Terms of Service

V1.1 - Last edited 05th January 2022

Najmee, a New Jersey based Managed Service Provider (MSP), provides its services to you subject to the following Terms of Service (“TOS”). By using Najmee’s services, you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, you should not use Najmee’s services.

I. Introduction

Purpose of the TOS: These TOS govern the use of Najmee’s services and any associated software, documentation, and support services (collectively, the “Services”).

Agreement to TOS: By using Najmee's Services, you are agreeing to be bound by these TOS. If you do not agree to these TOS, you should not use Najmee’s Services.

II. Services Provided

Description of Services: Najmee provides a variety of services, including but not limited to, IT support, network management, software development, and data backup and recovery. The specific services provided to each client will be outlined in a separate agreement.

Limitations of Services: Najmee will make every effort to provide reliable and efficient services. However, Najmee cannot guarantee that the Services will be uninterrupted or error-free. Najmee will not be liable for any damages caused by interruptions or errors in the Services.

III. Payment and Fees

Payment Terms: Najmee requires payment in advance for all Services. Payment can be made by credit card, check, or wire transfer.

Fees: Najmee charges a monthly fee for its Services. The specific fee for each client will be outlined in a separate agreement.

Refund Policy: Najmee does not offer refunds for its Services.

IV. Data Security and Confidentiality

Data Security: Najmee takes the security of client data very seriously. Najmee uses industry standard security measures to protect client data, including firewalls, encryption, and secure servers.

Confidentiality Agreement: Najmee will not disclose any client data to third parties without the client’s express permission.

V. Service Level Agreement (SLA)

Service Level Guarantees: Najmee guarantees a certain level of service for its clients. The specific service level guarantees for each client will be outlined in a separate agreement.

Reporting and Resolving Service Issues: If a client experiences an issue with Najmee's Services, the client should contact Najmee’s support team. Najmee will make every effort to resolve the issue in a timely manner.

VI. Intellectual Property

Ownership of Intellectual Property: Any intellectual property related to  Najmee’s Services remains the property of  Najmee.

Restrictions on Use of Intellectual Property: Clients may not use any intellectual property related to  Najmee’s Services for any purpose other than the specific purpose for which it was provided.

VII. Termination and Cancellation

Conditions for Termination or Cancellation: Najmee may terminate or cancel a client’s Services at any time if the client breaches any of these TOS.

Procedures for Termination or Cancellation: If  Najmee terminates or cancels a client’s Services, the client will be notified in writing.

VIII. Liability And Indemnification

Limitations of Liability:  Najmee will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of  Najmee’s Services.

Indemnification: You agree to indemnify, defend and hold  Najmee, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these TOS.

IX. Dispute Resolution

Agreement to Resolve Disputes Through Arbitration or Mediation: Any disputes arising out of or in connection with these TOS shall be resolved through arbitration or mediation, as mutually agreed by both parties.

X. Governing Law and Jurisdiction

Governing Law: These TOS shall be governed by and construed in accordance with the laws of New Jersey, without giving effect to any principles of conflicts of law.

Jurisdiction: Any disputes arising out of or in connection with these TOS shall be subject to the exclusive jurisdiction of the courts located in New Jersey.

XI. Miscellaneous

Entire Agreement: These TOS constitute the entire agreement between you and  Najmee with respect to the use of  Najmee's Services.

Severability: If any provision of these TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

No Waiver:  Najmee’s failure to enforce any right or provision in these TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by  Najmee in writing.

Force Majeure: Najmee shall not be liable for any delay or failure in performance of its obligations under these TOS, if such delay or failure is caused by a force majeure event, such as natural disaster, war, terrorism, strike, lockout, or governmental act.

Contact Information: If you have any questions or concerns about these TOS, please contact  Najmee’s support team at 201-720-2121.