This Software Rental & Service Agreement (“Agreement”) sets forth the terms and conditions under which NEXA ERP provides software, services, and support to the Client.
1. License & Permitted Use
1.1 The NEXA ERP software is licensed-not sold-to the Client strictly for internal business operations.1.2 The Client does not own the source code, intellectual property, or any components of the software.
1.3 The Client is prohibited from:
- Reselling, transferring, sublicensing, or leasing the system to any third party.
- Using the software for purposes outside the scope agreed with NEXA ERP.
2. Package Upgrade & Renewal
2.1 Clients wishing to upgrade or renew their subscription must provide minimum 14 days’ notice.
2.2 Upgrades and renewals follow the current packages and pricing available at the time of request.
3. Term & Auto-Renewal
3.1 This Agreement is valid for the selected package duration starting from installation.
3.2 It auto-renews for successive terms unless terminated as per this Agreement.
4. Payment Terms
4.1 Additional expenses for site visits or extra services will be billed separately.
4.2 Payments must be made on time.
4.3 Payments overdue beyond 30 days will incur 10% interest.
5. Software Support
5.1 Free phone support is available via NEXA ERP Help Desk from 9:00 AM to 5:00 PM (Weekdays).
5.2 Support includes troubleshooting, operational guidance, and system assistance.
6. Software Upgrades
6.1 NEXA ERP continuously develops and improves its software.
6.2 Clients receive free upgrades under the Maintenance & Support Agreement.
7. Database Security & Backup
7.1 NEXA ERP stores sales and stock data securely in cloud databases with daily automated backups.
7.2 Clients are responsible for maintaining daily local backups.
7.3 NEXA ERP is not liable for data loss caused by inadequate client backups.
8. Limitation of Liability
8.1 NEXA ERP is not liable for:
- Data loss,
- Service interruption,
- Consequential or incidental damages,
- Losses due to client backup failures.
8.2 Total liability shall not exceed the fees paid by the Client for the affected service.
9. Indemnification
NEXA ERP agrees to indemnify and hold the Client harmless from losses resulting directly from negligent acts of NEXA ERP employees, agents, or representatives.
10. Confidentiality
10.1 All client data and information handled by NEXA ERP will remain confidential.
10.2 Disclosure is permitted only when required by law or court order.
11. End-User Responsibility
11.1 The software is licensed only for the specific site it was sold for.
11.2 The license is non-transferable to another location or end-user.
11.3 The Client must appoint a System Administrator as the primary contact for support.
12. Refund Policy (NEW)
12.1 NEXA ERP offers a 2-week refund policy from the date of installation.
12.2 If the issue is caused by NEXA ERP’s mistake, the client is eligible for a full refund.
12.3 If the issue is caused due to client error, only the subscription amount will be refunded.
12.4 Initial Payment (Setup/Installation Fee) is non-refundable under any circumstances.
13. Offline Software Clause (NEW)
13.1 For clients receiving the Offline Version of the software:
- They are entitled to 1 year of free customer support from the installation date.
13.2 After the first year, continued customer support will be available under a yearly support subscription, charged separately.
13.3 Offline software does not include cloud backup unless separately purchased.
14. Termination
14.1 Either party may terminate this Agreement with 14 days’ written notice.
14.2 Upon termination:
- NEXA ERP may discontinue all services,
- No refunds will be issued for fees already paid,
- The Client must settle outstanding payments.
14.3 Termination due to non-payment requires all dues to be cleared before services resume.
15. Entire Agreement
This Agreement constitutes the complete understanding between the parties and supersedes all prior verbal or written agreements.