Terms & Conditions

1. SCOPE OF SERVICES
2. TECHNICAL SUPPORT
3. CONFIDENTIALITY
4. DISPUTES
5. FORCE MAJEURE
6. LIABILITY

CUSTOMER MUST AGREE TO THESE TERMS TO UTILIZE NOCTION SERVICES


Rules and Regulations

These are the terms by which Noction will provide its services and distribute its product.
These terms may be amended or modified without prior notification at any time.
The agreement ("Agreement") governs the conditions by which Noction will provide the Service ("Service"), and Customer ("Customer") will utilize the Service.

In consideration of the mutual covenants set forth in these terms of service, both Noction and Customer hereby agree as follows:

1. SCOPE OF SERVICES

All services provided by Noction may be used for lawful purposes only. The Customer agrees to indemnify and hold harmless Noction from any claims resulting from the use of the service that damages the Customer or any other party. Noction will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Noction.

2. TECHNICAL SUPPORT

Noction agrees to provide its customers with technical support twenty four hours per day every day of the year without exception.

When opening a trouble ticket, the Customer may select a priority level ranging from low to critical.
The level of the ticket priority will determine Noction minimum response time.
Customers should select the appropriate priority level for each ticket.
Noction may change the ticket priority if the problem doesn`t match the priority level.
Customer must open unique tickets for each technical support issue.
Noction guarantees to process requests in order they are received according to their priorities.

3. CONFIDENTIALITY

Customer and Noction acknowledge and agree that the Specifications, client area details, all documentation, and information related to the performance, production, creation or any expression of the Services are the property of the Customer. Materials shared between Noction and Customer (the “Confidential Information”) including, but not limited to documentation, information about infrastructure, server specifications, client details, pictures, photographs, charts, correspondence, supplier lists, analysis and other furnished property shall be the exclusive property of the respective owner (the “Owning Party”) and will constitute valuable trade secrets. Both parties shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without prior written consent from the Owning Party, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public or had been previously made available by the Owning Party in a public venue.

4. DISPUTES

If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected.
If the dispute  is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected.
Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter.
Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator.

5. FORCE MAJEURE

Noction shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

6. LIABILITY

CUSTOMER UNDERSTANDS AND AGREES THAT Noction® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Noction® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.