Tāmaki Makaurau, Aotearoa
(Auckland, New Zealand)
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Terms of Service
Welcome to Datanest. Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the software development services and SaaS products provided by Datanest ("us", "we", or "our").
By accessing or using our services and products, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the service.
1. Services Provided Datanest offers software development services including, but not limited to, mobile and web application development, website creation, desktop application development, backend systems, and software integration services. We also offer Software as a Service (SaaS) products developed in-house.
2. Use of Services You agree to use our services and products for lawful purposes and in accordance with these Terms. You will not use our services to infringe on any third party's intellectual property rights, to conduct any fraudulent activity, or in any way that could harm us or any third party.
3. Accounts When you create an account with us, you must provide us with accurate and complete information. You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password.
4. Intellectual Property All intellectual property rights in the services and products provided by Datanest, including but not limited to software code, designs, and SaaS products, are the property of Datanest or our licensors.
5. License to Use Subject to your compliance with these Terms, Datanest grants you a non-exclusive, non-transferable, revocable license to access and use the services and SaaS products provided by Datanest for your business purposes.
6. Payment and Billing Fees for our services are agreed upon in advance and are subject to the terms of any proposal or contract you accept. Payment terms are net 30 days from the invoice date unless otherwise agreed upon. Late payments may incur additional charges.
7. Cancellation and Termination You may cancel your use of our services at any time. We reserve the right to suspend or terminate your access to the services if you are in breach of these Terms.
8. Modifications to the Service We reserve the right to modify or discontinue, temporarily or permanently, the service or any part thereof with or without notice.
9. Warranties and Disclaimers We provide our services "as is" and "as available" without any warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability Datanest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of or inability to access or use the services.
11. Indemnification You agree to defend, indemnify, and hold harmless Datanest and its licensee and licensors, and their employees, contractors, agents, officers, and directors from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of and access to the services, or from or in connection with any content uploaded to the services by you.
12. Governing Law These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
13. Changes to Terms We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
14. Contact Us If you have any questions about these Terms, please contact us at hello@datanest.co.nz.