Nextel Systems Ltd, is referred to in this document as (“Nextel Systems”). Nextel Systems Ltd is committed to respecting and protecting the personal information and data of its visitors and customers. This Privacy Policy covers the site www.nextelsystems.com Nextel Systems Ltd does not collect personally identifiable information (any information by which you can be identified) when you visit our site, unless as specifically provided in this Policy or if you choose to provide that information to us. Nextel Systems Ltd does NOT discriminate against individuals for exercising their privacy rights under applicable laws. This Policy is incorporated into, and made a part of, the Terms of Service (“TOS”) Agreement found at Terms of Service.

INFORMATION COLLECTED

Customers are asked to provide certain personal information when they sign up for Nextel Systems Ltd services, including name, address, email address, telephone number, and billing information (such as a credit card number). In addition, to register a domain name, customers are asked to provide this information for the registrant, administrative contact, technical contact and billing contact of the domain name for submission to the appropriate domain registry or registration database. Customers may also be asked to complete an online form that collects information about demographics, product usage and preferences, along with other information that will help us improve our products and services. Nextel Systems Ltd also makes use of technologies like cookies in order to keep track of visitors and registered customers and to relate one computer transaction to a later one. You may set your web browser to notify you when you receive a cookie or change the settings on your web browser to clear or disable cookies. If you decide to disable cookies, you may not be able to take full advantage of all of the features of Nextel Systems Ltd’ website. Please be aware that if you visit third party websites where you are prompted to log in or that are customizable, you may be required to accept cookies. Cookies do not enable third parties to access any of your personally identifiable information. However, advertisers and partners may also use their own cookies. Nextel Systems Ltd does not control use of these cookies and is not responsible for information collected through them. By becoming a customer, you expressly consent to the collection of the aforementioned information. The information that Nextel Systems Ltd collects is hosted on servers located in the United States (U.S.), unless otherwise provided. By using the Nextel Systems Ltd’ services, you freely and expressly give Nextel Systems Ltd your consent to export your information and data to the U.S.

USE OF INFORMATION

Nextel Systems Ltd does NOT trade, rent or sell your personal information or data to any other organization or third party, except as provided specifically in this Policy. Nextel Systems Ltd has structured its websites so that individuals may visit us on the Web without revealing personally identifiable information. Nextel Systems Ltd uses information it collects to provide and collect payment for its web hosting solutions and other services. Passively collected information, such as information collected from or about your device including through the placement or reading of cookies or other tracking technologies is used to provide a customized experience as you use Nextel Systems Ltd’ services. A) Customer Contact and Account Information The information collected from customers is used to manage each customer’s account (e.g., billing and account management) and to promote other products or services that Nextel Systems Ltd believe may be of interest to its customers. Nextel Systems Ltd may also generate non-identifying and aggregate profiles from information that customers provide during registration. Nextel Systems Ltd may use this aggregated and non-identifying information to promote advertisements that appear on Nextel Systems Ltd’ website and in connection with its services. All such aggregated and non-identifying information that Nextel Systems Ltd collects, as well as any analysis of such information that Nextel Systems Ltd produces, is proprietary information of Nextel Systems Ltd. B) Analytics and Statistics Nextel Systems Ltd uses information gathered from its website analytics (e.g., user IP addresses) to help diagnose problems with Nextel Systems Ltd’ servers, and to administer and optimize Nextel Systems Ltd’ website. Nextel Systems Ltd also collects broad demographic information from this data to help improve its website and services. Any statistics gathered by Nextel Systems Ltd are proprietary property of Nextel Systems Ltd. C) Support and Email Inquiries When customers send email inquiries and/or support requests to Nextel Systems Ltd, the return email address (and other personal information provided in the inquiry/request) is used to answer the email inquiry/request received. D) Customer Surveys Nextel Systems Ltd may use the contact information provided in customer surveys to follow up on survey answers. Nextel Systems Ltd may also contact you to highlight the changes Nextel Systems Ltd makes in response to your feedback. E) Confidentiality With the exception of trusted business partners who work with or on behalf of Nextel Systems Ltd, and are subject to specific confidentiality agreements, Nextel Systems Ltd will not provide or sell to any third party your personal information and will keep all customer information confidential, subject to the following:

1. Nextel Systems Ltd does not share personally identifiable information about individual users with advertisers. Nextel Systems Ltd may display online advertisements and share aggregated and non-identifying information about customers collected through the registration process or through online surveys and promotions with certain advertisers. This aggregated and non-identifying information may be used to deliver tailored advertisements.
2. Nextel Systems Ltd may share aggregated, non-personally identifying information obtained from customer surveys with third parties.
3. Nextel Systems Ltd may access, preserve and share customer information with companies, organizations, governmental entities, or individuals outside of Nextel Systems Ltd if we believe, in good faith and in our sole discretion, that the law requires us to do so. This may include, but is not limited to, responding to subpoenas, court orders or other legal processes. Nextel Systems Ltd may access, preserve, and share customer information as necessary to: establish or exercise Nextel Systems Ltd’ legal rights or defend against any claim including threatened claims; investigate, prevent, or take action regarding suspected fraud or other illegal activities; prevent death or serious physical harm to any person; or investigate violations of Nextel Systems Ltd’ Terms of Service.
4. In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers (“ICANN”) or certain registries, domain name registration information has to be made available and accessible to the public through a “WHOIS” search. The WHOIS is a publicly accessible database that lists the domain name registration information for a particular domain name, the name server(s) to which the domain name points, and the domain name’s creation and expiration date. Nextel Systems Ltd may deposit your domain registration information with a third-party escrow provider to comply with ICANN requirements. At times, customers may receive solicitations that result from searches of the publicly available databases by other companies or individuals. Any such solicitations or SPAM do not come from Nextel Systems Ltd and Nextel Systems Ltd does not control the use of WHOIS information by third parties.

DATA SECURITY

Nextel Systems Ltd uses multiple security measures to prevent the loss, misuse and alteration of the information under our control. Your data is protected using Secure Socket Layer (SSL) encryption technology, the industry standard. This encrypts order data and is designed to aid in ensuring the accuracy and security of that customer information. In the unlikely event of a data breach, Nextel Systems Ltd will notify the appropriate regulatory and/or legal authorities, as well as affected customers/individuals, within seventy-two (72) hours.

CUSTOMER OPTIONS

• Public ForumsBe advised that any information you may disclose or post in forums or other public areas of Nextel Systems Ltd’ website or the Internet, becomes public information. You should always exercise caution when deciding to disclose personal information in these public areas. To request removal of your personal information from Nextel Systems Ltd community forums or testimonials, contact Nextel Systems Ltd at privacy@Nextel Systems Ltd. In some cases, Nextel Systems Ltd may be unable to remove your personal information, in which case Nextel Systems Ltd will let you know why it is unable to do so.
• Unsubscribe/Opt-outWhen you become a customer of Nextel Systems Ltd, you are automatically subscribed to receive transactional notices and updates about your account, email newsletters and news of special promotions offered through Nextel Systems Ltd and/or in conjunction with Nextel Systems Ltd’ partners. To unsubscribe from Nextel Systems Ltd’ newsletters and promotional mailings, customers may update their preferences on the Account Manager. Customers may also unsubscribe through the links provided in promotional email messages sent by Nextel Systems Ltd or on Nextel Systems Ltd’ behalf.
• Accessing, Modifying & Deleting Your InformationNextel Systems Ltd allows customers to access, update, and correct inaccuracies in your personal information in Nextel Systems Ltd’ custody and control, subject to certain exceptions prescribed by law. Nextel Systems Ltd also allows individuals and customers to delete their personal information which is in Nextel Systems Ltd’ custody and control, by requesting erasure of the same. Customers and individuals may request access, updating/corrections of inaccuracies, and erasure of personal information Nextel Systems Ltd has in its custody or control by accessing the Account Manager or by contacting support via email, phone, or online chat. Requested information will be provided within forty-five (45) days of the receipt of a customers’ request. Nextel Systems Ltd may request certain personal information for the purposes of verifying the identity of the individual seeking access or erasure of individual/customer records. To ensure customers receive the information they need to manage their account and protect their privacy, Nextel Systems Ltd asks that customers keep their contact and billing information up to date. Customers can update all account-related information directly through the Account Manager. Alternatively, customers can contact Nextel Systems Ltd Support for further assistance.

EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION

Where the European Union’s General Data Protection Regulation (“GDPR”) applies, in certain circumstances and subject to data processing agreements, you have rights in relation to the personal information Nextel Systems Ltd holds about you. Below is an outline of those rights and how EU customers may exercise those rights. To exercise any of your rights, please visit the Account Manager, or contact Nextel Systems Ltd at privacy@Nextel Systems Ltd or by phone 1-877-326-7483. Access You have the right to know whether Nextel Systems Ltd processes personal information about you and, if it does, to access data Nextel Systems Ltd holds about you and certain information about how Nextel Systems Ltd uses and shares it. Portability You have the right to receive a subset of the personal information you provide to Nextel Systems Ltd in a structured, commonly used and machine-readable format and a right to request that Nextel Systems Ltd transfer such personal information to another party. If you request that Nextel Systems Ltd transfer the personal information to another party, you must ensure you detail that party and note that Nextel Systems Ltd can only transfer the personal information where it is technically feasible to do so. Nextel Systems Ltd is not responsible for the security of the personal information or its processing once received by the third party. Correction You have the right to require Nextel Systems Ltd to correct any personal information held about you that is inaccurate and have incomplete data completed. If you request correction, please explain in detail why you believe the personal information is inaccurate or incomplete so that we can assess whether a correction is required. Erasure You may request that Nextel Systems Ltd erase the personal information it holds about you in the following circumstances: (1) where you believe it is no longer necessary for Nextel Systems Ltd to hold the personal information; (2) you withdraw your consent to the processing of the personal information, and Nextel Systems Ltd was processing it on the basis of your consent; (3) Nextel Systems Ltd is processing your data on the basis of its legitimate interest and you object to such processing; (4) you no longer wish us to use your data to send you marketing; or (5) you believe Nextel Systems Ltd is unlawfully processing your data. Please provide as much detail as possible on your reasons for the request to assist Nextel Systems Ltd in determining whether you have a valid basis for erasure. Restriction of Processing You have a right to require us to stop processing the personal information Nextel Systems Ltd holds about you other than for storage purposes in the following circumstances: (1) you believe the personal information is not accurate for the period it takes for us to verify whether the data is accurate; Nextel Systems Ltd wishes to erase the personal information as the processing it is doing is unlawful, but you want Nextel Systems Ltd to simply restrict the use of that data; (3) Nextel Systems Ltd no longer needs the personal information for the purposes of the processing but you require it to retain the data for the establishment, exercise or defense of legal claims; or (4) you have objected to Nextel Systems Ltd processing personal information it holds about you on the basis of its legitimate interest and you wish it to stop processing the personal information while it determines whether there is an overriding interest in Nextel Systems Ltd retaining such information. Objection You have the right to object to Nextel Systems Ltd’ processing of data about you and Nextel Systems Ltd will consider the request. Please provide detail as to your reasoning so that Nextel Systems Ltd can assess whether there is a compelling overriding interest in it continuing to process such data. You also have the right, at any time, to object to Nextel Systems Ltd’ processing of data about you in order to send you marketing. Withdrawal of Consent Where you have provided your consent to Nextel Systems Ltd processing your personal data, you can withdraw your consent at any time by visiting the Account Manager, or by contacting Nextel Systems Ltd at privacy @ nextelsystems.com

CHILDREN UNDER 18

Nextel Systems Ltd does not sell products or services for purchase by children. Customers must be at least 18 years of age. Any individual under the age of 18 (“Minor”) must have a parent or guardian accept the Terms of Service in order for the Minor to become a Customer. If you are under 18, we strongly encourage you to use our website only with the involvement of a parent or guardian.

CHANGES TO POLICY

Nextel Systems Ltd reserves the right to revise, amend, or change this Policy at any time and in any manner by posting such changes on our site. We encourage you to periodically check our site for changes to this Policy since your continued use of the site following any changes to this Policy will be deemed to constitute your acceptance of such change. The operative and effective version of this Policy will be the latest version available on the site. If you have questions or concerns regarding this Policy, you should contact us by email at privacy @ nextelsystems.com

DATA PROCESSING AGREEMENT (DPA)

The Nextel Systems Ltd Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into the Nextel Systems Ltd Terms of Service. Nextel Systems Ltd may modify this AUP at any time without notice. “We” “Us” or “Provider” or “Nextel Systems Ltd” – Nextel Systems Ltd “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for service or is a designate of anyone who applies for service. “Services” applies to all web hosting accounts, SSL certificates, dedicated IP addresses, domain registrations, and any other service or feature offered by Nextel Systems Ltd or on our website at Nextel Systems Ltd. Services rendered by Nextel Systems Ltd may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your service usage. Nextel Systems Ltd reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of content with or without notice. Notifications concerning AUP infractions will be sent only to the verified email address on file. Nextel Systems Ltd does not accept inbound or place outbound calls regarding Abuse related matters. Failure to respond to communication from Nextel Systems Ltd pertaining to the AUP within the provided time period in our communication may result in the suspension or termination of the Services.

Unacceptable Uses

Usage of Services directly or indirectly in connection with any of the following, as determined under Nextel Systems Ltd’s sole discretion:

• You may not use the Services to publish content nor engage in activity that is illegal under applicable law, that is harmful to others, or that would subject Nextel Systems Ltd to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
• Disclosure of sensitive personal information about others;
• Storing personal or sensitive information, including without limitation, “Protected Health Information” as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”);
• Phishing or engaging in identity theft;
• Distribution of computer viruses, worms, Trojan horses or other malicious code;
• Promoting or facilitating prostitution or sex trafficking;
• Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
• Hosting, distributing or linking to child pornography or content that is harmful to minors. Violators of this policy will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NCMEC);
• Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
• Gambling;
• Promoting or facilitating violence or terrorist activities; or
• Infringing the intellectual property or other proprietary rights of others.

Excessive Use of Resources or Network Abuse

You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues, instability, or which disrupts service for other customers. Prohibited activities that contribute to excessive use may include without limitation:

• Hosting or linking to an anonymous proxy server;
• Operating a file sharing site;
• Hosting scripts or processes that adversely impact our systems
• Utilizing cron jobs in excess of once every fifteen (15) minutes
• Sending messages over your plans’ hourly allotted email limits
• Hosting large databases, or databases with large tables that require excessive queries or resources to complete
• Utilizing software that interfaces with an Internet Relay Chat (IRC) network.
• Utilizing software for cryptocurrency mining (i.e. Bitcoin)
• Utilizing software for a game server (i.e. Minecraft)
• Utilizing software for any form of VPN or Onion Routing including but not limited to OpenVPN, Wireguard, and TOR.

Unauthorized System Access

You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:

• Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
• Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
• Intercepting or monitoring data without permission; or
• Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of Nextel Systems Ltd’s website or servers for any unauthorized purpose.

Storage of Backups and Mail

You may not use your hosting account as a backup solution or to host archived mail. Archived mail is defined as messages older than thirty (30) days or emails totaling ten (10) gigabytes or larger. Our Services are designed to host active website data only and may not be used as a data repository. Nextel Systems Ltd reserves the right to remove backups and/or archives from your hosting account or suspend access to your Services with or without notice.

Zero Tolerance Spam Policy

Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated. This applies to all services, including VPS and dedicated servers.

• Forging or misrepresenting message headers is prohibited.
• You may not use the Services to sell contact lists or send email to any purchased lists (i.e. “Safe Lists”). Messages sent from the Nextel Systems Ltd network for newsletters or other email campaigns must be from a confirmed, double-opt in list.
• You may not use the Services to send spam or bulk unsolicited messages. We may terminate with or without notice the account of any user who sends spam.

Coupon Abuse

Coupons are designed as promotional items for new hosting accounts only. Once you are on file as an existing customer, there is no method to sign up as a new customer in order to use a new coupon.

Vexation & Harassment

Nextel Systems Ltd does not condone nor will it tolerate the harassment or abuse towards its agents, contractors, employees or subsidiaries. While communicating with Nextel Systems Ltd staff, agents or representatives, you agree to conduct yourself in a professional manner. It is expected that you refrain from abusive, malicious, or offensive behavior or make spurious or vexatious complaints or claims. Should you be found in violation of this clause Nextel Systems Ltd reserves the right to suspend and/or terminate services with or without prior notice and without liability.

AUP Enforcement

• Services may be suspended or terminated with or without notice upon any violation of this AUP. Violations may result in the immediate suspension or termination of your account.
• Nextel Systems Ltd reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to Nextel Systems Ltd or the Services, as determined in Nextel Systems Ltd’s sole discretion.
• Violations will be reported to law enforcement as determined by Nextel Systems Ltd in its sole discretion.
• Failure to respond to an email from Nextel Systems Ltd within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
• Websites hosted on Nextel Systems Ltd’s servers in the U.S. are generally governed by U.S. law. As a web host, Nextel Systems Ltd is not the publisher of user generated content as such we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory or illegal. In any case in which a court of competent jurisdiction, as determined in Nextel Systems Ltd’s sole discretion, orders material to be removed, Nextel Systems Ltd will disable access to such material.
• Notwithstanding the foregoing, you are responsible for using all Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. Nextel Systems Ltd reserves the right to take local legal considerations into account and to respond accordingly at Nextel Systems Ltd’s sole discretion.
• Enforcement of this AUP is at Nextel Systems Ltd’s sole discretion.

Reporting Violations

To report a violation of Nextel Systems Ltd’s AUP, please email abuse @ nextelsystems.com To report an infringement of intellectual property or other proprietary rights, please email legal @ nextelsystems.com

This data processing agreement (the “Data Processing Agreement”) is between Nextel Systems Ltd at Plot #8, Manuel Pinto Road, Muyenga, Kampala Uganda (the “Data Processor”) and the customer agreeing to the Nextel Systems Ltd Terms of Service (the “Terms of Service”) (the “Data Controller”) and incorporates the terms and conditions set out in the Schedule attached hereto (the “Schedule”). The Data Processing Agreement and the Schedule shall be referred to collectively as the “Agreement”. Terms used in the Data Processing Agreement but not defined herein shall have the meaning attributed to them in the Schedule. Under the Terms of Service, Data Controller has appointed Data Processor to provide certain services (“Services”) to Data Controller. As a result of its providing the Services to Data Controller, Data Processor will store and process certain personal information of Data Controller as described below:

1. The Customer Personal Data Processed by Data Processor will be subject to the following basic Processing activities: Operations necessary for the provision of the Services under the Terms of Service by Data Processor, including the storage, retrieval, use, disclosure, erasure, destruction and access of the Customer Personal Data.
2. The Customer Personal Data Processed by Data Processor shall concern only the following categories of Data Subjects: Customers of Data Controller based in the European Union whose information is provided to Data Processor for the purposes of the provision of the Services under the Terms of Service.
3. The Customer Personal Data Processed by Data Processor includes and shall be limited to the following categories of data: (i) identification and contact information (such as name, email address); (ii) purchase information (such as payment method, products purchased, billing information); and (iii) information gathered in the provision of services to Data Controller (such as analytics, device and browser information).
4. The Customer Personal Data Processed by Data Processor does not contain special categories of Personal Data.

The Agreement is being put in place to ensure that Data Processor processes Data Controller’s personal data on Data Controller’s instructions and in compliance with applicable data privacy laws. The Parties to this Agreement hereby agree to be bound by the terms and conditions in the attached Schedule as applicable with effect from 28 June 2018 (the “Effective Date”). STANDARD TERMS FOR PROCESSING AGREEMENT

1. Definitions

For the purposes of this Agreement, the following expressions bear the following meanings unless the context otherwise requires: “Applicable Data Protection Laws” means the General Data Protection Regulation 2016/679 (“GDPR”) once it takes effect and any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding instrument of the Data Controller’s Member State which implements the GDPR, the Data Protection Directive 95/46/EC and the e-Privacy Directive 2002/58/EC (in each case as amended, consolidated, re-enacted or replaced from time to time); “Customer Personal Data” means Personal Data provided by Data Controller to Data Processor for Processing on behalf of Data Controller pursuant to the Terms of Service; “Data Subject” means the living individuals who are the subject of the Customer Personal Data; “Model Clauses” means the standard contractual clauses for the transfer of Personal Data to data processors established in Third Countries set out in the Commission Decision of 5 February 2010 (C(2010) 593), as amended by EU Commission Implementing Decision 2016/2297 of 16 December 2016; “Personal Data”and “Process”, “Processed” or “Processing” have the meaning given in the GDPR; “Regulator” means the data protection supervisory authority which has jurisdiction over Data Controller’s Processing of Personal Data; and “Third Countries” means all countries outside of the scope of the data protection laws of the European Economic Area (“EEA”), excluding countries approved as providing adequate protection for Personal Data by the European Commission from time to time.

2. Conditions of Processing

This Agreement governs the terms under which Data Processor is required to Process Customer Personal Data on behalf of Data Controller. In the event of any conflict or discrepancy between the terms of the Terms of Service and this Agreement, the terms of this Agreement shall prevail, to the extent of the conflict.

3. Data Processor’s Obligations

1. Data Processor shall only Process Customer Personal Data on behalf of Data Controller and in accordance with, and for the purposes of providing the Services. If Data Processor cannot provide such compliance for whatever reason (including if the instruction violates Applicable Data Protection Laws), it agrees to inform Data Controller of its inability to comply as soon as reasonably practicable.
2. Data Processor shall ensure that its personnel who are authorized to Process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
3. Data Processor shall implement and hold in force for the term of this Agreement specific technical and organizational security measures as required by the GDPR.
4. Data Processor shall notify Data Controller promptly upon receipt by Data Processor of a request from an individual seeking to exercise any of their rights under Applicable Data Protection Laws. Taking into account the nature of the processing, Data Processor shall, at Data Controller’s expense, assist Data Controller by appropriate technical and organizational measures, for the fulfillment of Data Controller’s obligation to respond to requests by Data Subjects to exercise their rights under Chapter III of the GDPR (including the right to transparency and information, the data subject access right, the right to rectification and erasure, the right to the restriction of processing, the right to data portability and the right to object to processing). Data Processor shall carry out a request from Data Controller to amend, correct, block, transfer or delete any of the Customer Personal Data to the extent necessary to allow Data Controller to comply with its responsibilities as a data controller.
5. Taking into account the nature of the Processing under the Terms of Service and the information available to Data Processor, Data Processor shall, insofar as possible and at Data Controller’s expense, assist Data Controller in carrying out its obligations under Articles 32 to 36 of the GDPR and any other Applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators. Data Processor shall comply with GDPR breach notification requirements.
6. Upon termination of the Processing of Personal Data by Data Processor (subject to Data Processor’s customer data retention policy) and at Data Controller’s request, Data Processor shall either (i) delete all Customer Personal Data; or (ii) return all Customer Personal Data to the Data Controller and delete existing copies unless applicable law requires storage of the Customer Personal Data.
7. Data Processor shall upon written request from Data Controller from time to time provide Data Controller with all information necessary to demonstrate compliance with the obligations laid down in this Agreement.
8. Data Controller acknowledges and agrees that Data Processor may, or may appoint an affiliate or third party subcontractor to, Process the Data Controller’s Personal Data in a Third Country, provided that it ensures that such Processing takes place in accordance with the requirements of Applicable Data Protection Laws. Data Controller hereby consents to Data Processor’s access to Customer Personal Data from the United States to the extent necessary for Data Processor to provide the Services.
9. Where the Data Processor processes, accesses, and/or stores Customer Personal Data in any Third Country, Data Processor shall comply with the data importer’s obligations set out in the Model Clauses, which are hereby incorporated into and form part of this Agreement. The processing details set out at paragraphs a) to d) of the first page of this Agreement shall apply for the purposes of Appendix 1 of the Model Clauses and the terms of the Security Policy apply for the purposes of Appendix 2 of the Model Clauses. Data Controller hereby grants Data Processor a mandate to execute the Model Clauses, for and on behalf of Data Controller, with any relevant subcontractor (including affiliates) it appoints.
10. Data Controller acknowledges and agrees that Data Processor relies solely on Data Controller for direction as to the extent to which Data Processor is entitled to access, use and process Customer Personal Data. Consequently, Data Processor is not liable for any claim brought by Data Controller or a data subject arising from any action or omission by Data Processor to the extent that such action or omission resulted from Data Controller’s instructions.

4. Data Controller’s Obligations

1. Data Controller warrants that it has complied and continues to comply with the Applicable Data Protection Laws, in particular that it has obtained any necessary consents or given any necessary notices, and otherwise has a legitimate ground to disclose the data to Data Processor and enable the Processing of the Customer Personal Data by the Data Processor as set out in this Agreement and as envisaged by the Terms of Service.
2. Data Controller agrees that it will indemnify and hold harmless Data Processor on demand from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by Data Processor arising directly or indirectly from a breach of this Clause 4 or any Applicable Data Protection Laws.

5. Sub-contracting

1. Data Controller hereby consents to the use by Data Processor of the Subcontractors set out in the list of third party sub processors available upon request. If Data Processor appoints a new Subcontractor to Process Customer Personal Data, it shall update such list. In the event that Data Controller objects to the appointment, Data Controller’s sole remedy shall be to terminate the services provided by Data Processor. If Data Controller does not object, Data Processor may proceed with the appointment. Data Processor ensures that it has a written agreement in place with all Subcontractors which contains obligations on the Subcontractor which are no less onerous on the relevant Subcontractor than the obligations on Data Processor under this Agreement.

6. Termination

1. Termination of this Agreement shall be governed by the Terms of Service, mutatis mutandis.

7. Law and Jurisdiction

1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in all respects in accordance with the laws of the jurisdiction specified in the Terms of Service.

Software as a Service Subscription License Agreement

DEFINITIONS

1. Service(s) – Value-added software applications that Nextel Systems Ltd licenses to Customer on a subscription basis.
2. Customer – Party to which Nextel Systems Ltd licenses Services.
3. End-User – Party that uses Nextel Systems Ltd Services.
4. Activation – Process by which Nextel Systems Ltd provides Customer with access to the Service.

1. FEES, ACTIVATION, BILLING START DATE, TERMINATION DATE

FEES AND ACTIVATION. The amount indicated as Monthly Charge (Min.) on this Agreement represents the minimum amount due from Customer on a monthly basis.  Nextel Systems Ltd will invoice customer in advance for each billing period (e.g. monthly, quarterly or annually) based on the Services in use at the start of the period, but not less than the Monthly Charge (Min).  Nextel Systems Ltd will invoice customer in arrears for any Services added during the previous billing period.

BILLING START DATE. Billing Start Date shall be the date of Activation or three (3) calendar days from the date of the last signature on this Agreement, whichever is earlier.

TERMINATION DATE. Termination date (Term Date) of this Agreement shall be ONE (1) calendar months from the Billing Start Date.

2. RENEWAL & REFUNDS

This Agreement shall be renewed automatically for successive ONE (1) month periods from the termination date (Term Date) of this Agreement unless Customer or Nextel Systems Ltd provides the other with at least 15 days notice indicating that the Agreement shall not be renewed automatically. Nextel Systems Ltd will not provide a refund for partial months and will stop providing the Service on the termination date. Nextel Systems Ltd shall have the right to revise the per user fee at the expiration of this Agreement, by providing a written notice to Customer 15 days prior to the Term Date.  Upon renewal the Monthly Charge (Min) shall automatically adjust to reflect the then current charges based on usage.

3. INTELLECTUAL AND PROPERTY RIGHTS

Nextel Systems Ltd or its suppliers maintain all Intellectual and Property rights to the Services that it sells to the Customer.  Customer is granted only a personal, nontransferable, nonsublicensable, nonexclusive right to use the Services solely for the internal purposes of Customer.  Customer agrees not to resell, rent or lease the Services or create derivative works from the Services either directly or through a third party, or to reverse assemble, decompile, or otherwise attempt to derive source code from the Service. Customer will not remove or alter any trademarks, or other proprietary notices, legends, symbols, or labels appearing on or in copies of materials delivered to Customer in connection with the Services. Nextel Systems Ltd reserves the right to change and enhance the Services at any time. • If the supplier or licensor of any component of the Service limits the right or ability of Nextel Systems Ltd to provide such components to Customer, Nextel Systems Ltd shall have the right to replace the component with a reasonably equivalent alternative. Customer agrees not to directly license any component of the Service from a third party without the written permission of Nextel Systems Ltd, and any such direct license shall not alter Customer’s obligations under this Agreement.

4. WARRANTY

Nextel Systems Ltd warrants that it has full power and authority to sell Services to Customer.

5. COMPLIANCE WITH LAW

Both parties shall comply with all applicable laws relating to the Services, including without limitation export and re-export restrictions and regulations of the Department of Commerce or other United States agency or authority. 

6. DISCLAIMER

EXCEPT AS SET FORTH IN THIS AGREEMENT, NEXTEL SYSTEMS LTD DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. NEXTEL SYSTEMS LTD DOES NOT ENDORSE ANY TOOL OR SOFTWARE AS BEING IDEAL FOR A PARTICULAR USE. IN ADDITION, NEXTEL SYSTEMS LTD OFFERS NO GUARANTEES OR WARRANTIES WITH REGARD TO THE RESULTS OF USING ITS SERVICES.

7. CONFIDENTIALITY

Nextel Systems Ltd and Customer both acknowledge that in the course of this Agreement, either party may obtain certain confidential and/or propriety information of the other. Each party hereby agrees that all such information communicated to it by the other party, its affiliates, or customers, whether before or after the Effective Date, shall be used only for the purpose of this Agreement, and shall not be disclosed without the prior written consent of the other party, except as may be necessary by reason of legal, accounting, or regulatory requirements beyond either party’s reasonable control, but each party subject to any such requirements shall give prompt notice thereof to the other party to permit it to seek a protective order or other legal remedy to prevent such disclosure.  Customer grants Nextel Systems Ltd the right to publicly disclose Customer’s use of Nextel Systems Ltd services.  In no case shall such disclosure include the Terms and Conditions of this Agreement.  Each party agrees that a remedy of damages may not be sufficient for a breach of this Section 6, and agrees that either party may obtain a temporary restraining order or temporary or permanent injunction against any breach or threatened breach of this Section 6.

8. SERVICE SUPPORT

All support will be limited to the usage of Nextel Systems Ltd Services alone, and will not include any support on other Customer services. Support provided by Nextel Systems Ltd is described in Nextel Systems Ltd’ support procedure, which will be provided to Customer upon completion of Activation.  Customer is responsible for providing support to Customer’s End-Users.

9. TERMINATION; DAMAGES

Either party may terminate this Agreement upon written notice if the other party fails to cure any material breach of this Agreement within 30 days after receiving written notice of such breach; provided, however, that the period to cure breach with respect to payment shall be 10 days. In the event of such a termination by Customer, Nextel Systems Ltd shall refund to Customer any prepaid amounts applicable to the period following the effective date of termination, but such termination shall be Customer’s sole and exclusive remedy in case of a material breach of this Agreement by Nextel Systems Ltd.  Nextel Systems Ltd assumes no responsibility for any problems or damages that may occur on the Customer’s hardware.

10. LIMITATION OF LIABILITY

Nextel Systems Ltd and its suppliers and licensors shall have no liability, pursuant to this agreement or otherwise, for special, incidental, consequential, punitive, or exemplary damages, even if Nextel Systems Ltd or such suppliers and licensors have been advised of the possibility of such damages.  In no event shall Nextel Systems Ltd’ liability for any reason and upon any cause of action whatsoever exceed the payments made by Customer to Nextel Systems Ltd during the twelve months preceding the date of the event giving rise to liability.  Neither party shall be liable to the other pursuant to this Agreement for any amounts representing loss of profits or loss of business.

11. FORCE MAJEURE

Nextel Systems Ltd shall not be liable to the Customer for any delay or failure to provide access to the Service due to causes beyond its reasonable control.

12. ASSIGNMENT

Customer may not assign, without prior written consent of Nextel Systems Ltd its rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.  Any such attempted assignment or sub-license shall be void and shall constitute a material breach of this Agreement.

13. NO WAIVER

The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder.

14. ENTIRE AGREEMENT

This Agreement, and the schedules attached hereto constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof, and any and all other written or oral agreements existing between the parties hereto are expressly canceled.  The schedules attached to this Agreement are an integral part of this Agreement and are incorporated into this Agreement.

15. GOVERNING LAW.

This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed,  construed and interpreted in accordance with the laws of the State of Texas without giving effect to principles of conflicts of law.  Subject to the Section titled “Arbitration”, the parties hereto consent to the jurisdiction of the state and federal courts located in Travis County, Texas.

16. ARBITRATION

Any controversies arising out of the terms of this Agreement or its interpretation shall be settled through a mediation-arbitration approach in Travis County, Texas.  The parties agree to first try to resolve the dispute informally with the help of a mutually agreed-upon mediator. 

17. ATTORNEY’S FEES

If any action at law or in equity (including mediation and arbitration) is necessary to enforce or interpret the terms of any of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

18. ENFORCEABILITY

If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (a) such provision shall be excluded from this Agreement, (b) the balance of this Agreement shall be interpreted as if such provision were so excluded, and (c) the balance of this Agreement shall be enforceable in accordance with its terms.

19. THIRD PARTY BENEFICIARY

The suppliers of any products and services used in the Services and their licensors shall be deemed to be third party beneficiaries of this Agreement.

Overview

Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t offer you a full refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:

• Gift cards
• Downloadable software products
• Some health and personal care items

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted:

• Book with obvious signs of use
• CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.
• Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
• Any item that is returned more than 30 days after delivery

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at {email address}.

Sale items

Only regular priced items may be refunded. Sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at {email address} and send your item to: {physical address}.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

Shipping returns

To return your product, you should mail your product to: {physical address}.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Need help?

Contact us at {email} for questions related to refunds and returns.