Terms of Service

Last updated: January 27, 2025

1. Acceptance of Terms

By accessing and using the services provided by Novastack Software ("Company," "we," "our," or "us"), you accept and agree to be bound by the terms and provision of this agreement.

2. Description of Services

Novastack Software provides web development services including but not limited to:

  • Custom web application development
  • Frontend and backend development
  • Database design and optimization
  • Cloud deployment and DevOps
  • Consultation and technical advisory services
  • Maintenance and support services

3. Service Agreement

3.1 Project Scope

All projects will be governed by a separate Statement of Work (SOW) or project agreement that defines the specific scope, deliverables, timeline, and compensation for the services.

3.2 Changes to Scope

Any changes to the agreed project scope must be documented in writing and may result in additional fees and timeline adjustments.

4. Payment Terms

4.1 Payment Schedule

Payment terms will be specified in the project agreement. Typically, we require:

  • 50% deposit before project commencement
  • Remaining balance upon project completion
  • Monthly billing for ongoing maintenance services

4.2 Late Payments

Invoices are due within 30 days of the invoice date. Late payments may incur a 1.5% monthly service charge and may result in suspension of services.

5. Intellectual Property

5.1 Client Ownership

Upon full payment, the client will own all custom code, designs, and deliverables created specifically for their project.

5.2 Third-Party Components

Projects may include third-party libraries, frameworks, or tools that remain under their respective licenses. We will clearly identify any such components.

5.3 Company Portfolio Rights

We reserve the right to use project work in our portfolio and marketing materials, unless otherwise agreed upon in writing.

6. Confidentiality

We agree to maintain the confidentiality of all proprietary information shared by the client during the course of our engagement. This obligation survives the termination of our services.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that our services will be performed in a professional manner in accordance with industry standards. We provide bug fixes for 30 days after project delivery.

7.2 Disclaimer

Except as expressly stated herein, we make no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

8. Limitation of Liability

In no event shall Novastack Software be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.

Our total liability shall not exceed the total amount paid by the client for the specific services giving rise to the claim.

9. Client Responsibilities

The client agrees to:

  • Provide timely feedback and approvals
  • Supply necessary content, assets, and information
  • Ensure access to required systems and accounts
  • Comply with all applicable laws and regulations
  • Maintain confidentiality of any login credentials provided

10. Termination

10.1 Termination by Either Party

Either party may terminate the service agreement with 30 days written notice.

10.2 Immediate Termination

We reserve the right to terminate services immediately for non-payment, breach of terms, or any illegal or harmful activities.

10.3 Post-Termination

Upon termination, the client will pay for all work completed to date. We will provide deliverables for paid work within 30 days.

11. Force Majeure

Neither party shall be liable for any failure to perform due to unforeseen circumstances or causes beyond their reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

12. Dispute Resolution

Any disputes arising from these terms or our services shall first be addressed through good faith negotiations. If unsuccessful, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules.

13. Governing Law

These terms shall be governed by and construed in accordance with the laws of the jurisdiction where Novastack Software is incorporated, without regard to conflict of law provisions.

14. Modifications

We reserve the right to modify these terms at any time. We will notify clients of material changes via email or website notification. Continued use of our services constitutes acceptance of modified terms.

15. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the terms shall remain in full force and effect.

16. Contact Information

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

Novastack Software

Email: hello@novastacksoftware.com

Website: Contact Form

17. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

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