Please read these terms and conditions carefully before using Our Service.
These general terms of use regulate the access and use of the website located in the domain www.nyggs.com (hereinafter, the “Site”), and related software and services (hereinafter, together with the Site, the ”NYGGS Platform”).
NYGGS is owned by Rapidsoft Technologies Pvt. Ltd., a company duly incorporated under Indian law, with an address at Plot 872, First Floor, Udyog Vihar Phase-5, Gurugram, Haryana, 122016, India.
Access to and use of the NYGGS Platform will also be governed by the information, instructions, and policies made available on the Site, including, by way of example, NYGGS privacy policy, the legal notice, and/or cookie policies, which can be accessed in their respective sections. Where there is any conflict between these terms of use and the Site, the former shall prevail.
Any person who accesses the NYGGS (hereinafter, the “User” ) accepts and consents that, by using it, they agree to be bound by these general terms of use. If the User does not accept these terms of use in their entirety, they will not be able to access or use the NYGGS Platform. The minor use of the web page attributes the condition of the User and supposes the full acceptance of said terms. If these general terms of use are signed on behalf of a legal entity, the user declares and guarantees that they have the capacity for said legal entity to be bound by said subscription or acceptance. In this case, the term “User” will refer to said legal entity.
Among the Users, there may be persons (natural or legal) interested in purchasing our software and/or services will be considered “Customers” under these general terms of use. In this condition, the Clients will find applicable, in addition to these general terms of use, the rights and obligations provided for in the contract for the provision of services to be signed with NYGGS.
NYGGS expects all Users to show each other a high and consistent level of courtesy, respect, and professionalism by applying common sense when posting information, comments, or other content referring to other Users, NYGGS, or third parties anywhere on the NYGGS Platform.
All Users must fully comply with the regulations that apply to their activities, as well as all NYGGS policies published and included in these general terms of use by reference or referral, without prejudice to any modifications that may be made at NYGGS discretion.
It is prohibited to use the NYGGS Platform to publish:
It is prohibited to use the NYGGS Platform to publish:
In accordance with the provisions of number 4.2 above, NYGGS will not be responsible for any comments, information or other content that is published or made available on the NYGGS Platform by any User or third party.
Similarly, NYGGS is not responsible for the accuracy or reliability of the content, nor does it censor or monitor it to ensure it.
However, NYGGS reserves the right to terminate or restrict access to any information or content published or made available on the NYGGS Platform if required by the competent public administration or if NYGGS considers that such information or content breaches these general terms of use.
Unless otherwise specified in the corresponding order form, payment for the Services shall be made in the following amounts:
Towards subscription services you will pay the subscription fees specified in the corresponding Order Form. The subscription fees will remain unchanged throughout the subscription term unless:
If you use the Subscription Services more than once, we will charge you a Pro-rata fee for each additional use. You will be given the option to adjust the sales order form to increase or decrease the allowed usage limits in the future.
Pro-rata additional fees for new Features or Additional Subscription Services: Pro-rata fees for the remaining period of your Subscription Term.
If you sign up for Subscription, you’ll be able to use the Services for as long as you want. But if you don’t use them as much as you should or if you stop using them, we won’t give you a refund. Your fees will stay the same during the subscription period and only go up when you renew, which you’ll do at the rate you set in the Order Form.
All Consulting Services fees will be reflected in the appropriate Order Form. For on-location Consulting Services, you will be reimbursed for all fees and costs associated with providing the Services.
All subscription fees are payable upfront during the subscription period, before the start of the billing cycle, as shown in the order form. Consulting fees are payable before the start of services according to the order form. And:
You’ll give us the exact credit card info, debit card info, or bank info you need to get the Service Fees processed. You’ll also let us know if there’s a change in your payment info that could affect how payment is processed in the current or next Billing Cycle. We won’t hold up payment processing because you didn’t give us the right info.
If you are paying by credit card, you authorize us to:
We shall invoice you before the commencement of the initial subscription term and before the delivery of any Consulting Services. After that, we shall invoice you no later than 30 days prior to each subsequent billing cycle or renewal of the subscription term or at any other time when fees are due. All invoices shall be paid within 7 days of the date on which they are due, unless otherwise stated in the Order Form. In the event of late payments, we shall be required to pay interest at a rate of:
All Service Fees are non-refundable and shall be paid by the client. The client agrees to provide us with any tax registration numbers that may be required for our records. If any tax deductions or withholdings are required by law, the client shall pay the applicable amount and pay an additional amount to ensure that payment is received in full as if no deductions or withholdings were made.
It is our prerogative to monitor and audit the use of the Services to ascertain whether the use is within the scope of the applicable Service Usage Limits. Excessive use of the Services, if technically permissible, will be notified to you and may result in additional pro-rata billing, suspension of the Services or both.
You are responsible for ensuring that the Services are utilized in accordance with the Terms of Use and will promptly inform us of any unauthorized access to your account or User IDs and Passwords by e-mailing sales@nyggs.com .
Clients will only pay NYGGS for the Digital Project, either directly (according to the terms of the service contract you sign with NYGGS) or through the platform. Anything that encourages, supports, or asks you to pay full or partial money to someone else outside of NYGGS is a violation of these Terms of Use.
In the event of a breach of this section, a Customer shall be subject to the revocation of their New York Government Sales Guarantee (NYGGS) account and the appropriate compensation for any damages incurred as a result thereof.
If a Service Provider requires a Customer to make a payment directly or through an alternative payment method that is not available or specified by the Service Provider to the Customer, the Customer shall inform NYGGS thereof forthwith.
The Service Providers shall not accept, directly or indirectly, any payment for a Digital Project made by a Client to a professional, or through a payment channel other than those provided by, or specified by, NYGGS. If a Client attempts to pay a professional for a Digital Project directly or indirectly, the Service Provider shall inform NYGGS forthwith.
If NYGGS determines that a User has breached the general Terms of Use, breached NYGGS rights, or breached the rights of a third party, NYGGS has the authority to suspend or terminate the User’s access to the Platform without prejudice to any remedial action taken.
Without prejudice to any other corrective action taken, NYGGS may suspend or terminate a user’s account on the Platform. This means that the user cannot access certain information, messages, files or other things they had access to on the Platform. NYGGS may also refuse to extend access to the user in certain circumstances.
Regardless of any other declaration or representation made by, or on the Site by, any representative of, NYGGS, NYGGS shall not be required to make any binding declaration or representation, nor shall NYGGS provide any warranty or warranty as to the dependability, adequacy, accessibility, security, precision or integrity of, the suitability of, the ability of, the solvency of, or the capacity of, the Client, the Service Provider or the Site, or whether or not the Platform is appropriate for a particular purpose or does not infringe third party rights.
In particular, and by way of example only, NYGGS is not responsible or makes any guarantee that:
The NYGGS Platform may be subject to limitations, delays or other problems inherent to the use of the internet and electronic communications. NYGGS is not responsible for any delays, non-deliveries or other damages of any nature that may result from such problems.
The validity period of these terms of use is from the effective date until its expiration in accordance with the provisions of sections below.
You and NYGGS can end the legal agreement that’s based on these terms anytime, for any reason, and you can do it right away, after you’ve notified the other person in writing or after you’ve cancelled or suspended their account, as long as it doesn’t affect any other service provision agreement that’s already been formalized between you and NYGGS. So these general terms and conditions will still apply to the above mentioned service provision contracts until they expire.
The termination of those terms of use shall be without prejudice to the terms of use which, by virtue of their nature, are valid beyond the contractual termination date, so that those terms will remain in effect after the termination of those general terms (specifically, and by analogy, certain provisions concerning the discharge of liability or compensation for NYGGS).
Both parties have the right to end the legal relationship based on these terms of use whenever they want, with or without cause, after giving written notice to the other party, or by cancelling or suspending the User’s account. This termination doesn’t have to affect any service provision agreements that were previously made by NYGGS with the Client, or by the Client with the Service Provider, so these general terms will still apply to those agreements until they’re terminated.
The termination of these Terms of Use shall not affect the terms and conditions which, by their nature, remain in force after the termination of this Agreement. Accordingly, those terms and conditions shall remain in effect after the termination of these General Terms of Use (including but not limited to certain provisions concerning the indemnity or discharge of NYGGS of any liability).
The Terms and Conditions of Use of the NYGGS Platform shall prohibit any infringement of any law or any violation of the rights of any third party on or in relation to the Platform. Specifically, said Users shall agree to adhere to all applicable import and export controls and shall not infringe on any third party’s property rights that may be applicable.
The User agrees to the following:
Notifications will be considered invalid unless they are made in writing and delivered by:
These Terms and Conditions are subject to revision at any time by NYGGS. Any such revision shall take effect as soon as:
The fact that one party fails to exercise any of the rights or claims arising from these general terms of use or delays exercising those rights or claims shall not constitute waiver of those rights or claims and shall in no way affect the power of the other party to exercise or enforce those rights or claims. Unless the other party expressly waives the right or claim in writing and through the intervention of an appropriately authorized representative.
If any portion of the terms and conditions is deemed unlawful or invalid and, accordingly, cannot be enforced, the terms and conditions shall remain valid and in accordance with the other general terms of use and the corresponding provisions shall be amended by NYGGS to ensure that the set of terms and conditions comply with the applicable regulations resulting from application and, at all times, that the parties’ wishes are met to the fullest extent.
The fact that a condition is unlawful, invalid or otherwise unenforceable in one jurisdiction does not invalidate, invalidate or otherwise affect the lawfulness, validity and enforceability of that condition in another jurisdiction or of that condition in a third jurisdiction.
These general terms of use will be governed by the common laws of the Republic Of India.
NYGGS agrees to submit to the courts and tribunals of India – any questions, complaints, or other matters arising out of the interpretation, application, or compliance with these Terms and Conditions of Use.
By default, NYGGS hereby relinquishes all personal or territorial jurisdiction over the Users, and to the extent such submission is legally permissible.
If you have any questions or comments regarding these terms, Please contact NYGGS at sales@nyggs.com