Service Provider Agreement

Overview

This Service Provider Agreement ("Agreement") governs the relationship between Nexby Travel Private Limited ("Nexby", "Platform", "We", "Us", "Our") and service providers ("Service Provider", "You", "Your") who offer travel-related services through our platform. By registering and offering services on Nexby, you agree to comply with the terms and conditions outlined in this Agreement.

Definitions

• "Platform" refers to Nexby's website, mobile application, and related digital services.
• "Service Provider" refers to individuals, businesses, or organizations offering travel-related services through the Platform.
• "Services" refers to travel-related offerings such as accommodations, tours, transportation, activities, and other travel experiences.
• "Users" refers to customers who book services through the Platform.
• "Booking" refers to a confirmed reservation made by a User for a Service Provider's offerings.

Eligibility and Registration

• Service Providers must be legally authorized to operate their business in their respective jurisdictions.
• All required licenses, permits, and certifications must be valid and up-to-date.
• Service Providers must provide accurate, complete, and current information during registration.
• Nexby reserves the right to verify credentials and reject applications that do not meet our standards.
• Service Providers must maintain professional standards and comply with local regulations.

Service Listing and Content

• Service Providers are responsible for creating accurate and compelling service listings.
• All content, including descriptions, images, and pricing, must be truthful and up-to-date.
• Service Providers grant Nexby the right to use, modify, and display listing content for marketing purposes.
• Misleading information, false advertising, or misrepresentation is strictly prohibited.
• Nexby reserves the right to edit or remove listings that violate our content guidelines.

Booking Management and Fulfillment

• Service Providers must honor all confirmed bookings made through the Platform.
• Availability calendars must be kept accurate and updated in real-time.
• Service Providers are responsible for communicating directly with Users regarding booking details.
• Any changes to bookings must be communicated promptly to both Nexby and the User.
• Service Providers must provide services as described in their listings.

Pricing and Payment Terms

• Service Providers set their own pricing for services offered through the Platform.
• All prices must be clearly displayed and include any applicable taxes or fees.
• Nexby collects payments from Users and remits payment to Service Providers according to the agreed schedule.
• A platform commission fee will be deducted from each booking as specified in the fee schedule.
• Payment processing fees may apply and will be clearly communicated.
• Service Providers are responsible for their own tax obligations and reporting.

Quality Standards and User Experience

• Service Providers must maintain high standards of service quality and professionalism.
• Prompt and courteous communication with Users is expected at all times.
• Service Providers should respond to inquiries and booking requests within 24 hours.
• Any issues or complaints must be addressed promptly and professionally.
• Service Providers must comply with safety regulations and industry best practices.

Cancellation and Refund Policies

• Service Providers must establish clear cancellation and refund policies for their services.
• Cancellation policies must be clearly communicated to Users before booking confirmation.
• Service Providers are responsible for processing refunds according to their stated policies.
• In case of Service Provider-initiated cancellations, full refunds must be provided to Users.
• Nexby may facilitate dispute resolution between Service Providers and Users when necessary.

Platform Fees and Commission

• Nexby charges a commission fee on each completed booking facilitated through the Platform.
• Commission rates are clearly communicated during the registration process.
• Additional fees may apply for premium listing features or marketing services.
• All fees are automatically deducted from payments before remittance to Service Providers.
• Fee structures may be updated with appropriate notice to Service Providers.

Marketing and Promotion

• Nexby may feature Service Provider listings in marketing materials and promotional campaigns.
• Service Providers grant permission for Nexby to use their business name, logo, and service images for promotional purposes.
• Service Providers may participate in special promotions and discount campaigns.
• Marketing guidelines and brand standards must be followed when representing the Nexby platform.

Data Protection and Privacy

• Service Providers must comply with applicable data protection laws and regulations.
• User personal information must be handled securely and used only for service delivery purposes.
• Service Providers may not share User data with third parties without explicit consent.
• Any data breaches or security incidents must be reported to Nexby immediately.
• Service Providers must implement appropriate security measures to protect User information.

Intellectual Property Rights

• Service Providers retain ownership of their original content, images, and intellectual property.
• Service Providers grant Nexby a license to use their content for platform operations and marketing.
• Service Providers must not infringe on the intellectual property rights of others.
• Nexby retains all rights to the platform technology, branding, and proprietary systems.

Prohibited Activities

• Service Providers may not attempt to circumvent the platform by conducting transactions outside of Nexby.
• Soliciting Users to book directly or through other platforms is strictly prohibited.
• Creating fake reviews, ratings, or engaging in fraudulent activities is not permitted.
• Service Providers may not discriminate against Users based on protected characteristics.
• Any illegal activities or services that violate local laws are strictly forbidden.

Performance Monitoring and Reviews

• Nexby monitors Service Provider performance through various metrics including User ratings and reviews.
• Service Providers with consistently poor performance may face account restrictions or termination.
• Regular performance reviews may be conducted to ensure quality standards are maintained.
• Service Providers are encouraged to continuously improve their offerings based on User feedback.

Liability and Insurance

• Service Providers are solely responsible for the services they provide to Users.
• Service Providers must maintain appropriate insurance coverage for their business operations.
• Nexby is not liable for any incidents, accidents, or damages that occur during service delivery.
• Service Providers indemnify Nexby against any claims arising from their service provision.
• Service Providers must comply with all applicable safety regulations and industry standards.

Termination

• Either party may terminate this Agreement with appropriate notice as specified in the terms.
• Nexby reserves the right to suspend or terminate Service Provider accounts for violations of this Agreement.
• Upon termination, Service Providers must fulfill all existing bookings and commitments.
• Outstanding payments and obligations will be settled according to the agreed terms.
• Certain provisions of this Agreement may survive termination as specified.

Dispute Resolution

• Nexby provides mediation services for disputes between Service Providers and Users.
• Service Providers agree to participate in good faith in any dispute resolution processes.
• Legal disputes will be governed by the laws of India and subject to the jurisdiction of courts in Noida, Uttar Pradesh.
• Alternative dispute resolution methods may be pursued before resorting to litigation.

Amendments and Updates

• Nexby reserves the right to modify this Agreement with reasonable notice to Service Providers.
• Continued use of the platform after modifications constitutes acceptance of the updated terms.
• Significant changes will be communicated through email and platform notifications.
• Service Providers may terminate their agreement if they do not accept the modifications.

Contact Information

For questions regarding this Service Provider Agreement or platform operations, please contact: