Terms of Service
By accessing the website at www.neoito.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Permission is granted to temporarily download one copy of the materials (information or software) on Neoito Technologies Pvt. Ltd.'s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
The materials on Neoito Technologies Pvt. Ltd.'s website is provided on an 'as is' basis. Neoito Technologies Pvt. Ltd. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Neoito Technologies Pvt. Ltd. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event, shall Neoito Technologies Pvt. Ltd. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Neoito Technologies Pvt. Ltd.'s website, even if Neoito Technologies Pvt. Ltd. or a Neoito Technologies Pvt. Ltd. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
He materials appearing on Neoito Technologies Pvt. Ltd.'s website could include technical, typographical, or photographic errors. Neoito Technologies Pvt. Ltd. does not warrant that any of the materials on its website are accurate, complete or current. Neoito Technologies Pvt. Ltd. may make changes to the materials contained on its website at any time without notice. However, Neoito Technologies Pvt. Ltd. does not make any commitment to update the materials.
Neoito Technologies Pvt. Ltd. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Neoito Technologies Pvt. Ltd. of the site. Use of any such linked website is at the user's own risk.
Neoito Technologies Pvt. Ltd. may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the latest updated version of these terms of service.
These terms and conditions are governed by and construed in accordance with the laws of the Republic of India and you irrevocably submit to the exclusive jurisdiction of the courts in the State of Kerala.
Acceptable User Policy
When Using our services (the “Service” or “Services”), our servers or network (“Network”) and any products or content you must comply with all applicable laws, and our policies, rules and limits including this Acceptable Use Policy (“AUP”). This AUP complement and is incorporated to Neoito Technologies Pvt. Ltd.’s Terms of Service (“TOS”) which accompanies the AUP. You are responsible for any misuse of the Services, by you or by any other person with access to the Services through your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services through any means. The AUP is designed to protect Neoito Technologies Pvt. Ltd., its employees, customers and other persons from harm or damages caused by the misuse of Neoito Technologies Pvt. Ltd.’s network (the “Network”) and its data. The term “misuse” shall include both the deliberate and inadvertent violations of the present AUP. The AUP also aims to give customers and users a clear understanding of what Neoito Technologies Pvt. Ltd. expects from them while using the Network and Services. The present AUP as well as the TOS apply to any person or entity accessing the Network, whether or not they are customers of Neoito Technologies Pvt. Ltd. (“Customers”). If you do not agree to be bound by the TOS and the AUP, as amended from time to time, you should immediately stop using the Services and notify Neoito Technologies Pvt. Ltd. that you are terminating the Services.
Without limitation, you may not use or allow anyone else to use our Services to:
As mentioned hereinabove, the Services may not be used to send unsolicited, bulk or commercial message or for any other unsolicited communications. Furthermore, you must not use the Services to send messages that disrupt another Internet user’s equipment, software, hardware or user display and you must not forge, alter or obscure your identity (other than a nickname) while using the Services.
Neoito Technologies Pvt. Ltd. reserves the right to do maintenance and manage the Network to optimize its efficiency and remove any security threats or material in violation of the AUP and TOS. Such operations include, without limitation, rejection or removal of SPAM or unsolicited bulk e-mail, filtering, use of anti-virus programs, etc. Neoito Technologies Pvt. Ltd. may take any actions it deems advisable, in its sole an absolute discretion, to ensure the integrity of the Network.
Neoito Technologies Pvt. Ltd. reserves the right to remove or refuse to post any content, in whole or in part, that, in its sole discretion, determines to be unacceptable or in violation of the TOS or AUP. Such unacceptable content includes, without limitation:
Neoito Technologies Pvt. Ltd. requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at email@example.com. If available, please provide the following information:
Other situations will require different methods of providing the above information. Neoito Technologies Pvt. Ltd. may take any one or more of the following actions without limitation and in its sole and absolute discretion, in response to complaints:
We reserve the right to revise, amend, or modify this AUP, TOS and our any other of our policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS.
Although Neoito Technologies Pvt. Ltd. has the right to monitor or investigate any content that is transmitted using its Network and to access or preserve content or information, under no circumstances shall Neoito Technologies Pvt. Ltd. be considered to have the obligation to act as such. Neoito Technologies Pvt. Ltd. prioritizes the consensual resolution of inappropriate or unacceptable conduct by Customers however, if the Services or the Network are used in a way that Neoito Technologies Pvt. Ltd., in its sole discretion, believes violates this AUP, Neoito Technologies Pvt. Ltd. may take any actions it deems advisable and appropriate. These actions include, without limitation, temporary or permanent removal of content, filtering of Internet transmissions and/or termination of all or part of the Services on your account, the whole without prior notice. Neoito Technologies Pvt. Ltd. will have no liability for any such responsive actions. The above-mentioned responsive actions are not exclusive remedies and Neoito Technologies Pvt. Ltd. reserves the right to take any legal or technical action deemed advisable and appropriate. Neoito Technologies Pvt. Ltd.’s failure to enforce the AUP, for whatever reason, shall not be construed as a waiver of its right to do so at any time.
This AUP shall be governed and construed under the laws of the Republic of India.
If any term or other provision of this AUP is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this AUP shall nevertheless remain in full force and effect and shall be construed consistent with the laws of the Republic of India.
Service Level Agreement
The Neoito Technologies Pvt. Ltd. Communications (“Neoito Technologies Pvt. Ltd. ”) Service Level Agreement (“SLA”) applies to all web hosting services. This SLA serves to mutually establish eligibility for any applicable Performance Credit and is to be understood in context of our Terms of Service, which is available on our website or upon request. The client agrees that Neoito Technologies Pvt. Ltd. establishes the internal measures that apply and are subject to eligible performance credit. In the event of a discrepancy in application of the internal measurements, the customer shall promptly notify Neoito Technologies Pvt. Ltd. and the customer and Neoito Technologies Pvt. Ltd. will agree on the validity of the claim, accuracy of the internal measurement and client’s eligibility for performance credits.
When used in this Agreement, the following terms shall have the meanings set forth below:
shall mean any person or entity that, directly or indirectly, controls, is controlled by or is under common control with a party. “Control” shall mean the power to direct or cause the actions, policies and/or management of such person or entity by the ownership of stock, ownership of voting security, contract or any other method.
shall mean any information disclosed by the disclosing party to the receiving party in any manner or form, provided it is clearly identified at its disclosure as confidential or confirmed in a writing as confidential during or contemporaneous to the disclosure or within thirty (30) days of disclosure, or any information (whether or not specifically identified as confidential) that the receiving party knew, or reasonably should have known under the circumstances, was confidential and had been communicated to it in confidence. Confidential Information shall include without limitation, techniques, methods, processes, compositions, formulae, plans, drawings, images, specifications, products, devices, prototypes, samples, demonstrations, software, source code, algorithms, programs, customer information, supplier information, business policies, business practices, business processes, financial data, economic data, economic evaluations, economic information and business information, all materials clearly identified as confidential or proprietary and any information described within this Section obtained by a third party which the disclosing party treats as proprietary or confidential information. Confidential Information also includes the fact that Neoito is engaged in discussions with the Supplier. Confidential Information will not include information: (i) lawfully known to the receiving party at the time of receipt from the other party, as shown by the receiving party’s contemporaneously-created written records; (ii) generally known or available to the public through no act or failure to act by the receiving party; (iii) furnished to third parties by the disclosing party without restriction on disclosure; or (iv) furnished to the receiving party by a third party as a matter of right, without restriction on disclosure and not in violation of any contractual, legal, or fiduciary obligation of such third party.
shall mean the permitted uses of Confidential Information described in this Section 1.3. The Supplier may use Neoito Confidential Information to determine how the Supplier’s technology, products, or services could meet Neoito needs and to discuss the possible use of the Supplier’s technology, products, or services by Neoito. Neoito may use the Supplier’s Confidential Information to evaluate the Supplier’s technology, products, or services and to discuss the possible use of the Supplier’s technology, products, or services by Neoito and vice versa.
Each party acknowledges that it may receive or have access to the other party’s Confidential Information. To the extent that a party needs to share the other party’s Confidential Information with its employees, Affiliates or contractors in connection with the Purpose, a party may disclose such Confidential Information to such employees, Affiliates and contractors on a need-to-know basis and provided that such employees, Affiliates and contractors are contractually obligated to protect the confidentiality and restrict the use of disclosures provided by third parties and such obligations are substantially similar to the terms of this Agreement. The receiving party will immediately notify the disclosing party in writing in the event of any loss or unauthorized disclosure or access of or to the Confidential Information.
The parties may use this Agreement to disclose the Confidential Information for a period of no more than two (2) years, beginning on the Effective Date (“Disclosure Period”). All disclosures of the Confidential Information made after the Disclosure Period are not governed by this Agreement except as permitted by a written amendment to this Agreement.
All Confidential Information received by the receiving party will be held in confidence for a time period beginning on the Effective Date until three (3) years after the expiration of the Disclosure Period and used only for the Purpose. The obligation to maintain the confidentiality of the Confidential Information will survive any termination of this Agreement. The receiving party will protect the Confidential Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, disclosure, dissemination or publication of the Confidential Information as the receiving party uses to protect its own comparable confidential information and trade secrets. Any permitted reproduction of Confidential Information will contain all confidential or proprietary legends that appear on the original.
The receiving party acquires no right to the Confidential Information beyond those specified by the Purpose. The Confidential Information may only be used for the Purpose. Except as provided by this Agreement, the disclosing party does not convey, grant or otherwise transfer any license to use, interest in or ownership of the Confidential Information to the receiving party. The receiving party will not take any action to jeopardize, limit or interfere in any manner with the disclosing party’s ownership of the Confidential Information. The disclosing party reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the Confidential Information.
This Agreement will expire five (5) years after the Effective Date.
Upon termination of this Agreement or receipt of the written request of the disclosing party, the receiving party will return or give written certification of the destruction of all Confidential Information and any and all copies, descriptions, documentation, drawings, images, models, opinions, photographs, reports and summaries of or based on the Confidential Information in the receiving parties, its Affiliates’ and contractors’ possession or control
The receiving party warrants that its Affiliates and contractors will protect and use the Confidential Information with the same standard of care as the receiving party and the receiving party will be responsible and assume all liability for any unauthorized use, disclosure and access of or to the Confidential Information by its Affiliates and contractors. The disclosing party warrants that it has the right to disclose the Confidential Information to the receiving party. The disclosing party provides the Confidential Information “AS IS” and without warranty. The disclosing party disclaims all common law and statutory warranties relating to the Confidential Information’s accuracy, completeness, reliability, quality, fitness, maintenance and use, including the implied warranties of merchantability and fitness for a particular purpose.
Each party acknowledges that the other party may currently or in the future be developing information, products or services internally, or receiving information from third parties that may be similar to the Confidential Information. Nothing in this Agreement will be construed as a representation that either party will not: (i) develop products or services; (ii) have products or services developed for it; or (iii) enter into joint ventures, alliances, or licensing arrangements that, without violation of this Agreement, compete with the products or services embodying the Confidential Information.
If the receiving party is required by a governmental order, including judicial or administrative process, to disclose any Confidential Information, the receiving party will promptly notify the disclosing party of such requirement so that the disclosing party may seek an appropriate protective order. For the limited purpose of complying with any judicial or administrative process, the disclosing party will be deemed to have waived compliance with this Agreement without further action if the receiving party has given notice in accordance with the terms of this Agreement and the disclosing party has had a reasonable opportunity to seek a protective order.
All notices pertaining to the terms and conditions of this Agreement will be addressed and sent as follows: If to Neoito Technologies Pvt. Ltd.: Neoito,
If to the Supplier:
The parties agree that a breach or threatened breach of any provision of this Agreement will cause irreparable harm to the non-breaching party for which the remedy at law would be inadequate. The non-breaching party is entitled to seek all available remedies at law and in equity, including injunctive relief, to enforce any provision of this Agreement and to restrain the breaching party from using or disclosing, in whole or in part, directly or indirectly, any Confidential Information in breach of this Agreement
The parties do not intend to create any agency or partnership relationship or any obligation to purchase, sell or license any product or service between the parties.
This Agreement will be governed by and interpreted with the substantive law of India, excluding conflicts of law principles. The Courts in Trivandrum, Kerala shall have exclusive jurisdiction to decide any disputes arising out of this Agreement.
Neither party may assign this Agreement or enter into any agreement that may result in a Change of Control of a party without the prior written consent of the other party. For purposes of this Section, Change of Control shall mean: (i) the adoption of a plan relating to the liquidation or dissolution of a party; or (ii) the consummation of any transaction, including, without limitation, any consolidation, merger, share exchange or other similar transaction in which any third party becomes the beneficial owner of a party. The rights granted under this Agreement will immediately terminate in the event of a party’s assignment of this Agreement or entry into an agreement that may result in a Change of Control of a party, unless the party has obtained the other party’s written consent thereto prior to the effectiveness of such assignment or agreement. Each party hereby consents to any assignment of this Agreement or agreement for the Change of Control by or of the other party which involves only a one-hundred percent (100%) commonly-owned affiliate of the assigning party, and in the case of an assignment, so long as the assignee agrees in writing to be bound by the terms and conditions of this Agreement. The terms and conditions of this Agreement will bind and inure to the benefit of the permitted successors and assigns of the parties.
Any amendment to or modification of this Agreement must be made in writing and signed by an authorized representative of each party. This Agreement is the complete and final agreement of the parties with respect to the subject matter. To the extent that the terms and conditions of this Agreement and any subsequently entered business agreement are inconsistent, the terms and conditions of the subsequent business agreement will govern.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, that provision will be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of the remaining provisions will not be affected.
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one single agreement between the parties. A party’s facsimile signature to this Agreement delivered to the other party shall be sufficient to bind such party to this Agreement.
Each party represents that the representative signing this Agreement is duly authorized to sign on behalf of and bind the party to the terms of this Agreement.