PAYMENT TERMS AND AGREEMENTS

Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order.

ACCEPTANCE OF TERMS


The services offered by Nyxology are subject to the following Terms of Use ("TOU"). Nyxology reserves the right to update the Terms of Use at any point of time without prior notice to the users. By requesting services with Nyxology, we assume that you have read and accepted the terms and conditions mentioned on our website.

PERSONAL AND NON-COMMERCIAL USE LIMITATION


Unless otherwise specified, the services are for your personal and non-commercial use. You may not alter, distribute, transmit, display, copy, perform, publish, replicate, license, create derivative works from, transfer, or sell any information, software, products or services attained from the services.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION


You can review Nyxology’s Privacy Policy, which is an integral part of these Terms and Conditions at http://nyxology.com/nyxology-company/nyxology/privacy- If you have not yet reviewed our Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to Nyx Technologies telephonically, electronically or otherwise, is not confidential or proprietary to you.

SUBMISSION OF PLAN ORDERS ; SERVICE PLANS


You may order Services by submitting Plan Orders through Nyxology’s Payment Portal or by calling Nyxology. Once we accept the Plan Order submitted by you, then you will receive an email from Nyxology at the email address that you provide or have already provided to Nyxology as a part of the Registration Process for the Services. Nyxology is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Nyxology of a Plan Order, you will have a Service Plan.

UNDERTAKING


Subject to the Terms and Conditions, and other terms specific to each Service Plan, Nyxology will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Nyxology will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to Nyxology’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or contact customer care. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.

PAYMENT


Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by Nyxology on behalf of Nyx Technologies LLC. Nyxology has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. Subject to the applicable Term Plan, all payments shall be made upfront at time of commencement of the subscription cycle. The fee will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.

When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of 3 months, 6 months or 1 Year. All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. If you sign up for a subscription Plan, the price available with that plan is valid until one of the following occurs: (1) the subscription Plan expires; (2) you terminate the Agreement/Service Plan before the expiry of the relevant term.

Credit Card Billing: You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Nyxology to charge and/or place a hold on your credit card with respect to any unpaid charges for Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Nyxology and/or any other company who bills products or services, or acts as billing agent for Nyxology to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Nyxology with updated credit card information upon Nyxology’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Nyxology nor any Nyxology affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Nyxology’s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00.

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:


Though Nyxology has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the support services for the subscription based plans are subject to Nyxology’s "fair use” policy. Under this policy, if at any time, in Nyxology’s sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then Nyxology reserves the right to suspend or terminate the Subscription Services of the Subscriber. In addition, Nyxology reserves the right to suspend or terminate any Subscription Services of any Subscriber that Nyxology, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to Nyxology; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

COMMUNICATIONS SERVICES


Nyxology may provide you with the use of e-mail services, instant messaging services, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with Nyxology’s employees and others as appropriate to your Service under a Plan Order (each a "Communication Service” and collectively "Communication Services”). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.

USE OF COMMUNICATION SERVICES


You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading Nyxology or others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.

Nyxology has no obligation to monitor the Communication Services. However, Nyxology reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Nyxology reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Nyxology reserves the right at all times to disclose any information as Nyxology deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nyxology’s sole discretion. Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

LINKING


You may not create hyperlinks to any portion of the Nyxology Portal, nor any Materials or Software posted therein. This Site may contain hyperlinks to websites that are not controlled by Nyxology. We are not responsible for and we neither endorse nor accept any responsibility over the contents or use of these websites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these websites.

SECURITY


You agree to indemnify, defend, and hold Nyxology, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party website providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of Nyxology or any other third party. You will cooperate as fully as reasonably required in Nyxology’s defense of any claim. Nyxology reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Nyxology. You agree immediately to notify Nyxology of any unauthorized use of your account or any other breach of security known to you.

USER RESPONSIBILITY


In connection with obtaining Services, you agree that you will:

Cooperate with the Nyxology Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:

  • The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
  • You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
  • The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Nyxology support personnel.
  • Software/Data Backup: You understand and agree that Nyxology shall under no circumstance be responsible for any lost or corrupted software or data.

Nyxology strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE

MAJEURE CIRCUMSTANCES


You hereby acknowledge that circumstances outside of Nyxology’s reasonable control (e.g. act of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, system maintenance, Internet Service Disruptions, or the like) may cause significant delays in Nyxology’s ability to schedule a support session. You hereby release Nyxology from any and all liability, and agree that Nyxology shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.

Nyxology or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

In order to subscribe or renew our plans, you must at all times have current and functional antivirus software in place and running on your devices. Failure to do so may result in additional charges and fees. In order to subscribe to our plans, your device must be virus free at the time of purchase. If we find that your device is infected by a virus, we may require that you purchase a plan to clean to clean your device first.

EXCLUSIONS FROM "SERVICES”


"Services” shall not include the following:

  • Any item or activity not covered by the terms of a Plan Order;
  • Service beyond the duration limitations identified in your Plan Order;
  • Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
  • Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
  • Problems that may and do result from:
    • External causes such as accident, abuse, misuse, or problems with electrical power;
    • Usage that is not in accordance with product instructions provided by manufacture;
    • Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance;
    • Problems caused by using accessories, parts, or components not compatible with the product.
    • Non Compliance with the Nyxology technician instructions for resolving the query

THIRD PARTY PRODUCTS


As part of the Services, Nyxology may suggest that you acquire, install and use certain third party software or services ("Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Nyxology assists you in the acquisition, installation, and/or use of Third Party Software. Nyxology has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.

Your license to the Nyxology Software shall remain in full force and effect unless and until terminated by Nyxology, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the Nyxology Software and immediately delete the Nyxology Software from your computer.

To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

THIRD PARTY AGREEMENTS


As part of the Services, Nyxology may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Nyxology may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Nyxology’s sole discretion, result in the termination of your customer account and use of service.

LIMITED SERVICE WARRANTY


NYXOLOGY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW NYXOLOGY TO RE-PERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.

SOME OF THE NYXOLOGY SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT. NYXOLOGY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. NYXOLOGY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NYXOLOGY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.

IN NO EVENT SHALL NYXOLOGY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS. UNDER NO CIRCUMSTANCES NYXOLOGY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SOFTWARE OR HARDWARE OF YOUR PC.

LIMITATION OF LIABILITY


Notwithstanding anything to the contrary in no event shall Nyxology be liable to you in excess of the amounts actually paid by you to Nyxology under the Plan Order that is the subject of the dispute or the amount actually paid by you for buying the software product.

LIMITATIONS ON ACTIONS


Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

TERM AND TERMINATION


Nyxology at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Nyxology: (a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Nyxology’s network, or the use and enjoyment of Nyxology’s other users; (c) Nyxology receives an order from a court to terminate the Service you are availing ; (d) if Nyxology for any reason ceases to offer the Service; (e) if you are no longer a Nyxology customer, or (f) Nyxology determines that you are abusing the Service. Nyxology, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

MODIFICATION


Nyxology reserves the right to amend the Terms and Condition, and the Nyxology Portal at any time by (a) posting a revised version of the Terms and Conditions on the Nyxology Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Nyxology in connection with registration. You are responsible for regularly reviewing the Nyxology website to be notified of any amendments to the Terms and Conditions.

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