Terms of Service

1. Acceptance of Terms

By accessing or using the Nivas 360 website, engaging our property management services, or entering into a service agreement with us, you ("Client", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you should not use our services.

Nivas 360 ("we", "our", or "us") reserves the right to modify these Terms at any time. Continued use of our services after changes constitutes your acceptance of the updated Terms.

2. Services Provided

Nivas 360 provides comprehensive property management services, including but not limited to:

• Vacant Property Management: Full-service management for renting out empty properties, including tenant sourcing, lease negotiation, and property preparation.
• Occupied Property Management: Day-to-day handling of leased properties, including tenant relations, rent collection, and lease administration.
• Property Maintenance: Coordination of property upkeep, repairs, and preventive maintenance through our vetted network of service providers.
• Short-Term Rental Management: Complete operational support for properties used for short-term stays, including guest management and cleaning coordination.
• Project Consultancy: Professional guidance and matchmaking for property building, renovation, or development projects through our network of trusted partners.

We act as a coordinator and project manager, connecting property owners with qualified service providers and ensuring transparent, accountable service delivery.

3. Eligibility

You must be at least 18 years of age and have the legal right to own, manage, or authorize management of the property(ies) for which you seek our services to be eligible to engage Nivas 360. By entering into a service agreement, you represent and warrant that you meet these eligibility requirements.

4. Client Obligations

As a client of Nivas 360, you agree to:

• Provide accurate, complete, and up-to-date information about your property(ies), including ownership documentation, existing lease agreements, and known property conditions.
• Grant us the necessary authority and access to manage your property(ies) effectively, including access for maintenance, inspections, and tenant-related activities as authorized.
• Respond to our communications in a timely manner to ensure smooth service delivery and avoid delays.
• Maintain adequate insurance coverage for your property(ies) as required by applicable laws and lease agreements.
• Ensure that funds are available for agreed-upon services, maintenance work, and operational expenses as outlined in your service agreement.
• Comply with all applicable Sri Lankan laws and regulations related to property ownership and rental activities.

5. Fees & Payment

• Service Fees: Our fees for property management services will be clearly outlined in your individual service agreement. Fees may be structured as a percentage of rental income, fixed monthly charges, or project-based pricing.
• Payment Terms: Fees are due as specified in your service agreement. Late payments may incur additional charges or suspension of services.
• Third-Party Costs: Costs for maintenance, repairs, contractor services, and other third-party expenses are the responsibility of the property owner and are separate from our management fees.
• Taxes: All fees are exclusive of applicable taxes, which will be charged in accordance with Sri Lankan tax laws.

6. Third-Party Service Providers

Nivas 360 coordinates a network of vetted service providers, including maintenance professionals, contractors, consultants, and other partners. While we exercise due diligence in selecting these providers:

• We do not guarantee the work quality, timeliness, or performance of third-party providers.
• Third-party providers are independent contractors and not employees or agents of Nivas 360.
• Any disputes regarding third-party work should be reported to us, and we will facilitate resolution to the best of our ability.
• We are not liable for damages, delays, or disputes arising from the actions or omissions of third-party providers.

7. Limitation of Liability

To the maximum extent permitted by Sri Lankan law, Nivas 360 shall not be liable for:

• Indirect, incidental, consequential, special, or punitive damages arising from your use of our services.
• Loss of rental income, property damage, or tenant disputes beyond the scope of our agreed-upon management responsibilities.
• Acts of God, natural disasters, government actions, labor strikes, or other events beyond our reasonable control (force majeure).
• Errors, inaccuracies, or omissions in property information provided by you or third parties.

Our total aggregate liability for any claims arising under these Terms or your service agreement shall not exceed the total fees you paid to Nivas 360 during the six (6) months preceding the event giving rise to the claim.

8. Term & Termination

• Term: These Terms remain in effect for as long as you use our services or maintain a service agreement with Nivas 360.
• Termination by Client: You may terminate your service agreement by providing written notice as specified in your individual service agreement, subject to any applicable notice periods and termination fees.
• Termination by Nivas 360: We may terminate services if you breach these Terms, fail to make timely payments, provide false information, or engage in unlawful activities. We will provide reasonable notice and an opportunity to remedy the breach where possible.
• Effect of Termination: Upon termination, we will cooperate in the orderly transfer of property management responsibilities, provide final financial statements, and return any client funds or property in our possession within a reasonable timeframe.

9. Intellectual Property

All content on the Nivas 360 website, including text, graphics, logos, images, icons, and software, is the property of Nivas 360 or its licensors and is protected by Sri Lankan and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

10. Privacy & Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in that policy.

11. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or our services:

• Negotiation: Both parties agree to first attempt to resolve the dispute through good-faith negotiations.
• Mediation: If negotiation fails, the parties may submit the dispute to mediation by a mutually agreed-upon mediator in Colombo, Sri Lanka.
• Arbitration: Any unresolved disputes shall be settled by binding arbitration in Colombo, Sri Lanka, in accordance with the Arbitration Act of Sri Lanka. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
• Governing Law: These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Sri Lanka, without regard to its conflict of law principles.

12. Force Majeure

Nivas 360 shall not be liable for any failure or delay in performing its obligations under these Terms or any service agreement if such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, labor disputes, utility failures, or transportation disruptions.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent of the parties.

14. Entire Agreement

These Terms, together with your individual service agreement, our Privacy Policy, and any other agreements referenced herein, constitute the entire agreement between you and Nivas 360 regarding our services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: