Software Rental & Service Agreement Contract
The NEXA ERP software is licensed solely for internal business use by the client. The client does not own the source code and is licensed only to use the system as provided. Any use of the system for purposes other than those agreed upon in this policy, as well as any transfer or sale of the system to another party or business, is strictly prohibited.
Package Upgrade & Renewal
Clients who wish to upgrade or renew their NEXA ERP package must notify us at least two weeks in advance. The available options will be based on the current packages offered during that period.
Term & Renewal
This agreement is valid for the term of the selected package from the date of installation. It will automatically renew for successive terms unless terminated as per the conditions outlined in this policy.
Payment Terms
Any additional expenses incurred for site visits will be billed separately. Payments are expected on time, and any overdue payments exceeding 30 days will incur an additional 10% interest.
Software Support
NEXA ERP provides complimentary phone support through the NEXA ERP Help Desk from 8:30 AM to 9:00 PM on weekdays. This support service ensures that businesses can access assistance for their system, regardless of the issue.
Software Upgrades
NEXA ERP continuously develops and maintains its software applications. Clients receive free upgrades as part of their Maintenance & Support Agreement, ensuring that their investment in the NEXA ERP system remains future-proof as their business grows.
Database Security & Backup
The NEXA ERP Databases securely store all stock and sales data in the cloud, with automatic backups performed daily. However, it is the client’s responsibility to maintain day-to-day backups. NEXA ERP cannot be held liable for data loss due to inadequate or nonexistent backups.
Liability
NEXA ERP strives to provide high-quality services and products but is not liable for any incidental or consequential damages resulting from service interruptions, data loss (including lost transactions), or any other issues associated with the client’s day-to-day backup responsibilities. The provider’s total aggregate liability will not exceed the fees paid by the client for the involved products or services.
Indemnification
NEXA ERP agrees to defend, indemnify, and hold the client, its successors, assigns, and representatives harmless from any injuries, damages, or losses, including legal fees, arising from the negligent acts or omissions of NEXA ERP employees, officers, or agents under this agreement.
Confidentiality
NEXA ERP, its employees, and subcontractors are required to maintain the confidentiality of all client information acquired during the performance of this agreement, except when required by a court order.
End-User Responsibility
The end-user is licensed to use the software only at the site for which it was specifically sold. The end-user does not acquire any proprietary rights to the software, and the software is not transferable to another end-user or site. The end-user must designate a system administrator as the single point of contact for NEXA ERP support.
Termination
Either party may terminate this agreement with 14 days’ written notice. Upon termination, NEXA ERP may cease providing services, and neither party will have further obligations under the agreement, except for obligations or liabilities that arose prior to termination. If the client terminates the agreement, no refunds will be issued for fees already paid. If the agreement is terminated due to non-payment by the client, all outstanding payments must be settled.
Entire Agreement
This privacy policy constitutes the entire agreement between the parties, superseding any prior oral or written communications. There are no conditions, understandings, agreements, or representations not specified herein.
Last Modify Date: 01.01.2022
