1. Eligibility for Maintenance Services

ERP / Website monthly maintenance services are offered exclusively to clients for whom the system, website, or solution has been implemented by the service provider (Nevak).

Maintenance services are not available for systems or websites developed or implemented by third parties, unless expressly agreed in writing following a technical review and separate commercial agreement.

2. Scope of Services

Monthly maintenance services are provided strictly in accordance with the scope defined in the approved quotation and product description. Maintenance services include routine support, minor assistance, monitoring, and upkeep related to ERP systems, websites, or digital solutions implemented by the service provider.

Any services or tasks falling outside the defined maintenance scope shall be quoted and billed separately upon mutual written agreement.

3. Backups, Hosting & Infrastructure Responsibilities

Unless explicitly stated in the approved quotation, monthly maintenance services do not include:

• Server or hosting administration 

• Infrastructure optimisation or scaling 

• Odoo.sh environment management 

• Automated or manual data backups 

• Disaster recovery planning or restoration 

• Third-party server, cloud, or infrastructure management 

Where the system or website is hosted on Odoo.sh, Shopify, or any third-party hosting provider, the responsibility for server uptime, infrastructure stability, security, and platform availability remains with the respective hosting or platform provider, unless otherwise agreed in writing.

If backup management, hosting administration, or infrastructure monitoring is included as part of the maintenance scope, the extent, frequency, and responsibility shall be explicitly defined in the approved quotation.

4. Website Themes, Plugins & Platform Updates

For website maintenance services, the service provider may assist with applying updates to themes, plugins, or extensions used on the website, subject to compatibility and availability.

Where the website uses a theme purchased from Shopify Theme Store, ThemeForest, or any other third-party marketplace, the service provider shall not be responsible for issues arising from theme updates, discontinued support, licensing limitations, or incompatibilities introduced by third-party developers.

Theme updates may be deferred or avoided where such updates risk breaking existing functionality, design, or integrations. Any major rework, redesign, or refactoring required due to theme or plugin updates shall be quoted separately.

5. Platform Availability & Website Downtime

The service provider shall not be held responsible for website downtime, performance issues, or outages caused by:

• Shopify platform outages 

• Hosting provider failures 

• CDN or DNS issues 

• Platform-wide updates or incidents 

• Third-party applications, plugins, or services 

Temporary unavailability of websites due to platform or hosting provider issues does not constitute a failure of maintenance services.

6. Domain & Hosting Renewals

Unless explicitly agreed in writing, the client is solely responsible for timely renewal of domain names, hosting subscriptions, and third-party services required for website operation.

Where the service provider is provided access to domain or hosting accounts for monitoring purposes, reasonable reminders may be issued as a courtesy; however, ultimate responsibility for renewals remains with the client.

The service provider shall not be responsible for website downtime, data loss, or service disruption resulting from expired domains, hosting subscriptions, or third-party services.

7. Service Period & Subscription Start

ERP / Website maintenance services are provided on a recurring monthly subscription basis.

Services shall commence only after full payment has been received and cleared in the service provider’s bank account (“Service Start Date”).

Subscriptions are typically scheduled to commence from the 1st day of a calendar month. However, based on mutual agreement, a subscription may commence on any other agreed date, in which case the first billing period shall be prorated accordingly.

The subscription shall thereafter continue on a monthly basis aligned with calendar months.

8. Payment, Prepayment & Service Activation

All ERP / Website monthly maintenance services are provided strictly on a prepaid basis.

Upon acceptance of the quotation, the service provider may issue a proforma invoice for the applicable monthly maintenance fee.

Maintenance services and the corresponding subscription shall be activated only after full payment has been received and cleared in the service provider’s bank account.

9. Suspension for Non-Payment

In the event of non-payment, delayed payment, or failed payment clearance, the service provider reserves the right to delay the commencement of maintenance services or suspend ongoing maintenance services until payment is received and cleared.

The service provider shall not be responsible for any issues, downtime, or losses arising during periods of suspended maintenance due to non-payment.

10. Exclusions

Monthly maintenance services do not include new feature development, major redesigns, custom development, data migration, new module implementation, major upgrades, or third-party subscription costs unless separately quoted and agreed in writing.

The service provider shall not be responsible for failures, outages, data loss, or issues arising from third-party platforms, hosting providers, infrastructure services, plugins, themes, or tools not directly managed by the service provider.

11. Termination & Notice

The maintenance subscription shall continue unless terminated by either party by providing a minimum of thirty (30) days’ written notice.

Termination shall take effect at the end of the applicable billing cycle. Maintenance fees already paid for the active or current billing period are non-refundable.

12. Limitation of Liability

The service provider’s maximum liability for any claim arising from ERP / Website maintenance services shall be strictly limited to the total maintenance fees paid by the client for the applicable billing period.

Under no circumstances shall the service provider be liable for indirect, incidental, consequential, or loss-of-profit damages.

13. Governing Law

These terms shall be governed by and interpreted in accordance with the applicable laws of the jurisdiction of the service provider.