TERMS & CONDITIONS
Welcome to the High Note Technologies website. Please read these Terms and Conditions (“Terms”) carefully before using our website. By accessing and using this website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.
1. Acceptance of Terms:
By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you are using our website on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Description of Services:
High Note Technologies provides software development and related services (“Services”) to its clients. The specific details and scope of the Services will be agreed upon in a separate agreement between the Company and the client.
3. Intellectual Property Rights:
All intellectual property rights, including but not limited to copyrights, trademarks, and patents, associated with our website and Services, are the property of High Note Technologies or its licensors. You may not reproduce, modify, distribute, or create derivative works from our website or Services without our prior written consent.
4. User Conduct:
You agree to use our website and Services in a responsible and lawful manner. You shall not engage in any activities that may disrupt or interfere with the proper functioning of the website or infringe upon the rights of others. Prohibited actions include, but are not limited to, unauthorized access, data scraping, spreading malware, or engaging in any form of illegal or unethical behavior.
5. User Accounts:
If you create an account on our website, you are responsible for maintaining the confidentiality of your account credentials and ensuring the security of your account. You agree to provide accurate and complete information when creating an account and promptly update any changes. We reserve the right to suspend or terminate accounts that violate these Terms or for any other reasons at our discretion.
6. Confidentiality:
Both parties agree to treat all confidential information shared during the provision of the Services as confidential. Confidential information may include but is not limited to trade secrets, proprietary information, client data, and project details. This obligation continues even after the termination of the Services.
7. Payment Terms:
The pricing and payment terms for our Services will be specified in the separate agreement between the Company and the client. Unless otherwise agreed, invoices shall be paid within thirty (30) days of the invoice date. Late payments may incur additional charges or result in the suspension or termination of the Services.
8. Disclaimer of Warranties:
We make no warranties or representations regarding the accuracy, reliability, completeness, or timeliness of the information provided on our website or through our Services. We do not warrant that our website will be error-free or uninterrupted, or that any defects will be corrected. Your use of our website and Services is at your own risk.
9. Limitation of Liability:
In no event shall High Note Technologies, its directors, officers, employees, or affiliates be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of our website or Services, including but not limited to loss of data, profits, or business opportunities, even if advised of the possibility of such damages.
10. Copyright Infringement:
We respect intellectual property rights. If you believe that any content on our website infringes upon your copyright, please follow our designated procedure for submitting infringement notices as outlined in our Copyright Policy. We will respond to and address valid infringement claims in accordance with applicable laws.
11. Third-Party Links:
This website may contain links to third-party websites that are not under the control of High Note Technologies. These links are provided for your convenience and do not signify our endorsement of the linked websites. We have no control over the nature, content, and availability of those websites. Therefore, we are not responsible for any loss or damage that may arise from your use of them.
12. Privacy Policy:
We respect your privacy and handle your personal information in accordance with our Privacy Policy. By using our website, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
13. Dispute Resolution:
Any disputes arising from or relating to these Terms, including their interpretation, validity, or performance, shall be resolved through good faith negotiations between the parties. If a resolution cannot be reached, the parties agree to submit the dispute to binding arbitration in accordance with the rules of [Arbitration Organization], held in [Jurisdiction]. Each party shall bear their own costs and expenses related to the arbitration.
14. Service Interruptions:
While we strive to provide a reliable and uninterrupted service, High Note Technologies does not guarantee continuous availability of our website or Services. We shall not be held liable for any losses, damages, or inconvenience caused by the temporary unavailability or interruption of our website or Services due to technical issues, maintenance, upgrades, or other factors beyond our control.
15. No Liability for Service Disruptions:
In the event of service disruptions, you agree that High Note Technologies and its directors, officers, employees, and affiliates shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the unavailability or interruption of our website or Services. This includes, but is not limited to, loss of data, profits, or business opportunities.
16. Modifications to Services:
High Note Technologies reserves the right to modify, suspend, or discontinue any aspect of the Services, including features, functionalities, or availability, at any time and without prior notice. We shall not be liable to you or any third party for any modifications, suspension, or discontinuation of the Services.
17. Service Level Agreement (SLA):
If applicable, the specific terms and conditions of the Service Level Agreement (SLA) will be outlined in a separate agreement between High Note Technologies and the client. The SLA will define the agreed-upon level of service, uptime guarantees, response times, and any remedies or compensations in the event of service failures.
18. Termination:
Either party may terminate the Services with written notice if the other party fails to comply with these Terms or any separate agreement. Termination does not relieve the client of any payment obligations incurred before the termination date.
19. Indemnification:
You agree to indemnify, defend, and hold harmless High Note Technologies and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses arising out of or in connection with your use of our website or Services, or your violation of these Terms or any applicable laws or regulations.
20. Force Majeure:
High Note Technologies shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, power outages, or governmental actions.
21. Modifications to Terms and Website:
We reserve the right to modify these Terms at any time without prior notice. Any changes will be effective upon posting the updated Terms on our website. We also reserve the right to modify or discontinue any aspect or feature of this website without notice or liability.
22. Governing Law:
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where High Note Technologies is based, without regard to its conflict of law provisions.
23. Severability:
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
24. Waiver:
Any failure by High Note Technologies to enforce any provision of these Terms shall not be construed as a waiver of that provision or the right to enforce it.
25. Entire Agreement:
These Terms, together with any separate agreement between High Note Technologies and the client, constitute the entire agreement between the parties regarding the use of our website and Services and supersede any prior agreements or understandings, whether oral or written.
If you have any questions or concerns regarding these Terms and Conditions, please contact us at support@highnotetechnologies.com.
Last updated: July 9, 2023 8:36AM