Terms and ConditionsLast updated: January 24, 2023
Please read these terms and conditions carefully before using Our Service.
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.
User, Clients, and Service Providers
Basic rules of use of the NYGGS Platform
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.
It is prohibited to use the NYGGS Platform to publish:
- Any material that is or may be unlawful, misleading, subversive, threatening, defamatory, invasive of privacy, abusive, libelous, obscene, pornographic, hate speech, racially or ethnically offensive, etc. or that, in any way, may constitute or encourage conduct that may be considered criminal, contrary to the rights of any of the parties or that gives rise to any type of liability;
- Any material or content that infringes, misappropriates or violates the rights of third parties, including, without limitation, copyrights, trademarks, patent rights or other proprietary rights of third parties;
- Any misrepresentation or false statement that could cause damages to NYGGS, Users or third parties;
- Any private information that concerns another natural or legal person, issued without the permission of said natural or legal person;
- Any form of request for a User’s password or other account information;
- Any form of collection of User names, physical or email addresses, for whatever purpose; either
- Any virus, computer program or technological means whose purpose is to interrupt, damage or interfere with the use of computers or similar systems.
Exemption from liability for misuse of the NYGGS Platform.
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.
Fees and Payment terms [Required a Preview for Exact Figures]
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:
- You’re overusing the Services, meaning you’re going over the maximum number of contacts, emails, visits, users, or other limits set out in the Service Usage Limitations.
- You upgrade the products or base packages.
- You sign up for additional or new services, packages, or products, as well as additional contacts.
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.
Consulting Fees and Expenses
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:
- If you’re only buying Services for a part of a month at the start of Services, you’ll pay the subscription fees proportionately.
- All other payment options are specified in the applicable Order Form.
- Service charges are non-reimbursable and payment commitments under an Order Form cannot be cancelled unless explicitly stated in the Order Form.
Payment Information and Authorisations
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:
- Charge your credit card(s) or bank account(s) for all Service Charges incurred during the subscription period.
- If you haven’t asked to cancel your subscription at least 15 days before the renewal date, you’ll automatically be charged for the renewal. If you ask to cancel after you’ve been charged for the renewal, you won’t get your money back.
- Utilize a third party for payment processing and agree to provide payment information to that third party.
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:
- 1.5 percent per month, or
- The maximum permissible statutory rate, whichever is greater.
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.
Intimation of Unauthorized 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.
Measures for compliance with NYGGS policies
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.
- If NYGGS cannot verify or verify any of the information provided by a User; or If NYGGS believes that the User’s conduct may result in legal action on the part of the User, their clients, service providers or NYGGS.
- Once your account is closed or suspended, the user will no longer be able to use the NYGGS Platform through another account or sign up for a new account.
- If the User attempts to access and Use Guarantee (NYGGS Platform) through an alternate account, NYGGS shall have the right to pursue any resulting damages and any additional penalties applicable to the User.
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 use of the NYGGS Platform is secure, timely, uninterrupted or error-free, or that it can work in combination with any other hardware, application, system or data;
- The excluded elements meet the requirements or expectations of the user;
- Any data stored is accurate or reliable;
- The information or other materials obtained by the User through the NYGGS Platform meet the requirements or expectations of the User;
- The errors or defects that the excluded elements may have are corrected;
- The NYGGS Platform is free of viruses or other harmful elements; either
- The damages, losses and/or damages eventually suffered by the Users derived from the trust that the User places in the integrity, accuracy or existence of any advertising or as a result of any relationship or operation between a Client and any Service Provider, advertiser or third-party sponsor whose advertising appears on or is referenced on the NYGGS Platform;
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.
Validity and termination
Period of validity
Termination of the contract
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.
Consequences of terminating the contract
Termination of the agreement
Consequences of the termination of the agreement
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.
Communications between the parties and consent to electronic notifications
The User agrees to the following:
Notifications will be considered invalid unless they are made in writing and delivered by:
- By NYGGS by email (in each case to the address provided by the User);
- By posting on the NYGGS Site; either
- by the User to firstname.lastname@example.org or to any other email address specified by NYGGS in writing. The day this notice is sent is the date it is received.
These Terms and Conditions are subject to revision at any time by NYGGS. Any such revision shall take effect as soon as:
- Calendar Day 30 after NYGGS has notified them via the Site’s user interface (“Site”) or via their email address (“Your Account”) or through a different process; or
Inalienability of rights
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.
Law and jurisdiction
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 email@example.com