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Terms & Conditions

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Effective Date: 2 Feb 2020
Company: Notocia Technologies (OPC) Private Limited
Country: India

These Terms & Conditions ("Terms") govern the use of services provided by Notocia Technologies (OPC) Private Limited ("Notocia Technologies", "we", "us", or "our") to clients ("Client", "you", or "your").

By engaging Notocia Technologies for software development, design, consulting, maintenance, or other technology services, you agree to these Terms.

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1. Services

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Notocia Technologies provides technology-related services, which may include:

  • Software and application development

  • Website development

  • UI/UX design

  • Mobile application development

  • Web application development

  • API and third-party integrations

  • Software consulting

  • Maintenance and technical support

  • Custom software solutions

  • Other technology services agreed upon with the Client

The exact scope of services will be determined by the project proposal, quotation, statement of work (SOW), agreement, or other written communication between the parties.

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2. Project Scope

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Before starting a project, the Client and Notocia Technologies may agree upon:

  • Project requirements

  • Features and functionality

  • Development milestones

  • Estimated timelines

  • Project fees

  • Payment schedule

  • Deliverables

  • Revision limits, where applicable

Any work outside the agreed scope may be treated as additional work and may result in additional charges.

Changes to the project requirements after development has started may affect the project timeline and cost.

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3. Client Responsibilities

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The Client agrees to:

  • Provide accurate project requirements and information.

  • Provide necessary content, assets, credentials, API keys, and access when required.

  • Provide timely feedback and approvals.

  • Ensure that information and materials provided to Notocia Technologies do not infringe the rights of third parties.

  • Make payments according to the agreed payment schedule.

Delays in providing information, approvals, content, credentials, or other dependencies may result in corresponding delays to the project.

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4. Payment Terms

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Project fees, payment schedules, milestones, and applicable taxes will be communicated to the Client before or during the engagement.

Unless otherwise agreed in writing, payments must be made according to the agreed payment schedule.

Applicable taxes, government charges, third-party service charges, hosting charges, domain charges, API charges, software subscriptions, marketplace fees, and other external costs may be charged separately where applicable.

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5. No Refund Policy

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All payments made to Notocia Technologies for software development, design, consulting, or other services are non-refundable once work on the project has commenced.

Because our services involve time, resources, development work, planning, design, technical expertise, and other professional services, payments cannot generally be refunded once the agreed work has started.

This includes, where applicable:

  • Advance payments

  • Deposits

  • Milestone payments

  • Development fees

  • Design fees

  • Consulting fees

  • Customization fees

  • Maintenance or service fees

If a project is cancelled by the Client after work has commenced, amounts already paid will not ordinarily be refunded.

Any exception to this policy must be expressly agreed to in writing by Notocia Technologies.

Nothing in this section is intended to exclude or restrict any consumer or other legal rights that cannot lawfully be excluded under applicable law.

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6. Project Cancellation

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The Client may request cancellation of a project by providing written notice.

If cancellation occurs after work has commenced:

  • Amounts already paid will generally remain non-refundable.

  • Any outstanding amount for work already completed or committed may become payable.

  • Third-party expenses already incurred on behalf of the project may be charged to the Client.

  • Project files and deliverables may be provided according to the payment and contractual status of the project.

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7. Delivery and Acceptance

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Notocia Technologies will make reasonable efforts to deliver the agreed project within the estimated timeline.

Estimated timelines are dependent on:

  • Client feedback

  • Availability of required information

  • Third-party services

  • Technical dependencies

  • Changes in project requirements

  • Other circumstances outside our reasonable control

A project or milestone may be considered accepted when the Client approves the deliverable or begins using the delivered software or functionality.

Minor bugs or technical issues that do not materially prevent the agreed functionality from operating will not automatically constitute grounds for a refund.

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8. Revisions and Changes

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The number of revisions or changes included in a project may depend on the agreed scope.

Requests that materially change the original requirements, design, functionality, or technical architecture may be treated as additional work.

Additional work may require additional fees and a revised delivery timeline.

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9. Third-Party Services

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Projects may depend on third-party services such as:

  • Cloud hosting providers

  • Payment gateways

  • App stores

  • APIs

  • Authentication providers

  • Communication platforms

  • Analytics services

  • Domain providers

  • Software libraries and services

Notocia Technologies is not responsible for outages, pricing changes, policy changes, API changes, account restrictions, service termination, or other issues caused by third-party providers.

Third-party fees are generally the responsibility of the Client unless otherwise agreed.

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10. Intellectual Property

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Unless otherwise agreed in writing, ownership and licensing of project deliverables will be determined by the applicable project agreement, quotation, or statement of work.

Where the Client has paid all agreed project fees, ownership or usage rights for the agreed deliverables may be transferred to the Client as specified in the project agreement.

Notocia Technologies may retain ownership of its pre-existing:

  • Frameworks

  • Libraries

  • Templates

  • Components

  • Tools

  • Development methods

  • Reusable code

  • Know-how

  • Internal systems

unless otherwise agreed in writing.

Third-party software, libraries, APIs, fonts, images, plugins, and other third-party materials remain subject to their respective licenses.

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11. Confidentiality

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Both parties may receive confidential information during a project.

Each party agrees to take reasonable steps to protect confidential information and use it only for legitimate purposes related to the business relationship.

Where a separate NDA or confidentiality agreement exists, that agreement will also apply.

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12. Data Deletion

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Notocia Technologies generally follows a data-minimization approach.

After delivery and completion of a project, client-provided project data, files, credentials, and other working materials may be deleted from our active systems in accordance with our Privacy Policy.

Certain business, financial, contractual, or legally required records may be retained for the period required by applicable law.

Backups may remain temporarily in accordance with our backup and infrastructure processes.

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13. Client Content and Responsibility

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The Client is responsible for ensuring that all content, data, images, documents, software, trademarks, information, and other materials supplied to Notocia Technologies:

  • Are legally obtained.

  • May legally be used for the project.

  • Do not infringe third-party rights.

  • Comply with applicable laws and regulations.

The Client is responsible for obtaining any necessary permissions, licenses, or consents.

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14. Security

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We take reasonable measures to protect project information and systems.

However, no technology system or internet transmission can be guaranteed to be completely secure.

The Client is responsible for maintaining the security of its own accounts, passwords, hosting accounts, third-party services, and credentials after they are delivered or transferred to the Client.

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15. Warranty and Support

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Unless specifically agreed otherwise, Notocia Technologies does not provide an unlimited warranty or lifetime support for delivered software.

Any post-delivery support, maintenance, updates, bug fixes, or additional development will be provided according to the applicable project agreement or support plan.

Issues caused by third-party service changes, modifications made by the Client or another developer, misuse, infrastructure changes, or unsupported environments may not be covered under complimentary support.

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16. Limitation of Liability

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To the maximum extent permitted by applicable law, Notocia Technologies will not be liable for indirect, incidental, special, consequential, or business losses arising from the use or inability to use the services.

This may include loss of:

  • Revenue

  • Profits

  • Business opportunities

  • Data

  • Customers

  • Reputation

Notocia Technologies' total liability arising from a project will, to the extent permitted by applicable law, be limited to the amount actually paid to Notocia Technologies for the specific services giving rise to the claim.

This limitation does not apply where such limitation is prohibited by applicable law.

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17. Force Majeure

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Notocia Technologies will not be responsible for delays or failure to perform obligations caused by circumstances beyond its reasonable control.

These circumstances may include:

  • Natural disasters

  • Government actions

  • Internet or infrastructure failures

  • Cyber incidents

  • Power outages

  • Third-party service failures

  • War or civil unrest

  • Pandemics

  • Other unforeseen events beyond reasonable control

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18. Termination

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Either party may terminate a project or service relationship according to the applicable project agreement.

Termination does not automatically create a right to a refund.

Amounts already paid remain subject to the No Refund Policy and the applicable project agreement.

Outstanding amounts for services already provided or committed may remain payable.

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19. Changes to These Terms

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Notocia Technologies may update these Terms from time to time.

The updated Terms will become effective when published or otherwise communicated to clients.

The Terms applicable to a particular project may also be supplemented or modified by a written project agreement, quotation, SOW, or contract.

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20. Governing Law

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These Terms shall be governed by and interpreted in accordance with the applicable laws of India.

Any disputes will be subject to the applicable jurisdiction and courts as agreed between the parties or determined under applicable law.

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21. Contact

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For questions regarding these Terms & Conditions, please contact:

Notocia Technologies (OPC) Private Limited
Country: India
Email: notociaofficial@gmail.com

Last Updated: 2 Feb 2020

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