§ 1. Terms of Agreement

1.1) These terms apply to all business transactions and collaborations between Nisus Solutions (Pvt) Ltd (“Nisus Solutions”) and the Customer, unless otherwise agreed in writing.

§ 2. Communication

2.1) All binding communication between Nisus Solutions and the Customer may be conducted via letter or e-mail, unless otherwise agreed.

§ 3. Offers

3.1) All offers from Nisus Solutions are valid for 14 days from the date of issue unless otherwise stated.

3.2) Offers may be accepted via e-mail. Certain agreements or licenses may also require a signed document before becoming effective.

§ 4. Consulting and Support Services

4.1) All inquiries to Nisus Solutions are considered requests for billable assistance unless they relate to a prepaid service or simple price inquiry.

4.2) On-site assistance is billed per hour commenced, starting from the time the consultant departs for the Customer’s location until return.

4.3) Remote or telephone support is billed per quarter hour commenced.

4.4) Travel is billed per kilometer or per hour of travel, and the Customer reimburses all related expenses such as tolls, parking, or air travel.

§ 5. Prices and Payment

5.1) All prices are exclusive of VAT, installation, delivery, and setup, unless otherwise stated.

5.2) Payment must be made within 14 days of invoice date unless otherwise agreed or advance payment is required.

5.3) Products procured from third parties (hardware/software) will be invoiced upon delivery to Nisus Solutions or the Customer.

5.4) Prepaid service packages and maintenance agreements must be paid in advance.

5.5) Full payment is due even if delivery is postponed due to the Customer’s circumstances.

5.6) A reminder fee of LKR 500 (excluding VAT) will be charged per reminder notice.

5.7) Late payments will incur default interest of 2% per month or part thereof.

5.8) In case of overdue payments, Nisus Solutions reserves the right to suspend all ongoing services, deliveries, or hosting access until full payment is received.

5.9) Nisus Solutions retains ownership of all delivered goods until full payment is made.

5.10) Failure to pay entitles Nisus Solutions to terminate agreements and claim compensation for resulting losses.

§ 6. Documentation

6.1) Customers with an active service agreement or support package may receive login details upon request.

6.2) Nisus Solutions maintains basic installation records only.

6.3) Detailed documentation or user guides may be provided under a separate agreement and at an additional cost.

§ 7. Installation and Setup

7.1) Nisus Solutions determines whether preparation occurs on-site or at its own facilities.

7.2) The Customer must ensure that all necessary infrastructure—such as power, internet, cabling, environmental conditions, SIM cards, access credentials, and valid software licenses—is in place prior to installation.

7.3) Any delays caused by the Customer’s failure to meet these requirements will be billed as additional time.

7.4) The Customer is responsible for disposing of all packaging unless otherwise arranged.

7.5) The Customer bears responsibility for the accuracy of any technical or capacity information provided to Nisus Solutions for solution design or dimensioning.

7.6) Upon completion, the Customer must store all licenses, keys, and installation media securely.

§ 8. Prepaid Support Packages

8.1) Prepaid packages are invoiced upon creation and valid for 24 months from the invoice date.

8.2) All consulting services can be charged against a prepaid balance unless covered by another agreement.

8.3) Prepaid packages are non-transferable and non-refundable.

8.4) The Customer may request a usage report at any time.

§ 9. Subscriptions

9.1) Nisus Solutions provides various subscription-based services such as software licensing, hosting, and domain management.

9.2) A subscription agreement is considered entered into when the invoiced period (e.g., annual, quarterly) is stated.

9.3) Subscriptions automatically renew unless canceled in writing at least one month before the renewal date.

9.4) Prices may be adjusted to reflect supplier increases without prior notice.

9.5) The Customer is responsible for any operational or security issues arising from non-renewal or cancellation of a subscription.

9.6) If the subscription includes data storage or backup, the Customer must ensure retrieval of data before termination unless otherwise agreed.

9.7) Unpaid subscriptions may be suspended, and reactivation will be subject to new terms.

§ 10. Hosting and Cloud Services

10.1) Hosting services are provided through subcontractors selected by Nisus Solutions, whose terms also apply.

10.2) Temporary downtime may occur due to maintenance or factors beyond Nisus Solutions’ control.

10.3) Nisus Solutions is not liable for unavailability, data loss, or downtime caused by external factors or customer mismanagement.

10.4) Loss of encryption keys by the Customer may result in irreversible data loss for which Nisus Solutions is not responsible.

§ 11. Service Agreements

11.1) A service agreement exists once a signed contract and invoice have been issued.

11.2) Scheduled visits or inspections are carried out as agreed, and Nisus Solutions coordinates times with the Customer.

11.3) The Customer must provide full access to relevant systems and devices during service sessions.

11.4) Unless otherwise requested, service visits may include review of updates, backups, and system health.

11.5) Additional work or recommendations resulting from service visits will be subject to separate billing.

11.6) Service agreements may be terminated by either party with one month’s written notice prior to the end of the billing period.

11.7) Travel costs are billed in accordance with §4.

11.8) Missed or unsuccessful service visits due to Customer unavailability are considered completed.

11.9) Nisus Solutions may install diagnostic tools to monitor or optimize system performance as part of the service.

§ 12. Development and Custom Work

12.1) The Customer receives a license to use developed software, websites, or systems, to the extent legally transferable.

12.2) Nisus Solutions retains the right to reuse or adapt generic elements or concepts developed under contract.

§ 13. Delivery

13.1) Delivery terms, location, and timeframes are specified in the order confirmation.

13.2) Delivery occurs either to Nisus Solutions or directly to the Customer, depending on the agreement.

13.3) Software is considered delivered once installed or made available for Customer use.

13.4) Consulting services are considered delivered upon completion of agreed tasks.

13.5) Nisus Solutions is not liable for delays caused by suppliers or external factors.

13.6) Freight, delivery, and handling charges may apply.

§ 14. Complaints and Errors

14.1) The Customer must report defects or delays immediately upon discovery.

14.2) Hardware/software must be inspected promptly after receipt.

14.3) Claims related to setup or configuration must be submitted within five business days of commissioning.

14.4) Complaints must specify the issue and desired resolution.

14.5) Nisus Solutions may, at its discretion, choose between repair, replacement, or partial refund.

§ 15. Liability and Limitations

15.1) Nisus Solutions is liable only for direct damages resulting from negligence or willful misconduct.

15.2) Nisus Solutions is not responsible for indirect or consequential losses, including lost profits, data loss, or third-party claims.

15.3) Liability does not cover network outages, power failures, or third-party service interruptions.

15.4) Total liability shall not exceed the total payments made by the Customer to Nisus Solutions within the six months preceding the incident.

15.5) For hardware/software purchases, compensation is limited to the product’s purchase price.

§ 16. Force Majeure

16.1) Nisus Solutions shall not be held liable for delays or failures caused by circumstances beyond its reasonable control, including but not limited to strikes, war, natural disasters, power outages, supply shortages, or government restrictions.

16.2) If such circumstances persist for more than six months, either party may terminate the agreement with 14 days’ written notice.