Terms and Conditions

Last updated: 20 August 2026

These Terms and Conditions ("Agreement") govern the provision of services by NIKKAHFIED LTD ("Supplier", "we", "us"), company registered in England and Wales, registered office 182-184 High Street North, London, E6 2JA, United Kingdom, to the customer identified in an order form, statement of work, or online subscription checkout ("Customer", "you"). Contact: about@nikkahfied.technology, +44 7955 334411, https://nikkahfied.technology.

By signing an order, clicking acceptance, or using the Services, Customer agrees to this Agreement. If Customer is an organisation, the person accepting represents they have authority to bind the organisation. Consumer rights may apply only where Customer is acting wholly outside trade, business, craft, or profession; our Services are primarily B2B.

1. Definitions and Interpretation

"Agreement" means these Terms and Conditions together with all Order Forms, Statements of Work ("SOW"), Data Processing Agreements, Service Level Schedules, and documents incorporated by reference.

"Confidential Information" means non-public information disclosed by either party that is marked confidential or ought reasonably to be understood as confidential, including business plans, pricing, technical designs, security information, and personal data.

"Customer Data" means data submitted by Customer or end users to the Services, including content uploaded to social platforms, media assets for streaming, configuration data, and metadata.

"Documentation" means specifications, admin guides, and technical materials provided for the Services.

"Fees" means charges payable for Services as set out in an Order Form or pricing schedule.

"Force Majeure Event" means events beyond reasonable control including natural disasters, war, terrorism, civil unrest, government actions, epidemics, failure of public utilities or internet backbone, and labour disputes not involving the affected party's own workforce.

"Intellectual Property Rights" means patents, copyright, moral rights, trademarks, service marks, design rights, database rights, trade secrets, know-how, and all similar rights worldwide.

"Order Form" means a document or electronic record specifying Services, term, Fees, and commercial details.

"Services" means cloud infrastructure services, media streaming platform services, custom social network development, hosting, support, professional services, and related offerings supplied by Supplier.

"Service Level Schedule" or "SLA" means any document specifying service availability, support response targets, and service credits.

"Subscription Term" means the initial and any renewal subscription period specified in an Order Form.

"Users" means individuals authorised by Customer to access the Services, including administrators, moderators, and end users where applicable.

Headings are for convenience only. "Including" means including without limitation. Words importing the singular include the plural and vice versa.

2. Order of Precedence

In the event of conflict: (a) an executed Order Form or SOW prevails over this Agreement for the subject matter of that order; (b) a DPA prevails for personal data processing; (c) an SLA prevails for service levels; (d) otherwise this Agreement prevails.

No terms on Customer purchase orders or other business forms apply unless expressly accepted in writing by Supplier.

3. Services and Scope

Supplier shall provide Services described in the applicable Order Form or SOW with reasonable skill and care in accordance with industry standards for cloud infrastructure, streaming technology, and software development.

Cloud infrastructure Services may include virtualised compute, storage, networking, container orchestration, managed databases, backup, monitoring, and security tooling as specified.

Media streaming Services may include ingest, transcoding, packaging, content delivery integration, digital rights management interfaces, analytics dashboards, and player SDKs as specified.

Custom social network development may include user profiles, feeds, messaging, moderation tools, notifications, APIs, mobile-responsive interfaces, and deployment to Supplier or Customer designated environments.

Supplier may update the Services for security, compliance, or improvement provided such changes do not materially reduce core functionality during a Subscription Term except where required for legal or safety reasons or as otherwise permitted herein.

Beta, preview, or trial features are provided as-is without SLA commitments unless expressly stated.

Professional services such as consultancy, custom development beyond standard packages, migration, and training are scoped in SOWs with separate deliverables and acceptance criteria.

4. Customer Obligations

Customer shall: (a) provide timely information, approvals, and access necessary for delivery; (b) ensure Users comply with acceptable use requirements; (c) maintain accurate account and billing information; (d) obtain all licences, consents, and rights necessary for Customer Data and its processing; (e) configure security settings appropriately including access controls and password policies; (f) comply with applicable laws including data protection, content regulation, copyright, and export controls.

Customer is responsible for content published through social network Services and streamed media unless Supplier expressly agrees otherwise in writing. Customer shall implement appropriate moderation and community guidelines.

Customer shall not use Services to distribute unlawful content, malware, spam, or material infringing third-party rights; attack networks; mine cryptocurrency without authorisation; or exceed documented usage limits.

Customer shall notify Supplier promptly of security incidents affecting Customer accounts.

5. Fees, Invoicing, and Payment

Customer shall pay Fees in accordance with the Order Form. Unless stated otherwise, Fees are exclusive of VAT and applicable taxes, which Customer shall pay at prevailing rates.

Subscription Fees may be billed monthly or annually in advance. Usage-based Fees are billed in arrears according to metering documented in the Order Form or admin console.

Invoices are payable within thirty (30) days of invoice date unless otherwise specified. Time for payment is essential.

Supplier may suspend Services for overdue amounts more than fourteen (14) days after written notice, without prejudice to other remedies.

Customer shall not withhold, set off, or deduct payments except where mandatory law permits undisputed statutory set-off.

Supplier may increase standard list prices on renewal upon at least sixty (60) days notice. Order Form fixed pricing applies for the stated Subscription Term.

Disputed invoices must be notified within fourteen (14) days with reasonable detail; undisputed portions remain payable.

6. Term, Renewal, and Termination

This Agreement commences on the effective date of the first Order Form and continues until all Subscription Terms expire or the Agreement is terminated.

Subscriptions automatically renew for successive periods equal to the initial Subscription Term unless either party gives notice of non-renewal at least thirty (30) days before period end, unless the Order Form specifies different renewal terms.

Either party may terminate for material breach not remedied within thirty (30) days of written notice specifying the breach.

Supplier may terminate immediately if Customer breaches Sections 4 or 9, becomes insolvent, or uses Services in a manner creating legal or security risk.

Customer may terminate for convenience on ninety (90) days written notice; prepaid Fees for unused periods are non-refundable unless stated in Order Form.

Upon termination, Customer access ceases. Customer shall export Customer Data within thirty (30) days; thereafter Supplier may delete Customer Data except where retention is required by law or legitimate backup cycles, after which deletion proceeds per retention schedule.

Sections intended to survive termination include Fees owed, confidentiality, IP, liability, data return/deletion, governing law, and accrued rights.

7. Service Levels and Support

Where an SLA applies, Supplier shall use commercially reasonable efforts to meet availability and support targets. Service credits, if any, are Customer's sole remedy for SLA failures and are subject to claim procedures and caps in the SLA.

Scheduled maintenance windows are excluded from availability calculations where notice is provided. Emergency maintenance may occur without notice to address critical security or stability issues.

Support channels, hours, and severity definitions are specified in the Order Form or support policy. Customer must provide reasonable diagnostic information.

8. Customer Data and Data Protection

Customer retains all rights in Customer Data. Supplier processes Customer Data only to provide Services, prevent fraud and abuse, comply with law, and as instructed in a DPA where Supplier acts as processor.

Customer is controller for end-user personal data in social and streaming contexts unless expressly agreed otherwise. Customer shall provide lawful privacy notices and obtain necessary consents.

Parties shall execute a DPA where required by UK GDPR. Supplier implements appropriate technical and organisational measures as described in the DPA and Privacy Policy.

Customer represents it has authority to transfer Customer Data to Supplier and that processing under this Agreement is lawful.

Supplier may generate anonymised, aggregated statistics from usage for service improvement, benchmarking, and reporting without identifying Customer or individuals.

9. Acceptable Use and Compliance

Customer shall comply with Supplier's Acceptable Use Policy published at the website or appended to Order Forms, as updated with notice.

Prohibited activities include unauthorised penetration testing without consent, distribution of child sexual abuse material, incitement to violence, hate speech where unlawful, phishing, and circumvention of technical restrictions.

Supplier may investigate suspected violations and cooperate with law enforcement. Supplier may remove or disable access to material violating law or AUP after notice where practicable.

10. Intellectual Property

Supplier retains all Intellectual Property Rights in the Services, Software, Documentation, templates, and pre-existing materials ("Supplier IP").

Subject to payment and compliance, Supplier grants Customer a non-exclusive, non-transferable, revocable licence during the Subscription Term to use the Services and Documentation for internal business purposes as permitted by the Order Form.

Custom deliverables specified in an SOW as "Customer-owned" upon full payment are assigned to Customer excluding Supplier background IP, which is licensed as necessary for use of deliverables.

Otherwise, bespoke code developed for Customer is licensed non-exclusively to Customer for use with the Services; Supplier may reuse generic components and know-how that do not disclose Customer Confidential Information.

Customer grants Supplier a licence to host, copy, transmit, and display Customer Data solely to provide Services and as otherwise permitted by this Agreement.

Customer shall not reverse engineer the Services except to the extent mandatory law permits despite contractual prohibition.

11. Confidentiality

Each party shall protect the other's Confidential Information using at least the same care as for its own confidential information, and not less than reasonable care. Confidential Information may be disclosed to employees, contractors, and advisers with need-to-know bound by confidentiality obligations.

Exclusions apply to information that is public without breach, already known, independently developed, or rightfully received from third parties without restriction.

Disclosure is permitted where required by law or court order, with notice where legally allowed.

Upon request or termination, each party shall return or destroy Confidential Information except archival copies retained subject to confidentiality until deleted per routine backup cycles.

12. Warranties and Disclaimers

Each party warrants it has authority to enter this Agreement.

Supplier warrants Services will materially conform to Documentation during the Subscription Term and will be provided with reasonable skill and care.

Except as expressly stated, all Services and Software are provided "as is". Supplier disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.

Customer warrants Customer Data and its use of Services do not violate law or third-party rights.

Supplier does not warrant uninterrupted or error-free operation; internet and third-party dependencies are outside Supplier control.

13. Limitation of Liability

Nothing in this Agreement excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be limited under applicable law.

Subject to the above, neither party shall be liable for indirect, incidental, special, consequential, or punitive loss, including loss of profits, revenue, goodwill, or data, arising from this Agreement.

Supplier's aggregate liability arising from or related to this Agreement shall not exceed the total Fees paid or payable by Customer in the twelve (12) months preceding the event giving rise to claim, except liability for breach of confidentiality, Customer payment obligations, or Customer indemnities shall not be subject to such cap where law permits.

Customer acknowledges the Fees reflect these limitations and that Supplier would not provide Services without them.

14. Indemnities

Customer shall defend, indemnify, and hold harmless Supplier against claims arising from Customer Data, Customer's use of Services in breach of law or AUP, or Customer's breach of this Agreement, except to the extent caused by Supplier's wilful misconduct.

Supplier shall defend Customer against third-party claims that the Services infringe UK Intellectual Property Rights, provided Customer notifies promptly, allows control of defence, and cooperates. Supplier may modify Services, procure rights, or terminate affected Services with pro-rata refund of prepaid unused Fees as Customer's exclusive remedy for infringement claims.

Supplier has no obligation for claims arising from Customer Data, combinations with non-Supplier materials, or use outside Documentation.

15. Force Majeure

Neither party is liable for failure or delay due to Force Majeure Events, provided the affected party notifies the other and uses reasonable efforts to mitigate. Payment obligations are not excused. If a Force Majeure Event continues more than sixty (60) days, either party may terminate affected Services upon written notice.

16. Subcontracting and Sub-Processors

Supplier may use subcontractors and sub-processors to provide Services, including cloud infrastructure providers and CDNs, remaining responsible for their performance. A list of sub-processors may be published online or provided on request. Customer may object on reasonable data protection grounds pursuant to DPA procedures.

17. Audit and Compliance

Customer may audit Supplier's compliance with data protection obligations as set out in the DPA, not more than once annually except for material breaches or regulator requests.

Supplier may audit Customer usage for compliance with usage limits and AUP on reasonable notice; Customer shall cooperate.

18. Export and Sanctions

Customer shall not use Services in violation of UK export control or sanctions laws. Customer represents it is not subject to prohibitions preventing performance.

19. Publicity

Neither party may use the other's name or logo in marketing without prior written consent, except Supplier may list Customer as a generic customer reference unless Customer opts out by email.

20. Assignment

Customer may not assign or subcontract rights or obligations without Supplier written consent, except to a successor in merger or sale of substantially all assets with notice. Supplier may assign to an affiliate or in connection with corporate reorganisation.

21. Notices

Notices shall be in writing delivered by email to addresses specified in the Order Form or """ + EMAIL + """, or by recorded delivery to registered offices. Notices deemed received on business day delivery if by email before 5pm UK time, otherwise next business day, unless bounce-back received.

22. Entire Agreement and Variation

This Agreement constitutes the entire agreement regarding Services and supersedes prior proposals and understandings. Variations must be in writing signed by authorised representatives, except Supplier may update non-material policies referenced herein with website notice.

23. Severability and Waiver

If any provision is invalid, the remainder remains effective. Failure to enforce is not waiver of future enforcement.

24. Third Party Rights

Contracts (Rights of Third Parties) Act 1999 does not confer rights on any third party except affiliates may enforce indemnities benefiting them with Supplier consent.

25. Governing Law and Dispute Resolution

This Agreement is governed by the laws of England and Wales. Courts of England and Wales have exclusive jurisdiction.

Parties shall attempt good faith negotiation for thirty (30) days before commencing litigation for commercial disputes, except urgent injunctive relief.

26. Order Form and SOW Templates

Order Forms shall specify Services ordered, Subscription Term, Fees, billing frequency, support tier, data residency options if any, and authorised User limits.

SOWs for custom development shall specify milestones, deliverables, acceptance tests, dependencies, and change control procedures.

Change requests outside SOW scope require written approval and may incur additional Fees and timeline adjustments.

27. Cloud Infrastructure Specific Terms

Resource allocations, regions, and quotas are as specified in Order Form or admin portal. Customer is responsible for architecture decisions unless professional services are engaged.

Customer shall apply security patches to Customer-managed components; Supplier applies patches to managed layers per service definition.

Backup frequency and retention are specified in service description; Customer must verify restore procedures meet business requirements.

Supplier may impose rate limits to protect platform stability; sustained excess usage may require upgraded plan or incur overage charges.

Customer acknowledges multi-tenant environments involve logical separation; dedicated infrastructure options may be available separately.

28. Media Streaming Specific Terms

Customer is responsible for securing rights to stream content including music, video, and live events. Supplier provides technical delivery tools only unless content licensing is expressly included.

Bandwidth and storage consumption may be metered; peak concurrent viewer limits apply per Order Form.

Transcoding profiles and adaptive bitrate ladders follow agreed specifications; additional formats may incur extra Fees.

Customer shall not use streaming Services to redistribute content in breach of territorial or platform restrictions.

Analytics metrics are provided for operational insight; accuracy may be affected by ad blockers, client limitations, and network conditions.

29. Social Network Development Specific Terms

Supplier delivers platform features per SOW; Customer is responsible for community policies, moderation staffing, and regulatory compliance for user-generated content.

User reporting, blocking, and moderation tools are provided as specified; automated moderation may require third-party services subject to additional terms.

API rate limits and storage quotas apply; excessive use may require scaling Fees.

Customer shall not deploy social features facilitating unlawful harassment, discrimination, or exploitation.

Launch support and hypercare periods, if any, are defined in SOW; ongoing enhancement requests are change orders.

30. Security Incident Management

Supplier shall maintain incident response procedures and notify Customer without undue delay upon becoming aware of a personal data breach affecting Customer Data, providing information required under UK GDPR and DPA.

Customer shall notify Supplier of incidents affecting Supplier systems or credentials.

Parties shall cooperate on containment, remediation, and regulatory notifications as applicable.

31. Business Continuity and Disaster Recovery

Supplier maintains business continuity measures appropriate to Services tier. Recovery time and point objectives, if promised, are stated in SLA or Order Form only.

Customer is responsible for its own business continuity plans including local copies of critical Customer Data where recommended.

32. Professional Services

Consulting and development hours are billed per SOW. Travel and expenses reimbursed at cost with prior approval unless fixed-price.

Deliverable acceptance: Customer has ten (10) business days to accept or reject with specific non-conformities; silent acceptance applies if no response. Supplier shall remedy valid rejections within reasonable time.

Customer delays extend timelines proportionally.

33. Training and Documentation

Documentation is provided electronically in English unless otherwise agreed. Updates accompany material Service changes.

Training sessions, if purchased, are scheduled mutually; unused sessions expire as stated in Order Form.

34. Escrow and Source Code

Source code escrow for bespoke components is available only if expressly ordered and subject to separate escrow agreement fees.

35. Non-Solicitation

During the Subscription Term and twelve (12) months thereafter, neither party shall solicit for employment key personnel directly involved in Services who were introduced through this Agreement, except general advertisements not targeted. Breach entitles the other party to reasonable recruitment costs or agreed liquidated sum in Order Form.

36. Counterparts and Electronic Signatures

This Agreement may be executed electronically and in counterparts, each deemed an original.

37. Contact Information

NIKKAHFIED LTD, 182-184 High Street North, London, E6 2JA, United Kingdom, about@nikkahfied.technology, +44 7955 334411, https://nikkahfied.technology.

Supplier maintains internal controls aligned with ISO 27001 principles where applicable to service tiers, including access reviews and supplier due diligence.

Customer acknowledges that performance of streaming Services depends on end-user device capabilities, network quality, and geographic distance from edge locations.

Where Customer requires data residency within the United Kingdom or European Economic Area, such requirement must be specified in the Order Form and may affect available features and pricing.

Supplier may provide status updates via a status page; scheduled maintenance notifications will be posted in advance where practicable.

Customer admin accounts must use strong passwords and multi-factor authentication where offered; failure to enable MFA may affect support obligations after notice.

Development environments provided for testing social network features must not be used with production personal data unless expressly authorised and secured equivalently.

Supplier logs API calls and administrative actions for security auditing; logs may contain personal data processed under the DPA.

Customer shall ensure payment details remain valid; failed payments may result in degraded service after grace period specified in billing policy.

If Customer merges with another entity, assignment provisions apply; Customer must notify Supplier of change of control within fourteen days.

Custom integrations with third-party CRM, payment, or identity providers require separate scoping and may involve additional professional services Fees.

Supplier does not provide legal advice regarding Customer content obligations; Customer should obtain independent counsel for regulated industries.

Trial periods convert to paid Subscription unless cancelled before trial end; trial data may be deleted after conversion or cancellation per retention policy.

Usage dashboards are provided for convenience; billing determinations may use Supplier's authoritative metering systems in case of discrepancy subject to dispute process.

Customer shall not sublicense Services except to its Users as permitted; reselling requires written reseller agreement.

Open source components included in deliverables are licensed under applicable open source licences identified in Documentation or notices file.

Supplier may conduct Customer satisfaction surveys; responses help improve service quality and do not waive any rights.

Penetration testing of Supplier shared infrastructure requires prior written approval and coordination via security contact.

Customer content takedown requests should be submitted via support portal with sufficient detail for assessment against AUP and law.

Where Services include email or notification delivery, Customer must comply with anti-spam laws and provide valid unsubscribe mechanisms for marketing messages they send.

Migration assistance from legacy platforms is available as professional services; cutover windows and rollback plans must be agreed in writing.