These Terms and Conditions (“Agreement”) govern the use of the NIKO Computers PTY LTD service (“Service”) provided by [NIKO Computers] (“Provider”) to the customer (“Customer”). By using the Service, the Customer agrees to be bound by these terms.
1.1. The Provider will make reasonable efforts to ensure the availability and reliability of the Service, but does not guarantee uninterrupted or error-free operation.
1.2. The Provider reserves the right to suspend or terminate the Service at any time for maintenance, upgrades, security reasons, payment delay or violation of these terms.
2.1. The Customer is responsible for maintaining the security of their server and account login information. Any unauthorized use or access to the Service must be immediately reported to the Provider.
2.2. The Customer is responsible for the content and activities conducted through their server. They must comply with all applicable laws, regulations, and third-party rights. The Provider reserves the right to take appropriate action if any unlawful or prohibited activities are detected.
2.3. The Customer agrees not to use the Service for any malicious, abusive, or disruptive purposes, including but not limited to hacking, spamming, video streaming or distributing malware.
3.1. The Customer agrees to pay the fees for the Service as stated in the agreed-upon pricing plan. Payment is due on the specified billing cycle.
3.2. In case of non-payment or late payment, the Provider may suspend or terminate the Service. Reinstatement may be subject to additional fees or conditions.
3.3. All fees are non-refundable unless otherwise stated in a separate agreement or as required by applicable law.
4.1. The Provider retains all intellectual property rights in the Service, including but not limited to software, systems, and documentation.
4.2. The Customer retains all intellectual property rights in their content and data stored on the server. The Provider does not claim ownership over the Customer’s data.
5.1. The Provider shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the Service, including but not limited to loss of data, loss of profits, or business interruption.
5.2. The Customer agrees to indemnify and hold the Provider harmless against any claims, damages, liabilities, or expenses arising from their use of the Service or violation of these terms.
6.1. Either party may terminate this Agreement upon written notice if the other party breaches any material provision of this Agreement and fails to remedy the breach within a reasonable time of a minimum 1-month notice in advance.
6.2. Upon termination, the Customer’s access to the Service will be revoked, and any remaining fees owed shall become immediately due.
7.1. This Agreement shall be governed by and construed in accordance with the laws of The Victorian Civil and Administrative Tribunal (VCAT). Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of The Victorian Civil and Administrative Tribunal (VCAT).
8.1. The Provider reserves the right to modify or update these terms from time to time. The Customer will be notified of any material changes, and continued use of the Service after such notification constitutes acceptance of the modified terms.
9.1. This Agreement is public and constitutes the entire understanding between the Provider and the Customer concerning the Service and supersedes any prior agreements or understandings, whether written or oral.
By using the Service, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.