Terms and Conditions for NOKABZAA Land Monitoring Services

Last Updated: [16-04-2024]

• 1. Introduction

  NOKABZAA, a service provided by Mediatize Tech Private Limited, offers premier land monitoring solutions designed to empower landowners with Realtime data and insights about their properties. These Terms and Conditions are crafted to ensure a mutual understanding of service expectations and obligations, creating a reliable foundation for property management.

  Overview of Service

  • What We Do: Provide detailed and periodic assessments of land through advanced monitoring techniques, including but not limited to, aerial photography and ground surveys.
  • Purpose: Our services aim to enhance landowner's awareness of their property status, ensuring they are informed of any changes or potential issues.
  • Scope: Detailed reports, photographic evidence, and video documentation are standard outputs delivered to our clients, facilitating a robust understanding of their land's condition over time.

  User Agreement

  • By subscribing to our services at NOKABZAA, clients agree to adhere to the full terms outlined herein, which govern the contractual agreement between the user and Mediatize Tech Private Limited
  • Acceptance of these terms forms a binding contract, ensuring compliance with the detailed stipulations for service delivery, payment, and legal obligations.

• 2. Legal Structure and Immunity of Mediatize Tech Private Limited

  Mediatize Tech Private Limited, the parent company of NOKABZAA, is an established entity in the tech industry, known for its innovative solutions in digital media and property management. Operating under the laws of Hyderabad, India, the company is designed to provide innovative services while ensuring compliance with local and national regulations.

  Legal Framework

  • Incorporation: Mediatize Tech is a private limited company, incorporated under the Companies Act of India, with its principal office in Hyderabad.
  • Liability Limitations: As a legal entity, Mediatize Tech strives to limit its liabilities in accordance with the applicable laws. The company's liability in cases of service discrepancies or failures is limited to the extent permitted by law.

  Claims and Disputes

  • Resolution: Mediatize Tech is committed to resolving any disputes amicably through mediation and arbitration, adhering to the legal jurisdiction of Hyderabad courts.
  • Exclusions: The company maintains a policy to minimize liability through pro- active service management and compliance with legal standards. However, total immunity from legal proceedings is not claimed, as it is subject to the discretion of judicial bodies.

• 3. Service Description

  NOKABZAA's land monitoring involves several key operations and methodologies to ensure comprehensive coverage and accurate reporting. The service package includes:

  Monitoring Techniques

  • Aerial Surveys: Utilizing drones and satellite imagery to capture detailed visuals of the terrain and existing infrastructures.
  • Ground Inspections: Regular visits by trained personnel equipped with the latest technology to assess land conditions and verify any changes.

  Reporting

  • Frequency and Methods: Clients receive monthly reports and immediate alerts if significant changes or potential threats are detected.
  • Content: Reports are comprehensive, including high resolution images, videos, and expert analysis of the land's condition.

  Customer Obligations

  • Documentation: Clients must provide all necessary legal documents proving land ownership or entitlement to use the property.
  • Access: Unrestricted access to the property must be granted to our personnel for the purpose of conducting thorough inspections.

• 4. Fees and Payment

  NOKABZAA offers a structured payment system for its land monitoring services, designed to be transparent and efficient, ensuring clients understand their financial commitments and the company maintains its operational integrity.

  Fee Structure

  • Initial Setup Fee: A one-time fee charged to cover the initial assessment, setup of monitoring equipment, and integration of client data into our systems.
  • Monthly Service Fee: A recurring charge that covers ongoing monitoring, reporting, and maintenance of monitoring equipment.
  • Additional Services Fee: Fees for any additional services requested by the client that are outside the standard service package.

  Payment Terms

  • Invoicing: Clients are invoiced monthly, with each invoice detailing the services provided and the corresponding charges.
  • Payment Deadline: Payments are due within 30 days of invoice receipt. Late payments may incur late fees and potential disruption of service.

  Cancellation and Refunds

  • Cancellation Policy: Clients can cancel their service with a 30day notice. Prepaid fees for services not yet rendered will be refunded on a prorated basis.
  • No Refunds for Early Termination: If a service is terminated by NOKABZAA due to a breach of contract by the client (e.g., failure to provide access or falsification of ownership documents), no refund will be provided.

• 5. Disclaimer of Liability and Limitations

  NOKABZAA, through its parent company Mediatize Tech Private Limited, takes significant measures to ensure the accuracy and reliability of its services. However, certain limitations and disclaimers are necessary to protect the company from unforeseen liabilities.

  Accuracy of Information

  • Data Verification: While NOKABZAA conducts thorough checks, the accuracy of land ownership data provided by clients, or third parties cannot be guaranteed. Clients are responsible for the veracity of the documents they provide.
  • Monitoring Limitations: Environmental conditions, access issues, and technical failures can affect the frequency and quality of monitoring. NOKABZAA is not responsible for interruptions caused by such factors beyond our control.

  Payment Terms

  • Invoicing: Clients are invoiced monthly, with each invoice detailing the services provided and the corresponding charges.
  • Payment Deadline: Payments are due within 30 days of invoice receipt. Late payments may incur late fees and potential disruption of service.

  Liability Limitations

  • General Liability: Mediatize Tech Private Limited's liability in connection with the services provided by NOKABZAA is limited to the amount paid by the client for the services during the term in which the liability arose.
  • Exclusion of Indirect Damages: In no event will Mediatize Tech be liable for any indirect, special, incidental, or consequential damages arising out of or in connection with the use of NOKABZAA's services.

• 6. Termination and Suspension of Services

  The agreement between NOKABZAA and its clients can be terminated under specific conditions, reflecting the company's policy to maintain high- standards and legal compliance.

  Grounds for Termination

  • Breach of Contract: Failure to comply with any aspect of the terms and conditions, such as nonpayment, providing false information, or denying access to property for scheduled inspections.
  • Legal and Regulatory Issues: Discovery that the land is subject to legal disputes or regulatory restrictions that prevent NOKABZAA from performing its services.

  Process and Effects of Termination

  • Notice of Termination: Clients will be notified in writing about the termination of their service, specifying the reasons and the effective date.
  • Settlement of Accounts: Upon termination, all outstanding payments must be settled within 30 days. Equipment installed by NOKABZAA must be returned or will be retrieved by company personnel.

• 7. Changes to Terms and Conditions

  The dynamic nature of the legal and business environment may necessitate periodic updates to these Terms and Conditions.

  Update Policy

  • Notification of Changes: Clients will be notified of any significant changes to the terms and conditions through their registered email or via a notice on our website 30 days prior to the changes taking effect.
  • Acceptance of Changes: Continued use of NOKABZAA's services after changes have been made will constitute acceptance of the updated terms and conditions.

• 8. Indemnification

  To further ensure mutual respect and protection under the law, clients of NOKABZAA agree to indemnify and hold harmless Mediatize Tech Private Limited, its officers, employees, and agents against any claims, actions, demands, liabilities, and settlements. This includes, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these Terms and Conditions or any activity related to the use of the services.

  Scope of Indemnification

  • Third Party Claims: Clients will indemnify Mediatize Tech from any claims by third parties arising from the client's use of NOKABZAA's services, including claims asserting that the client's use of the service has infringed the rights of, or caused harm to, a third party.
  • Breach of Terms: Any breach of the terms and conditions of this agreement, or the documents it incorporates by reference, which results in a legal claim against Mediatize Tech Private Limited.

  Procedures

  • Notification and Cooperation: Clients are required to promptly notify Mediatize Tech of any third-party claims, cooperate with Mediatize Tech in defending such claims, and allow Mediatize Tech to assume the exclusive defense and control of the matter at its discretion.

• 9. Settling Legal Disputes

  In the event of a dispute, both parties agree to the first attempt to resolve the issue through negotiation or mediation, adhering to the principles of good faith and professional conduct.

  Arbitration

  • Mandatory Arbitration: If negotiation and mediation fail, the dispute will be resolved by binding arbitration in Hyderabad, under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding.
  • No Class Actions: Clients waive any right to pursue disputes on a class wide basis; arbitration will be conducted on an individual basis only.

  Jurisdiction

  • Governing Law: These Terms and Conditions are governed by the laws of India, without regard to its conflict of laws principles.
  • Jurisdiction: Except for arbitration, any disputes relating to these terms shall be subject to the exclusive jurisdiction of the courts located in Hyderabad, India.

• 10. Privacy Policy

  Protecting the privacy of our clients is of utmost importance to NOKABZAA. This section outlines how we collect, use, protect, and disclose information gathered through our services.

  Information Collection

  • Types of Information Collected: Includes, but is not limited to, personal identification information, property details, and any data collected during the monitoring of the property.
  • Method of Collection: Information is collected via direct submissions from clients, through automated monitoring technologies, and during the course of providing services.

  Use of Information

  • Service Provision: Information is primarily used to provide and improve the monitoring services, including maintenance and enhancement of the reporting capabilities.
  • Communication: To communicate with clients regarding service updates, billing, and to respond to inquiries.

  Data Security

  • Protection Measures: We implement a variety of security measures to maintain the safety of your personal information, including encryption, access controls, and secure storage solutions.
  • Data Breach Procedures: In the event of a data breach, we will promptly notify affected individuals in accordance with applicable laws.

  Data Sharing and Disclosure

  • Limited Sharing: Information will only be shared with third parties to the extent necessary to provide the contracted services, comply with the law, or protect our rights, property, or safety, and those of our clients or others.
  • Legal Requirements: We may disclose personal information when required by law, such as to comply with a subpoena or other legal process.