Terms & Conditions – Technical Support

The following Terms and Conditions define the terms of Engagement between Nishtha Business Services Limited (hereinafter also referred to as “Us”) and the Client (hereinafter also referred to as either “Client” or “You”), for the provision of Technical Support services

  1. Definitions:
    1. “CMS” refers to Content Management System(s).
    2. “Components” refer to CMS, Extensions, Modules, Plugins.
    3. “Content” refers to text, images, videos and other media that are displayed to a website’s users.
    4. “Functionality” refers to the range of operations that can be performed in a website by its users.
    5. “Registered user” refers to users who have registered on the website, either on their own accord or by a Website Administrator.
    6. “Store customer” refers to a person who has completed a purchase in the online store.
    7. “Technical” refers to scripts, codes, frameworks, technological platforms that work together or individually to ensure that the content and functionalities of a website are displayed and/or performed as expected.
    8. “User” refers to any member of the public who is viewing or using the website to perform an activity or a series of activities.
    9. “Working day” refers to any day between Monday and Friday (both days inclusive), excluding any Bank/Public Holiday.
  2. In Scope: The following services are included as part of this service:
    1. Resolution of technical issues linked to functionalities and/or components designed, developed and installed/implemented by Us.
    2. Resolution of technical issues not linked to functionalities and/or components designed, developed and installed/implemented by Us, but existing prior to the start of the engagement.
    3. Managing updates to existing CMS, Extensions, Modules, Plugins and similar components.
  3. Out of Scope: The following are excluded from this service:
    1. Resolution of technical issues not linked to functionalities and/or components designed, developed and installed/implemented by Us.
    2. Resolution of technical issues linked to functionalities and/or components designed, developed and installed/implemented by Us, in case We have explicitly opined against usage of such functionality and/or component.
    3. Any addition/alteration to existing design, functionalities, components not directly arising out of the need to fix/resolve an issue that is covered within the scope of this service.
  4. Response & Resolution Timelines:
    1. The initial response time will be within 1 working day of an issue being reported.
    2. Resolution of issues will be prioritised based on impact caused due to such disruption.
    3. The actual time taken to resolve an issue will depend on the nature of the issue.
  5. Minimum Period and Termination:
    1. The initial engagement is for a minimum period of 12 months.
    2. On the expiry of the initial engagement period of 12 months, the engagement will renew automatically for a further period of 12 months unless Client has provided a notice of termination.
    3. The Client may choose not to renew the engagement after the expiry of the current engagement period by contacting Us and providing notice of the intention to do so.
    4. Any notice of termination should be provided 30 days prior to the expiry of the current engagement period.
    5. Services may be temporarily suspended or permanently terminated by Us if Your account is in arrears. No further notice of such suspension or termination will be provided by Us.
    6. If We are not able to provide the services to You, for any other reason whatsoever, We shall provide you notice of cessation/discontinuation of such service at least 30 days prior to such cessation/discontinuation.
  6. Billing and Payment:
    1. Payments will be collected on a monthly basis, in advance at the beginning of the period.
    2. Invoices will be sent via electronic means via e-mail to the point of contact assigned by the Client. It is Your responsibility to ensure that the e-mail does not get filtered out in an unwanted manner due to any junk, spam and/or quarantine measures implemented at Your end.
    3. Payments will be collected via Direct Debit.
    4. Failed payments will incur a charge of £1 per day of default, subject to a minimum charge of £10, plus any charges imposed by our bank or collection agent.
  7. Refunds:
    1. No refund is permissible under any circumstance. This does not affect your Statutory Rights.
  8. Applicable Law:
    1. Any dispute will be governed solely by the Laws of England and subject to the sole jurisdiction of the Courts in of England.