Effective Date: 1st July 2024
These Terms and Conditions (“Agreement”) govern the use of the software and services provided by Next Century Software (“NCS” or “Company”). By using our software and services, you (“Customer”) agree to be bound by these terms.
1. Definitions
Software: Refers to all software products provided by NCS, including SaaS, desktop, web, and mobile applications.
Services: Refers to all support, maintenance, and other services provided by NCS in relation to the Software.
License: The right to use the Software as granted by NCS under this Agreement.
Customer: Any entity or individual who has been granted a License to use the Software by NCS.
2. Grant of License
2.1 License Period: All applications are licensed for a specified period. Renewal of the license is mandatory to continue using the application.
2.2 Suspension of License: If there are no transactions between the Customer and NCS within a 15-month period, NCS reserves the right to suspend the Customer’s license, support, and other services immediately and permanently. To continue using the Software after suspension, the Customer must purchase a new license by paying the required fees.
2.3 Suspension of Web Applications: If there are no transactions between the Customer and NCS within a 3-month period, NCS reserves the right to suspend the Customer’s license, support, and other services and delete their data from our servers immediately and permanently. To continue using the web application after suspension, the Customer must purchase a new account by paying the required fees and bear any other expense required to continue the service.
3. Warranty Disclaimer
To the maximum extent permitted by applicable law, NCS and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the Software, the accompanying written materials, and any accompanying hardware.
4. Data Privacy and Security
4.1 Desktop Application Software
4.1.1 Data Custody: NCS does not retain the Customer’s data within its custody and does not share the Customer’s business information with other customers.
4.1.2 Data for Error Correction: Occasionally, NCS may require access to the Customer’s data for error correction or debugging purposes. This data acquisition is performed only with the Customer’s consent and is used solely for improving the Software. The data is destroyed after the error is resolved.
4.1.3 Use of Data: Some data or information may be used by NCS with the Customer’s consent for purposes other than error correction, such as software improvement or analytics.
4.2 Web Application Software
4.2.1 Data Custody: NCS does retain the Customer’s data within its custody but does not share the Customer’s business information with other customers.
4.2.2 Data for Error Correction: Occasionally, NCS may require access to the Customer’s data for error correction or debugging purposes. This data access is performed only with the Customer’s consent and is used solely for improving the Software.
4.2.3 Use of Data: Some data or information may be used by NCS with the Customer’s consent for purposes other than error correction, such as software improvement or analytics.
5. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall NCS or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software, even if NCS has been advised of the possibility of such damages.
6. Termination
NCS reserves the right to terminate this Agreement and revoke the License if the Customer breaches any terms of this Agreement. Upon termination, the Customer must cease all use of the Software and destroy all copies, full or partial, of the Software.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Pakistan, without regard to its conflict of law principles.
8. Changes to Terms
NCS reserves the right to change these Terms and Conditions at any time. The Customer will be notified of any changes and continued use of the Software and Services will constitute acceptance of the new terms.
9. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact NCS at:
Next Century Software
Office # 730, Regal Trade Square, Regal Chowk, Saddar, Karachi, Pakistan
info@ncs-pk.com
By using our Software and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
