Section 01
Acceptance
By using the Nockta website (nockta.com) or engaging Nockta to deliver services, you agree to these Terms. If you are agreeing on behalf of a company, you confirm that you have the authority to bind that company. If you do not agree, do not use the site or engage us.
Section 02
Services
Nockta provides custom development, ecommerce development and management, design, and Amazon marketplace services. The exact scope, deliverables, timeline, fees, and team composition for any engagement are defined in a written Statement of Work signed by both parties. These Terms do not by themselves create an obligation for Nockta to perform any specific work.
Section 03
Fees and payment
Fees, payment schedule, and currency are set out in the applicable Statement of Work. Retainers are billed monthly in advance. Project work is billed against milestones. Invoices are payable within 14 days unless otherwise agreed. Late payments may incur reasonable interest and may pause work until cleared.
Section 04
Intellectual property
On full payment, the client owns the custom code, designs, and deliverables we produce specifically for the engagement, including infrastructure, repositories, and documentation. Nockta retains rights to its pre-existing tools, libraries, frameworks, and general know-how, which we license to the client on a perpetual, non-exclusive basis to the extent needed to use the deliverables.
Section 05
Confidentiality
Each party will treat the other's non-public information as confidential and use it only to perform the engagement. Confidential information does not include information that is public, was already known, or is independently developed. These obligations continue after the engagement ends.
Section 06
Client responsibilities
You agree to provide timely access to systems, content, decisions, and stakeholders required for us to do our work; to keep your accounts and credentials secure; and to use the deliverables in compliance with applicable laws. Delays in client input may shift timelines and milestones.
Section 07
Acceptable use of the website
You may not attempt to disrupt, reverse-engineer, scrape at scale, or use the Nockta website to send unsolicited communications, transmit malware, or violate the rights of others. We may block access to anyone breaching these conditions.
Section 08
Disclaimers
Except as expressly stated in a Statement of Work, the website and any content on it are provided "as is" without warranties of any kind. We do not warrant that the site will be uninterrupted, error-free, or fit for any particular purpose.
Section 09
Limitation of liability
To the maximum extent permitted by law, Nockta is not liable for indirect, incidental, special, consequential, or exemplary damages, or for loss of profits, revenue, or data, arising from or relating to use of the website. For paid engagements, our total liability is limited to the fees paid by the client to Nockta during the three months preceding the event giving rise to the claim, unless the applicable Statement of Work provides otherwise.
Section 10
Termination
Either party may terminate an engagement in line with the notice period set out in the Statement of Work. On termination, the client pays for work completed through the effective termination date, and each party returns or destroys the other's confidential information. The intellectual property, confidentiality, and limitation-of-liability sections survive termination.
Section 11
Governing law
These Terms are governed by the laws of the Province of Quebec, Canada, without regard to conflict-of-law rules. Any dispute is subject to the exclusive jurisdiction of the courts of Quebec, except where applicable consumer protection or mandatory rules give the client a different right of forum.
Section 12
Changes
We may update these Terms from time to time as the business or laws evolve. Material changes will be communicated to active clients. Continued use of the website after changes are posted constitutes acceptance of the revised Terms.
Section 13
Contact
Questions about these Terms or any engagement can be sent to hello@nockta.com.