Introduction
Welcome to Notch. This document outlines the Terms and Conditions governing your use of our website, software products, and custom web development services provided by Notch Procurement, Inc. ("Notch"). By accessing our website at www.hellonotch.com and https://app.hellonotch.com or utilizing our services, you agree to comply with these terms.
Description of Services
Notch specializes in providing Software Products and Custom Web Development services tailored to meet the specific needs of our clients.
Contact Information
For customer support inquiries, please contact us via email at [email protected] or by mail at:
Fulfillment Policy
Our Software Development services will be fulfilled according to the project scope and timeline agreed upon with the client. We strive to meet all project milestones and deliverables as outlined in any proposal. Any deviations from the agreed-upon scope will be communicated promptly to the client for approval.
If you wish to purchase any product or service or to make a payment to your Notch account through the Site (each such purchase or other transaction, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information or bank information. Any such information provided through the Site will be treated by us in accordance with the terms and conditions of this Agreement and our Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any Transaction.
Notch uses a third party to process payments for Transactions. We do not process payments nor maintain your credit card information. This third party payment processor has separate Terms and Conditions that you must agree to as part of the checkout process. We are not responsible for their Terms and Conditions or for the security and privacy of any credit card or other personal information that you submit through them. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
We reserve the right, with or without prior notice, (a) to change product or service descriptions; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the Site are subject to change without notice. Notch shall not be responsible for any errors in the prices, descriptions or expected delivery time of such products or services.
Cancellation Policy and Refunds
Clients may cancel their project and receive a full refund within 30 days of the initial payment, provided that no substantial work or resources have been allocated towards the project. For cancellations after this period, refunds will be assessed on a case-by-case basis.
Legal and Export Restrictions
Notch complies with all applicable laws and regulations, including but not limited to legal and export restrictions that may impact our business operations. Clients are responsible for ensuring compliance with local laws and regulations when using our services.
Privacy Policy
Our Privacy Policy governs the collection, use, and disclosure of personal information provided by users of our website and services. Please refer to our separate Privacy Policy document for more details.
PCI Compliance Guidelines
Notch adheres to Payment Card Industry Data Security Standard (PCI DSS) guidelines to ensure the secure handling of credit card information.
Change to Agreement
Notch may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the terms and conditions of this Agreement. Your use of the Site after such Amendments have been posted constitutes your agreement with and acceptance of such Amendments.
We reserve the right to modify these Terms of Service and Fulfillment Policy at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any such changes constitutes your acceptance of the revised terms.
Changes to Site and Services
Notch may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate the Site and any information, content, services or software offered on or through out the Site, for any or no reason, and with or without notice.
Intellectual Property Ownership
All information, materials, images, software, photographs, articles, functions, text and other content (collectively, “Content”) contained on or offered through the Site and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Notch, its licensors, vendors or content providers or other third parties. The Site and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Notch under the copyright laws of the United States and other countries. Notch may change the Site or delete any Content or features or services at any time, in any way, for any or no reason. Notch reserves all rights not expressly granted in and to the Site and the Content. Unauthorized use of Notch and all other trademarks, service marks, trade names, and logos displayed on the Site is strictly prohibited.
Use of the Site
Content may not be copied, reproduced, republished, uploaded, posted, re- delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without Notch’s prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Site icons, addresses or other means to hyperlink other web sites with any page in the Site. Prior written permission must be obtained from Notch to hyperlink in any manner to the Site. Notch reserves the right in its sole discretion to terminate this permission at any time with or without notice for any or for no reason.
Warrantee Disclaimer
While Notch uses reasonable efforts to include accurate and up to date information on the Site, Notch makes no warranties or representations as to its accuracy. Notch assumes no liability or responsibility for any errors or omissions in the information or Content of the Site.
NOTCH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOTCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE, OR AS TO CORRECTNESS, ACCURACY, RELIABILITY, CONDITION OR OTHERWISE REGARDING INFORMATION OR CONTENT ON THE SITE OR MERCHANDISE PURCHASED THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Warrantee Disclaimer
IN NO EVENT SHALL NOTCH BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH USE OF THE SITE, ITS CONTENT, INFORMATION OR FROM THE PURCHASE OR USE OF SERVICES FROM OR THROUGH THE SITE OR FOR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION, INFORMATION OR CONTENT ON THE SITE, EVEN IF NOTCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Site, you agree to indemnify, hold harmless and defend the Released Parties from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to reasonable attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Site in violation of this Agreement.
Governing Law
These Terms of Service and Fulfillment Policy shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between Notch and users of the Site relating to the subject matter contained herein. No delay or failure by Notch to take action under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by Notch. No single waiver will constitute a continuing or subsequent waiver. You agree that any cause of action arising out of or related to the Site or this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
