Terms of Service

1. Definitions

In these Terms of Service, the following definitions apply:

• "NGOHub" refers to the cloud-based software platform operated by NeeNam, available at ngohub.in and through associated mobile applications.
• "NeeNam" refers to the company that operates NGOHub, incorporated in India.
• "Customer" refers to the organisation — including any NGO, trust, society, Section 8 company, or other non-profit entity — that subscribes to use NGOHub under these terms.
• "User" refers to individual persons (including staff, volunteers, or administrators) who access NGOHub on behalf of a Customer.
• "Subscription" refers to a paid or free plan that grants the Customer access to NGOHub features as described on the NGOHub website or agreed in writing.
• "Data" refers to all content, information, records, and files uploaded, entered, generated, or stored in NGOHub by or on behalf of the Customer, including donor records, financial records, and reports.
• "Agreement" refers to these Terms of Service together with any additional terms or order forms agreed in writing between NeeNam and the Customer.

2. Account registration and eligibility

To use NGOHub, you must:

• Be a legally registered organisation in India, or an individual acting as an authorised representative of such an organisation;
• Provide accurate, complete, and current registration information;
• Be duly authorised to enter into this Agreement on behalf of your organisation;
• Comply with all applicable Indian laws and regulations.

You are responsible for maintaining the confidentiality and security of your NGOHub account credentials. You must not share your login credentials with any unauthorised person. You are responsible for all activities that occur under your account. If you believe your account has been compromised, you must notify us immediately at don.caleb@neenam.com.

Each organisation may maintain one NGOHub account. If you represent multiple organisations, please contact us to discuss appropriate arrangements.

3. Plans and billing

3.1 Plans

NGOHub offers plans for organisations of different sizes and needs. The features and pricing applicable to your account are agreed between you and NeeNam at the time of onboarding and confirmed in writing. NeeNam reserves the right to modify plan features with reasonable notice.

3.2 Billing

Billing terms are agreed between you and NeeNam at the time of subscription. Payments are processed by Razorpay, a licensed payment aggregator regulated by the Reserve Bank of India. By subscribing, you authorise NeeNam and Razorpay to charge your designated payment method as per the agreed billing schedule.

Invoices are issued and sent to the billing email address registered on your account. It is your responsibility to ensure your billing information is accurate and up to date. Non-payment may result in suspension or termination of your account.

3.4 Price changes

NeeNam may change subscription prices with at least 30 days' prior written notice, delivered by email to your registered email address or by in-app notification. Price changes take effect at your next renewal date following the notice period.

4. Use of the platform

4.1 Permitted use

You may use NGOHub solely for lawful purposes in connection with your organisation's legitimate operational activities. You must comply with all applicable Indian laws and regulations, including without limitation the Income Tax Act 1961, the Foreign Contribution (Regulation) Act 2010 (FCRA), the Digital Personal Data Protection Act 2023 (DPDP Act), and any other legislation relevant to your organisation's activities and use of NGOHub.

4.2 Prohibited use

You must not:

• Use NGOHub to process or record transactions that violate any applicable law or regulation;
• Attempt to reverse-engineer, decompile, disassemble, or copy any part of the NGOHub platform or its underlying code;
• Share your account credentials or allow unauthorised persons to access your NGOHub account;
• Use NGOHub to send unsolicited commercial communications (spam) or messages that violate applicable law;
• Upload or store data that infringes the intellectual property rights, privacy rights, or other rights of any third party;
• Use NGOHub to engage in any activity that is fraudulent, deceptive, or harmful;
• Attempt to gain unauthorised access to any part of the NGOHub platform, its infrastructure, or the accounts of other customers;
• Use automated tools, bots, or scripts to interact with NGOHub in ways not intended or authorised by NeeNam.

4.3 WhatsApp messaging

Use of NGOHub's WhatsApp Business messaging features is subject to Meta's WhatsApp Business Terms of Service and Acceptable Use Policy, in addition to these terms. You are responsible for ensuring that your message content, sending frequency, and practices comply with Meta's policies and applicable Indian regulations, including those relating to unsolicited communications. NeeNam is not liable for the suspension or restriction of your WhatsApp Business account by Meta due to your non-compliance with Meta's policies.

5. Customer data

5.1 Ownership

You retain full ownership of all Data you upload or generate in NGOHub. NeeNam does not claim any ownership rights over your Data. We will not use your Data except as necessary to provide the NGOHub service to you, as described in our Privacy Policy.

5.2 Processing

NeeNam processes your Data as a data processor under the DPDP Act 2023, acting only on your instructions as set out in these terms and our Privacy Policy. Where you require a formal Data Processing Agreement for compliance purposes, please contact us at don.caleb@neenam.com.

5.3 Your responsibility for data

You are solely responsible for ensuring that all Data you upload to NGOHub has been collected lawfully, that you have the appropriate legal basis to process it, and that you have complied with your obligations to data subjects under the DPDP Act 2023 and other applicable law. This includes in particular:

• Ensuring that donor PAN numbers and contact details have been collected with appropriate consent or legal basis;
• Ensuring that donor consent for WhatsApp communications has been obtained where required;
• Ensuring that the data you enter as the basis for 80G receipts and FCRA reports is accurate and complete.

5.4 Backup

While NeeNam maintains regular automated backups of platform data, you are responsible for exporting and maintaining your own backups of critical Data. NGOHub provides data export functionality for this purpose. NeeNam is not liable for Data loss in circumstances beyond our reasonable control.

6. 80G receipts and compliance

NGOHub generates 80G donation receipts and FCRA reports based on the data you enter into the platform. You are solely responsible for ensuring that all data you enter is accurate, complete, and compliant with applicable law. NeeNam is not liable for receipts or reports generated from incorrect, incomplete, or misleading data entered by you or your Users.

You are responsible for complying with all obligations of an 80G-registered organisation under the Income Tax Act 1961, including maintaining proper records, issuing Form 10BE on time, and filing your annual returns. NGOHub is a tool to assist you in meeting these obligations — it does not replace your legal responsibility or the advice of a qualified chartered accountant.

Similarly, NGOHub's FCRA reporting tools are designed to assist your compliance with the Foreign Contribution (Regulation) Act 2010. You remain responsible for ensuring your FCRA filings are accurate, timely, and complete.

7. Payment processing

Online donations collected through NGOHub are processed by Razorpay under Razorpay's terms of service and applicable RBI regulations. NeeNam is not a payment processor and is not a party to the transaction between your organisation and your donors. NeeNam is not responsible for payment failures, disputes, chargebacks, or refund requests between your organisation and donors. Razorpay processing fees apply to all online transactions and are separate from NGOHub subscription fees.

You are responsible for ensuring your use of Razorpay through NGOHub complies with Razorpay's terms and all applicable RBI guidelines for payment aggregators and merchants.

8. Service availability

NeeNam will use commercially reasonable efforts to maintain NGOHub availability and reliability. We target high uptime but do not guarantee uninterrupted access. Planned maintenance will be announced in advance by in-app notification or email where practicable. Emergency maintenance may occur without advance notice.

NeeNam is not liable for downtime, service interruptions, or data unavailability caused by events outside our reasonable control, including but not limited to internet outages, third-party infrastructure failures, acts of God, or regulatory actions.

9. Intellectual property

All software, code, designs, user interfaces, trademarks, logos, and content that form the NGOHub platform are the intellectual property of NeeNam. These terms do not transfer any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable, revocable licence to use NGOHub solely for the purposes permitted under these terms during the period of your Subscription.

You must not copy, distribute, modify, create derivative works from, sell, sublicense, or otherwise exploit any part of the NGOHub platform or its intellectual property without NeeNam's prior written consent. The NGOHub name and logo are trademarks of NeeNam and may not be used without permission.

10. Cancellation and termination

10.1 Cancellation by you

You may cancel your NGOHub subscription at any time by contacting NeeNam at don.caleb@neenam.com. Cancellation terms are as agreed in your subscription agreement. After cancellation, your account will remain accessible until the end of your agreed billing period and will then be deactivated.

10.2 Termination by NeeNam

NeeNam may suspend or terminate your account, with or without notice, in the following circumstances:

• Your material breach of these terms that is not remedied within 7 days of written notice from NeeNam;
• Non-payment of subscription fees after a grace period of 7 days from the due date;
• Use of NGOHub in a manner that poses a security risk to the platform or other customers;
• A legal or regulatory requirement to do so.

In the event of termination by NeeNam for your breach, no refund will be provided for prepaid subscription fees.

10.3 After cancellation or termination

Following cancellation or termination of your account, your Data is retained for 30 days to allow you to export it using NGOHub's data export tools. You are strongly encouraged to export your Data before cancellation. After 30 days from the cancellation or termination date, your Data may be permanently deleted from our systems. NeeNam is not liable for any loss of Data after this retention period.

11. Limitation of liability

To the maximum extent permitted by applicable Indian law, NeeNam's total cumulative liability to you arising out of or in connection with these terms or your use of NGOHub — whether in contract, tort (including negligence), or otherwise — is limited to the total amount paid by you to NeeNam in the three months immediately preceding the event giving rise to the claim.

NeeNam is not liable to you for any of the following, even if NeeNam has been advised of the possibility of such losses:

• Loss of profits, revenue, or business;
• Loss of data or corruption of data (beyond the obligations set out in Section 5.4);
• Indirect, consequential, special, or punitive damages;
• Penalties or fines imposed on you by any regulatory authority arising from your own non-compliance;
• Losses arising from inaccurate data entered by you into NGOHub.

Nothing in these terms limits or excludes NeeNam's liability for fraud, wilful misconduct, or death or personal injury caused by our negligence.

12. Indemnification

You agree to indemnify, defend, and hold harmless NeeNam and its directors, employees, and contractors from and against any claims, damages, losses, penalties, fines, and legal costs arising from:

• Your violation of these terms or any applicable law or regulation;
• Your use of NGOHub in a manner that harms a third party;
• Data you upload to NGOHub that infringes the intellectual property rights or privacy rights of any third party;
• Any inaccuracy in your NGOHub Data that results in incorrect 80G receipts, FCRA filings, or other compliance documents.

13. Governing law and dispute resolution

These Terms of Service are governed by and construed in accordance with the laws of India. Any dispute, controversy, or claim arising out of or relating to these terms or your use of NGOHub — including any question regarding its existence, validity, or termination — shall be subject to the exclusive jurisdiction of the courts of India.

Before initiating formal proceedings, both parties agree to attempt in good faith to resolve any dispute through direct negotiation. Please contact us at don.caleb@neenam.com in the first instance.

14. Changes to these terms

NeeNam may update these Terms of Service from time to time to reflect changes in the NGOHub platform, our business, or applicable law. We will provide at least 14 days' prior written notice of material changes, by email to your registered address and/or by in-app notification. Non-material changes (such as corrections or clarifications) may be made without notice.

Continued use of NGOHub after the effective date of any changes to these terms constitutes your acceptance of the updated terms. If you do not agree with any changes, you must stop using NGOHub and cancel your subscription before the effective date.

15. General provisions

Entire agreement: These terms, together with the Privacy Policy and any separately agreed order forms, constitute the entire agreement between you and NeeNam in relation to NGOHub and supersede all prior agreements, representations, and understandings.

Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: NeeNam's failure to enforce any provision of these terms shall not constitute a waiver of that provision.

Assignment: You may not assign your rights or obligations under these terms without NeeNam's prior written consent. NeeNam may assign its rights and obligations under these terms in connection with a merger, acquisition, or sale of assets.

Force majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including natural disasters, acts of government, internet or communications failures, or labour disputes.

16. Contact

For questions about these terms, to report a breach, or to discuss your subscription:

• Email: don.caleb@neenam.com
• Phone: +91 97516 33626
• Organisation: NeeNam, India
• Website: neenam.in