Terms & Conditions
Welcome to Nostra Technology. By accessing and using this website, and engaging with our services, you agree to be bound by the following Terms and Conditions. These terms are designed to govern the use of our website and our professional services. If you do not agree with these terms, you are not permitted to use our website or services.
1. Software License Terms
At Nostra Technology, we provide software solutions tailored to meet the needs of our clients. The following terms apply to any software that is provided by Nostra Technology.
1.1. License Grant
Nostra Technology grants you a limited, non-exclusive, non-transferable license to use the software provided by us ("Software") solely for your internal business purposes and in accordance with the terms outlined in this agreement. This license is granted for the duration of the agreement and can be revoked if the terms are violated.
- Usage Scope: The Software is to be used exclusively in connection with the services provided by Nostra Technology and is not to be transferred or sublicensed to any third parties.
- Limitation: The Software is licensed for use only on devices and systems as specified in the agreement. Any modification, copying, distribution, or reverse engineering of the Software is strictly prohibited.
1.2. Restrictions on Use
You agree that you will not:
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software.
- Rent, lease, sell, sublicense, or distribute the Software to any third party.
- Use the Software in any way that could harm the functionality or security of Nostra Technology’s systems or network.
1.3. Ownership and Intellectual Property
All intellectual property rights, including copyrights and patents, in the Software and any related documentation remain with Nostra Technology. This agreement does not transfer any ownership of the Software to you.
- No Transfer of Rights: By using the Software, you do not gain any right, title, or interest in the Software or any related intellectual property, except for the limited license granted under this agreement.
2. Maintenance Service
Nostra Technology provides maintenance services to ensure the Software operates as intended and continues to meet the client's needs.
2.1. Scope of Maintenance Service
Our Maintenance services include:
- Software Updates: Regular updates to improve functionality, security, and performance.
- Bug Fixes: Addressing any bugs or issues discovered after the Software has been deployed.
- Technical Support: Assistance with any technical issues related to the Software.
2.2. Exclusions
Maintenance service does not cover:
- Custom software developed by third parties or modifications not authorized by Nostra Technology.
- Problems arising from unauthorized hardware or network failures.
- Support for outdated versions of the Software not covered under an active service agreement.
2.3. Service Availability
- Support Hours: Our support team is available Monday to Friday, from 9:00 AM to 5:00 PM.
- Emergency Support: For urgent issues, support may be available outside regular hours for an additional fee.
3. Fees And Payment
The fees for the services provided by Nostra Technology are outlined in the service agreement. All clients must agree to the following payment terms:
3.1. Payment Terms
- Invoices: After signing the service agreement, an invoice will be issued according to the payment schedule agreed upon. Payment is due within (30) days from the date of the invoice unless otherwise agreed.
- Mode of Payment: Payments may be made via bank transfer, credit card, or other methods specified by Nostra Technology.
3.2. Late Payments
Failure to make payments on time will result in the following:
- Late Fees: A late fee of 3% per month will be applied to overdue amounts.
- Service Suspension: If payments are not received within (30) days after the due date, Nostra Technology reserves the right to suspend or terminate services until payment is made in full.
3.3. Taxes
The fees outlined in the agreement are exclusive of taxes. You are responsible for paying any applicable taxes, including sales tax, value-added tax (VAT), or other similar taxes as required by law.
4. Intellectual Property
The intellectual property rights related to the work provided by Nostra Technology are as follows:
4.1. Ownership of Deliverables
All deliverables created during the course of the engagement (including but not limited to software, documentation, technical reports, designs, and configurations) are the property of Nostra Technology unless specifically stated otherwise in writing.
4.2. License to Use Deliverables
Upon full payment for services, Nostra Technology grants you a non-exclusive, non-transferable, and revocable license to use the deliverables solely for the purposes outlined in the agreement.
- Use Restrictions: You are not permitted to transfer, sublicense, or distribute the deliverables without express written consent from Nostra Technology.
4.3. Client Data
Nostra Technology acknowledges that any data provided by the client remains the sole property of the client. We will not claim any ownership over this data, and we will use it solely for the purpose of providing the contracted services.
5. Confidentiality
Both parties agree to maintain the confidentiality of all confidential and proprietary information disclosed during the engagement.
5.1. Definition of Confidentiality Information
Confidential information includes, but is not limited to, business plans, software, customer data, financial information, marketing strategies, trade secrets, and any other proprietary information disclosed by either party.
5.2. Non-Disclosure Obligations
Both parties agree to:
- Keep all confidential information in strict confidence.
- Not disclose confidential information to third parties without prior written consent, except as required by law.
- Use the confidential information only for the purposes outlined in this agreement.
5.3. Duration of Confidentiality Obligations
The confidentiality obligations outlined in this agreement will remain in effect during the term of the agreement and for (1) years following its termination.
6. Warranty
Nostra Technology provides the following warranties for its services and products:
6.1. Software Functionality Warranty
We warrant that the Software will function substantially as described in the specifications provided in the agreement. If defects are identified within the warranty period, Nostra Technology will work to fix them at no additional cost.
6.2. Warrant Exclusions
The following are excluded from the warranty:
- Problems caused by misuse, unauthorized modifications, or third-party interference.
- Issues arising from external causes, such as network outages or hardware failures.
6.3. Limitation of Warranty
This warranty is the sole and exclusive remedy for the client. Nostra Technology disclaims any other warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.
7. Indemnity
Both parties agree to indemnify and hold harmless the other party against any legal claims, damages, losses, or expenses arising from their actions or omissions.
7.1. Client Indemnity
The client agrees to indemnify Nostra Technology from any claims, damages, or losses resulting from:
- The client’s misuse or modification of the Software.
- Any breach of confidentiality or intellectual property rights.
7.2. Nostra Technology Indemnity
Nostra Technology agrees to indemnify the client against claims or damages arising from our breach of warranty or violations of intellectual property rights related to the Software or services provided.
8. Term & Termination
The terms and conditions governing the duration and termination of this agreement are as follows:
8.1. Term of Agreement
This agreement shall commence on the date it is signed by both parties and shall continue until the services are completed or terminated according to the terms outlined herein.
8.2. Termination of Breach
Either party may terminate the agreement with written notice if the other party breaches any material term of the agreement and fails to cure such breach within (30) days after receiving written notice.
8.3. Termination for Convenience
Either party may terminate the agreement for any reason by providing (30) days' written notice to the other party.
8.4. Effect of Termination
Upon termination, the client is required to pay all outstanding fees for services rendered up to the date of termination. Both parties will also work to return or destroy any confidential information held by the other party.
9. General
The general terms of this agreement include:
9.1. Entire Agreement
These Terms & Conditions, along with the service agreement, constitute the entire understanding between Nostra Technology and the client regarding the services provided and supersede all prior agreements, representations, and communications.
9.2. Force Majeure
Neither party shall be held liable for any failure or delay in performance of their obligations if such failure or delay is due to causes beyond their reasonable control, including but not limited to natural disasters, war, or technical disruptions.
9.3. Governing Law
This agreement shall be governed by and construed in accordance with the laws of Indonesia, without regard to its conflict of law principles.
9.4. Dispute Resolution
Any disputes arising from this agreement will be resolved through binding arbitration in Indonesia. Both parties consent to the exclusive jurisdiction of the courts in Indonesia.
9.5. Severability
If any part of this agreement is deemed invalid or unenforceable by a court of law, the remainder of the agreement shall remain in full force and effect.