Effective as of May 15, 2025
In this Agreement:
“Additional Terms” means the Service Specific Terms, Support Policies, Data Processing Agreement, Privacy Policy, Third Party Terms, and any other terms or conditions provided to Customer in a NIKO Computers Order Form, through the Account or in connection with accessing any NIKO Computers Services.
“Applicable Law” means all laws, statutes, rules, regulations, and codes of any government authority having jurisdiction over this Agreement.
“Content Data” means all content uploaded, published, stored, or otherwise processed through NIKO Computers Services by Customer or Users.
“Fees” means the prices Customer agrees to pay to access and use the NIKO Computers Services, including any applicable taxes, charges, and recurring fees.
“Login Credentials” means Customer account usernames, passwords, keys or other authentication credentials.
“NIKO Computers Order Form” means a written or electronic ordering document executed by Customer and NIKO Computers specifying Services, Fees, Service Terms, and any additional obligations.
“NIKO Computers Services” means products and services provided by NIKO Computers, as described in applicable Order Forms, documentation or interfaces.
“Service Specific Terms” means additional terms applicable to specific Services.
“Support Policies” means support policies, service-level agreements, and related guidelines applicable to NIKO Computers Services.
“Users” means individuals authorised by Customer to use the NIKO Computers Services under Customer’s Login Credentials.
Account Registration. To use NIKO Computers Services, You must create an authorized Account and maintain accurate contact information.
Credentials. You are responsible for safeguarding all Login Credentials and activity that occurs under Your Account.
Use Restrictions. You may only access and use Services for Your internal business purposes in compliance with this Agreement and all Applicable Laws.
Updates. NIKO Computers may modify Services at any time and will notify You of material changes as required by law.
Ordering Services. You may order Services through Your Account or by executing a NIKO Computers Order Form.
Fees and Payments. Fees are due in accordance with the terms set forth in Your Order Form or otherwise communicated by NIKO Computers.
Renewals. Unless otherwise specified, Services renew automatically at the end of each term at the current rates.
Support for Services will be provided according to the Support Policies. Extended or premium support offerings may be subject to additional terms and charges.
Either party may terminate Services in accordance with this Agreement and the applicable Order Form. Termination does not relieve Customer of obligations to pay any accrued Fees.
NIKO Computers provides Services “AS IS” and DISCLAIMS all warranties except as expressly stated in this Agreement or required by Applicable Law.
To the maximum extent permitted by law, NIKO Computers’ total liability arising out of or related to this Agreement shall not exceed the Fees paid by Customer in the 12 months preceding the claim.
Customer will indemnify and defend NIKO Computers from all claims arising from Customer’s use of the Services, violation of this Agreement, or infringement of third party rights.
Each party agrees to maintain the confidentiality of the other party’s confidential information and not disclose it to third parties except as permitted under this Agreement or required by law.
Applicable Law and Venue. This Agreement is governed by the laws of Australia.
Amendments. NIKO Computers may update these Terms by posting a revised version or notifying you as required by law.
Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to its subject matter.
