence. The violations of this policy will result in penalties. We would charge Administrative Fee against these violations. The first case of such violation would be charged as ₹5000 with termination of Customer’s account. The repetitive case or second violation will be charged as an administrative fee of ₹7500 with instantaneous termination of Customer’s account. Spamming is prohibited with us so PLEASE, DO NOT SPAM from your account. Our resellers would be solely accountable for the activities of their clients on the network of Nexgen Innovators, hence we suggest our resellers to develop an analogous policy for their clients. Nexgen Innovators doesn’t allow mass mailing from its shared servers. We do not entertain any type of deals with such sites. Sending mails in bulk quantities should not be done with your account on the SMTP server. We suggest you take specialized services from the third party or you may go for your own dedicated server.

Proscribed use of services and products:

The mode to use our services is the sole decision of the company, and all our clients and associates have to follow the same, in any circumstance. Customer may only use Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

General:

  • Illegal Activities: Broadcasting, storage, or circulation of any information, data, or material in breach of any relevant law or guideline, or that might facilitate the breach of any particular law or regulation is strictly forbidden. We reserve the right to assist with legal authorities or wounded party during the investigation of any alleged crime.
  • Injury or peril to other members: None of our client is allowed to use our services or products to destruct, or attempt to destruct, in whichever means, as well as not for pornography, or sends out any material, by any mode (e-mail, uploading, redistribution or otherwise) that terrorize or promote physical injury or obliteration of belongings.
  • Copyright or trademark contravention : Clients cannot use any of our service products to broadcast any material (by e-mail, uploading, posting or otherwise) that violates any copyright, patent, trademark, or trade surreptitious or other proprietary civil liberties of any third party, including, but not limited to, the unlawful copying of copyrighted material and digitization and circulation of images or photographs from any source like magazines, books, or other copyrighted sources, and the illegal allowance of copyrighted software. Clients cannot use services or products to assemble, or try to assemble, private information/details about third parties, devoid of their knowledge or written consent. Circulation and/or redistribution of copyrighted or the aforesaid intrusion will not be endured.

Maltreatment of system and network:

Contraventions of system or association security are forbidden. These kinds of activities may lead to criminal and civil liability. We shall file a criminal case for any of the activity intended to leak or attempt to leak in network security (importantly including below mentioned)

  • The prologue of malevolent programs in our network or any server owned by us. The common examples are viruses and worms. The “disruption” also includes, but is not limited to flood pings, port scans, packet spoofing and forged routing information as well
  • Carrying out security breaches or disturbances of Internet communication. Security breaches comprise approaching data, of which client is not an anticipated receiver. This also includes cataloguing into a server or account that the client is not particularly endorsed to access.
  • Any sort of network monitoring which seizes data unintended for the severing of the customer is subject to execution.
  • Users are not allowed to use any program/script/command to interrupt or disable any terminal or account.
  • Creation of an active full duration connection on an account provided by the company by the employment of artificial means through programming, software or any other such method.
  • Any attempt to surround or change monitoring, utilization reporting, bandwidth tracking or other such actions which consequently complicates the conventional operational functions of the company, comprising but not confined to changing, removing or in any manner altering or tampering with the log files created by the company.
  • Determination of any action by the company, in its own discernment, will negatively affect the operations of the company or reflect poorly on it.
  • Some act which the Company deems to be an unacceptable use of resources, business practice or otherwise intolerable to the Company.

Proscribed scripts and programs:

There are fixed standard rules applicable to all scripts. Read ahead to know these rules: The duration of script use on processor, should not exceed from a few seconds otherwise it would be removed. Scripts are not allowed to use large amount of system resources. In case script consume lager amount of RAM or processor, the account would be immediately suspended, awaiting a substitute solution. Same way in case a site found using 10% amount of system resource would be instantaneously suspended, awaiting a substitute solution. Referred or external sites are not allowed to use any scripts. Nexgen Innovators’ server does not allow the use of scripts 1.interact with the hardware 2. Interact or influence server configuration files. Infringement with this policy may result in immediate suspension of the account, without any prior intimation. Use of resource incentive scripts like chat room scripts coded in Java or Perl is not allowed on Nexgen Innovators’ server. Nexgen Innovators has debarred following scripts because they are supposed to be either resource hogs or detrimental: UltimateBBS, Ikonboard, FormMail, CgiEmail, Eggdrops and IRC Bots (PSYBNC, etc.) IRC Servers/clients (ircd, etc) IRC, BNCs (PsyBNC, BNC) Network/System Security Auditing Tools Exploits; Daemon Processes, Game Servers, Proxy Servers, Web/CGI based telnet servers The Anonymizer Any Soap Mailers Transmission of Unsolicited Email or SPAM Portscanning CGIs Security Auditing CGIs false identity & pyramid/Ponzi scheme Scripts Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives. Any script that uses & processes a massive number of flat files or large flat file databases.

LOSS OF BACKUP AND DATA:

Usage of our services is at your own solitary risk. Nexgen Innovators IT Services Pvt. Ltd. is not accountable for any data and/or files domiciling on your account. You agree to be responsible for data transfer, files and maintenance of proper backup of data and files put up on our server. We are entitled to take weekly backups of data which have been changed or are new. These backups serve the purpose of server restoration.

Mailing List Hosting We do not entertain any hosting for the running of mailing lists. Any mailing lists found in our servers will be shut down by us without any prior notice. Pornography or any other sex-related marketing are subjected to prohibition on any of the servers of Nexgen Innovators. Any site that contains sexual content or links to any sort of adult content elsewhere is included in this. The same holds true for the sites which encourage any illicit activity or are in any way detrimental to Nexgen Innovators servers or any other internet server. Even links to such sort of materials are subject to prohibition.

What do you own and what not: Source Code/Database of Website:

Web Server: Clients get web hosting complimentary with the package if stated in the email/proposal offered by our sales team. Thus, they don’t own it.

Content Management System (CMS): Clients don’t Own This. A Web Application that is used to manage the administration of content for your website. The CMS (and all software) is owned by the creators i.e. Nexgen and you use it as long as you run this website on our server.

Database Software: Clients don’t own this. Clients don’t have the right on the Database Software such as MySql created by Nexgen. Clients own their website data and content stored in the database if they have written it.

Source Code (another custom programming) – Clients don’t own this. The programmed code created in the language of the Web Server Platform that contains the logic and connectors to other software running on the server. Source code may also communicate with outside integrated system servers. The source code will generate the HTML/CSS/Javascript for the browser to render to your screen.

HTML/CSS/Javascript: Clients own this. HTML and CSS are the building blocks of almost all websites. It is a language that browsers understand. The Javascript is programming that may alter the HTML and CSS as one interacts with the website. Nexgen provides an agreement giving HTML/CSS/Javascript ownership to you upon completion and a final payment of the project.

Visual Design – Clients own this. The combination of layout and presentable graphical assets like colours, photography and typography to create the user interface, images and videos, and readable content of the website. The HTML/CSS/Javascript will contain the information to display these assets so the browser can render the website on your screen. Nexgen provides an agreement to clients giving website visual design ownership to you upon completion and final payment of the project.

Text Content – Clients own this. The formatted, readable, search engine indexable, copy and pastable website text that is rendered in the browser. The client will own his/her website text content if they or their employee authors the content.

Photography – Clients own this. If they took the pictures. The entire or part of a digitized photograph used on a website as either part of the logo, user interface, slideshow, gallery, video or another visual design asset. The client will own their website photography if they or their employee captures the photographs

Domain Name – You don’t own this either.  The Domain name appears in the address bar of the browser. It is the humanly memorable, identifiable part of the website URL that is indexed by search engines, displayed in most marketing, and remembered as part of the brand. Clients do not actually own a domain name even though they are a registered domain owner. They have a contract with the domain registrar giving them “ownership” of the domain much like a contract with a telephone company for a phone number. Domain name registration with a registrar does not confer any legal ownership of the domain name, only an exclusive right of use.

The legal reality of owning a website: Clients will never legally own the domain name, web server platform, CMS, web platform, database software, or language used to build your website. Nexgen only grants a license to use the Intellectual Property of the website created by Nexgen using its own customised code to build it. Only if a client program the website himself/herself or have a “work for hire” agreement, he/she will own the website source code. If the client authors his/her own content, design the interface, take his/her own photographs, and create his/her own graphics, he/she will own all of the website “visual design” and content. Actually, clients only own the “Finished Assembled Work” i.e. HTML/CSS/Javascript, visual design, and the text content upon completion and a final payment of the project.

Conclusion: If a client wants the source code of the website, Nexgen will not share its CMS technology, Databases, Location wise Sub-domains or Sub-directory web pages or Web Hosting Details of the website. Back-End of our Template based as well as Customised Website (Admin Panel/CMS) + Location Wise (Sub-domain) Web Pages developed by Nexgen Team is the result of huge research, innovative ideas and years of hard work by Nexgen. Nexgen holds rights of its technology and at any point of time, if client wishes to discontinue services with Nexgen, client can take control panel of the domain name (if purchased by Nexgen) after paying all due payment (if any). Nexgen will not share its source code / backup of the website which includes its Admin Panel/CMS, Database MySQL files. Client owns the right to get HTML/CSS/Javascript, visual design, and the text content upon completion and a final payment of the project.

Web Hosting Details: At any point of time, Nexgen will not share Web Hosting Credential with clients to protect the technology of website & maintain security of web server from any malware/viruses. Web Hosting is a free service provided with Website Service to client. Nexgen holds the rights to deny client from installing any open source or 3rd party software/plugin/module/component/cms like wordpress, joomla, drupal, Magento, Shopify etc. If the client has paid for hosting, he/she will get access to Cpanel of the hosting.

Domain Details: As long as the client continues to run the website with Nexgen, Nexgen will not share the credential of the domain purchased by Nexgen for the Website of the client. But if client forces Nexgen Team to provide control panel of domain, Nexgen will provide the credentials of domain to the client after getting written email from the client that “If anything bad happens to the structure or promotion of the website, Client will be solely responsible to it. Nexgen will not be responsible after providing the credential of the domain.”

Working on Client’s Server: We don’t host web applications / websites / portals designed and developed by Nexgen on client’s server.

Support:

We provide support only through E-mail
Support: [email protected]

Support for the problems and issues in control panel would be provided to certain limitations including basic functions like addition or deletion of accounts, DNS functioning, change of password etc. Limited support would be provided for third party software such as PHP-Nuke, Advanced Guest Book, phpBB, osCommerce, etc. Moreover, Nexgen Innovators will not entertain any Free Add on scripts inclusions on the control panel, matters related to software error or bugs which come as a 3rd party member and have to be directly reported to the software vendors for any kind of support. Web development, 3rd party scripts and software such as installation, maintenance and compatibility and/or current day-to-day administration tasks such as email accounts, domains and establishing new users are not the fields of concern for Nexgen Innovators. However, Nexgen Innovators may aid initial custom configuration or set up of the server, which includes email accounts, domains, establishing new users and software adjustments, at its own Nexgen Innovators (which includes SSL Cert, clientexec, etc.) without charging any additional amount.

Installation of 3rd party software:

Users carry complete responsibility in case they install 3rd party software in webspace. Tracing of hack or unusual activates due to less security in software, would be resulted as the termination of account without prior notice. Specification and limitations of responsibilities Any damage including accompanying or momentous damages, caused for unavailability or being offline of our servers. Nexgen Innovators shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Nexgen Innovators is not accountable for any claim compensation, counting incidental or consequential compensation which might be turned out from the sleaze or removal of any website from any of our servers. Immediate termination of services has to be the final or maximum limitation in such cases.

Stipulation & Disclaimer:

Nexgen Innovators is not responsible in any case of loss of data, crashes and system failure/downtime. In addition, we are not accountable for any envisaged guesstimate of profits, the client may achieve with the functioning of their website. Nexgen Innovators also resell few of its services hence certain tools, routing, software, or programming used by us, are not directly possessed or written by Nexgen Innovators. Nexgen Innovators carries no accountability for the utilization of our client’s accounts. Failure to follow any terms or conditions would lead the account to the deactivation, without any discussion. The decision to delete or deactivate any account would be solely based on terms set by Nexgen Innovators, and can be taken without any notice or prior intimation. Additionally, we reserve the sole right to change or modify these policies, guidelines and disclaimer, at any point of time, without any prior notification. Nexgen Innovators owns the right to change/modify the Terms and Conditions at any point of time. (Already on our website)

Copyright Policy:

Nexgen Innovators has exclusive authorization to shield all the information/material/services/contents by copyright law and other intellectual property laws. Replications of any information/material/services/contents would be a subject of legal action under the law of copyright.

Guidelines for use of site information and materials:

Viewing / downloading /printing/distribution of material and information available on Nexgen Innovators are subject to following stipulations: Use of information should only and strictly be non-commercial, whilst it can be used for personal or informational usage. Commercial use of information is approved only with preceding written sanction from Nexgen Innovators. Deletion of any proprietary notice or copyright enclosed in documents is strictly forbidden. Nexgen Innovators carries the right to rescind the print, view, download, distribute, and circulate the information uploaded on Nexgen Innovators at any time even without any predefined schedule. The rights granted to you constitute a license and not a transfer of title. The aforementioned rights to view, download, print, distribute the information available on Nexgen Innovators are not applicable to the design and layout of this site. Nexgen Innovators has the protection of Trade dress and other laws and hence is not permissible to be imitated as intact/in entirety or in parts.

Warranty:

Warranty and disclaimers excluding provided in a written agreement amid you and Nexgen Innovators. All the material & services on this site are devoid of any kind of warranty either articulated or oblique but not bound to the obscure warranties of commercial ship or suitability for a scrupulous reason, or the warranty of non-contravention. With no restraining to the prior, Nexgen Innovators provides no warranty that: The services and materials would be strictly in accordance to your requirements. Fault freeness, security, uninterrupted and well timely execution of services and materials. Accuracy effectiveness and reliability of services and materials and services. Immediate correction of any software error is not guaranteed by Nexgen Innovators. A few circumstances or jurisdiction do not permit of obscure warranties or restrictions on the duration during which the warranty would last. Therefore, the abovementioned limitations may not apply to you to the extent acceptable. Kindly note any implied warranty that would limit to a maximum duration of 90 (ninety days). Relevancy and contemporariness of data/information are not guaranteed by Nexgen Innovators. Nexgen Innovators is not accountable for any error or omission and editing of information /document/materials. This site possibly will comprise technical errors, inexactness, typing or other errors. In any case, Nexgen Innovators and its associates would not be liable to any third party for any special, disciplinary, accompanying, indirect or momentous damage of any kind. Nexgen Innovators is not responsible for any damage to your computer system or data loss while downloading any information from this site. User would be solely accountable for any and every kind of data loss / technical problem. The links existing on this site are not being commanded by Nexgen Innovators. Hence, we do not represent or recommend any of them. The right of entry of these links is not under control of Nexgen Innovators, therefore, we are not responsible for any kind of precision and reliability of information / facts available on non-Nexgen Innovators websites. Nexgen Innovators is contacted / accessed and is used in various countries because of which it may contain such programs or services which are not publicized in your country.

Trademark:

Logo and trademark and services mark put on view on this website for viewing are solely owned by Nexgen Innovators and any personal or commercial use of the same is strictly prohibited, without the written permission of Nexgen Innovators.

Privacy Policy:

All the information provided by you would be used in accordance to respective laws. The information/data provided by you shall not be shared with any external organization or for any other commercial usage without your written consent. It would be however available to all the divisions / sister concerns / ventures of Nexgen Innovators. In order to facilitate the utilization of the services and maintain the continuity of a visit & help navigation on the site, we make use of temporary cookies. Updating/modification/ deletion of your data/information would be done on your written request only.

Payment and refund issue:

All the payments would be accepted on standard modes set by Nexgen Innovators. As we at Nexgen Innovators keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund. We clearly mention here that the paid amount would not be refunded in any circumstances. Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or chargeback.  The company will not provide the content through any other media such as CD, pen drive, movable drives etc. to avoid unwanted complications and technical issues. On provision of this information, you would be solely responsible for the login information as well as the content of the sites so provided. All payments for services Nexgen Innovators have to be made in favour of “Nexgen Innovators IT Services Pvt. Ltd.” only. We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) for any services rendered by Nexgen Innovators. You are informed that under no circumstances will Nexgen Innovators be liable for any damage caused in your business transaction to such fraudulent individuals or organizations.

Matter of disputes and jurisdictional aspects:

For any kind of legal dispute related to Nexgen Innovators would be dealt in only territory of Delhi. All the legal issues are subjected only to pertinent contemporary’s laws in force at New Delhi to the jurisdiction of courts located in New Delhi only.

Governing law and jurisdiction:

This Agreement and any dispute or matter arising from incidental use Nexgen Innovators is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India. This agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Nexgen Innovators, contains the entire agreement between you and Nexgen Innovators regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. We anticipate that the aforementioned information would enable you to shrewdly use the facilities and services offered by Nexgen Innovators and strengthen our business associations as well. With the warmest greetings, Team Nexgen Innovators is all set to assist you to serve with the best possible solutions.