Terms of Service (ToS) – Nowapy

Effective Date: 25/11/2023

Welcome to Nowapy. These Terms of Service ("Terms") govern your use of our website, products, and services, including software development, web/app design, UI/UX services, and technology consulting. By accessing or using our services, you agree to be bound by these Terms.

Definitions

  • "Company," "We," "Us," or "Our" refers to Nowapy.
  • "Client," "User," "You," or "Your" means the individual or entity using our services.
  • "Services" refers to all digital services offered by Nowapy, including but not limited to software development, consulting, and design.
  • "Deliverables" refers to any products, designs, code, or other outputs delivered to the Client.

Eligibility

  • At least 18 years old or legally authorized in your jurisdiction.
  • Capable of entering into a binding contract.

Scope of Services

  • Custom software and mobile app development
  • Website design and development
  • UI/UX design
  • Digital transformation consulting
  • Maintenance and support

All services are provided as agreed upon in a written proposal, quotation, or project agreement.

Client Responsibilities

  • Provide accurate information and timely feedback.
  • Supply all content, branding, and materials needed for project completion.
  • Make payments as agreed in writing.
  • Delays in providing materials or approvals may affect delivery timelines.

Payment Terms

  • Pricing is set based on project scope or retainer agreement.
  • Payments may be required in milestones (e.g., 50% upfront, 50% upon delivery).
  • Invoices are payable within 7–15 business days unless otherwise agreed.
  • Late payments may incur a 5% monthly interest fee.
  • All payments are non-refundable once work has started unless stated otherwise.

Intellectual Property

  • Upon full payment, ownership of custom code, designs, and deliverables transfers to the Client.
  • Nowapy reserves the right to showcase non-confidential projects in portfolios unless restricted by NDA.
  • Reuse of proprietary tools, frameworks, or open-source components is subject to licensing terms.

Confidentiality

  • Both parties agree to:
  • Keep confidential information secure and not disclose it to third parties.
  • Only use such information for the purpose of fulfilling the agreement.
  • This obligation survives the termination of services.

Warranties and Limitations

  • We warrant that:
  • Our services will be performed in a professional and workmanlike manner.
  • We will deliver what was contractually agreed.
  • We do not guarantee:
  • That the delivered software will be free of bugs.
  • That your website/app will achieve specific business results.
  • Continuous uptime of third-party platforms (e.g., APIs, hosting providers).
  • Services are provided "as is," and we disclaim any other warranties to the maximum extent permitted by law.

Limitation of Liability

  • To the fullest extent allowed by law, Nowapy shall not be liable for:
  • Any indirect, incidental, special, or consequential damages
  • Any loss of profits, revenue, data, or business opportunities
  • Total liability exceeding the amount paid for the services in the 3 months prior to the claim

Termination

  • Either party may terminate a project or retainer:
  • With [10–30] days’ written notice for ongoing contracts
  • Immediately, if the other party breaches these Terms and fails to remedy within 7 days
  • Upon termination:
  • The Client must pay for all work completed to date.
  • We will return or delete all data upon request.

Governing Law and Jurisdiction

These Terms are governed by the laws of [Insert Country – e.g., United Arab Emirates / United Kingdom / Lebanon / your local base], without regard to conflict of laws. Any disputes will be handled in the competent courts of [City/Country].

Changes to Terms

We may update these Terms from time to time. Continued use of our services constitutes acceptance of the updated Terms.

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