Terms and Conditions
Thank you for visiting our website. Please read these terms and conditions (“Terms and Conditions“) carefully before using the website and services. These terms & conditions create a contract between you & NextGen DigiTech Ltd. You certify that you are at least 18 years of age. To become our account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by us. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access this Site.
The Site reserves the right to amend, modify, add, change, or remove portions of these Terms and Conditions under this Agreement at any time without any prior notification. Changes will be effective once posted on the Site without any notice provided on the Site or by any other means. You shall check these Terms and Conditions regularly for updates. Your continued use of the site once the changes of Terms and Conditions had been made shall be construed as your acceptance of the changed Terms and Conditions. Hence, you shall adhere to the subsequent changes accordingly and agree to be held accountable for non-compliance with any terms as contained herein.
Introduction
NextGen DigiTech Ltd. is a private research-based technology organization in Dhaka, Bangladesh primarily focused on professional software solutions, providing engineering & IT system design consultancy.
Acceptance of Terms & Conditions
(i) While accessing and using this Site or the Services, you agree to comply with all applicable laws and regulations of Bangladesh. You may be denied access or use of the Services or the Site and may not accept the Terms and Conditions if you are not permitted to receive any Services under the laws of Bangladesh.
(ii) You agree not to undertake any action to undermine the integrity of the systems or networks of NextGen DigiTech Ltd. and/or any other user nor to gain unauthorized access to such systems or networks.
(iii) You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases, or listings, etc. available on or through the Site and (b) you will not copy, reproduce, download, compile or otherwise use any Site content for the purposes of operating a business that competes with NextGen DigiTech Ltd. or otherwise commercially exploiting the Site content. Systematic retrieval of Site content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from NextGen DigiTech Ltd. is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms and Conditions is prohibited.
(iv) You agree to grant an irrevocable, permanent, worldwide and sub-licensable (through multiple tiers) license to NextGen DigiTech Ltd. to adapt, modify, translate, display, transmit, distribute, reproduce, publish, duplicate, display, create derivative works, and otherwise use any or all of the user content in any form, media, or technology now known and for any purpose in future which may be beneficial to NextGen DigiTech Ltd., the operation of the Site, the provision of any Services and/or the business of the user. You confirm and warrant to NextGen DigiTech Ltd. that you possess the entire authority, rights, and power necessary to grant the above license. Information that is protected under data protection laws shall only be used and kept in compliance with the stated laws through posting or displaying any information, content or material on the Site or providing any user content to NextGen DigiTech Ltd. or our representative(s), and to the extent permitted under applicable laws.
(vi) Users must not misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
(vii) Users must not submit or contribute any information or content that contains nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, derogatory or uses bad or rude language, as NextGen DigiTech Ltd. may decide in its absolute discretion.
(viii) Users must not submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
Scope of Services
(i) As part of the Services, we will also provide your own web-based control panel (the “Control Panel”).
(ii) Our servers are located in various countries; so by purchasing this service you are agreeing that you will abide by the laws of various countries mentioned in the agreement. You are responsible for producing, electronically uploading, and maintaining HTML files, execution scripts, applets, and applications (the “Upload Materials”) to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as message forums, file uploads, etc). Use of our Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Perl, Php, CShell scripts, permissions, etc.; and mail requires knowledge of the use of mail clients to receive and send mail, setup, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. While we will make every attempt to assist you, we assume no responsibility to provide you with such knowledge.
(iii) We reserve the right to monitor our systems electronically and to access and disclose any information as permitted or required by any law, regulation, or another governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserve the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not our intention that our Services or facilities be used in contravention of the Communications Decency Act of 1996 (the “CDA”) of the USA or any other applicable law of the country where our server is located.
(iv) Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on our servers nor the links to other websites are screened, approved, reviewed, or endorsed. We are not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and are acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not our statements of advice, opinion, or information.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, will we or our subsidiaries, parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including its materials, products, or services, or third-party materials, products, or services made available through the site, even if we are advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiaries, parent companies and affiliates, is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, or any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site.
Resolution of Disputes
In the event of a dispute between the parties, the dispute shall be resolved in accordance with the Dispute Resolution Procedures annexed to this Agreement as Exhibit DRP and incorporated herein.
Dispute Resolution Procedures:
- Mediation
(a) Except in the case of a party seeking injunctive relief, this Exhibit DRP governs any dispute, disagreement, claim, or controversy between the parties arising out of or relating to the User Agreement (the “Agreement”) to which this Exhibit DRP pertains (the “Disputed Matter”). All Disputed Matters shall be submitted to the following dispute-resolution process:
(i) Internal Mediation. Each party which is an entity shall designate a dispute resolution officer (the “Dispute Resolution Officer”) who shall have principal responsibility and authority to resolve disputes between such party and the other party. Any individual who is a party to a Disputed Matter shall appear on his or her own behalf. In the event a dispute arises between parties under the Agreement, the Dispute Resolution Officers, and/or such individuals, as the case may be, shall use their best efforts to resolve the Disputed Matter within five (5) business days after the matter has been submitted for resolution. If such persons do not agree upon a decision within five (5) days after the referral of the matter to them, the parties shall proceed to the next stage of the dispute resolution procedure.
(ii) Outside Mediation. Either party may, upon written notice and within five (5) days after the conclusion of internal mediation, elect outside mediation. In outside mediation, each party which is an entity shall designate a person (with authority to settle a dispute) who will sit on a panel, along with each party that is an individual and a mutually acceptable neutral adviser. Each party will present its case to the panel at a hearing which will occur no more than ten (10) days after a party serves written notice to use outside mediation. Each party may be represented at the hearing by attorneys. If the matter cannot be resolved at such hearing by the parties, the neutral adviser may be asked to assist the parties in evaluating the strengths and weaknesses of each party’s position on the merits of the Disputed Matter. Thereafter, the parties shall meet and try again to resolve the matter. The mediation proceedings will have been without prejudice to the legal position of either party. No litigation may commence concerning the Disputed Matter until fifteen (15) days have elapsed from the last day of the final hearing. The parties shall each bear their respective costs incurred in connection with this procedure, except that they shall share equally the fees and expenses of the neutral adviser and the costs of the facility for the hearing. NextGen DigiTech Ltd and the user agree to use their best efforts to mutually agree on the use of a facility for which no charge will be made.
(b) Except in connection with seeking an injunction not involving the obtaining of money damages, neither party will institute any action or proceeding against the other party in any court concerning any Disputed Matter until the mediation procedures have been completed.
Community Rules
The Site may include a variety of features, such as blogs, photo- and video-sharing pages, and social networking features that allow feedback to us and allow users to interact with each other on the Site and to post content and materials for display on the Site.
(i) Restrict or inhibit any other user from using and enjoying the Site.
(ii) Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(iii) Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
(iv) Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
(v) Gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining, or other illicit means.
(vi) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
(vii) Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
(viii) Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
(ix) Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component
(x) Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
(xi) Use the Site to advertise or solicit anyone to buy or sell services, or to make donations of any kind, without our express written approval.
(xii) Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
(xiii) Contact anyone who has asked not to be contacted.
(xiv) Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on our Site (such as submitting an excessive number of messages – i.e. a flooding attack), or that otherwise negatively affects other users’ ability to use the Site and/or services.
(xv) We reserve the right to deny access to the Site or any features of the Site to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
General
We do not guarantee continuous, uninterrupted or secure access to our Site, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Right to Terminate Agreement
(a) We reserve the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that we, in our sole discretion, believe violates this Agreement or is otherwise harmful to our interests or the interests of other accountholders. (b) We also reserve the right to comply with the take-down provisions of the Digital Millennium Copyright Act (DMCA) of USA and to seek injunctive, declaratory, interpleaded or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.
(b) Change of Ownership: If the owner of the service wants to change the ownership or wants to transfer the ownership to another company or individual, the current owner has to send an authorization letter on the company letterhead stating the details of the transfer.