Terms of Service - Nonsaas

1. Eligibility and Account Authority

By using our Site, you represent and warrant that you are at least 18 years of age and possess the legal authority to enter into a binding agreement. If you are accepting these Terms on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

2. Scope of Services

Nonsaas provides custom digital infrastructure development, deployment, and marketing solutions.

• Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Site or general public services at any time without notice.
• Client Agreements: Specific project deliverables, timelines, web hosting configurations (e.g., Cloudflare integration), and advertising budgets will be governed by separate, executed Statements of Work (SOW) or Service Agreements, which complement these Terms.

3. Fees, Payment, and Financial Terms

Payment Obligations

You agree to pay all fees specified in your individual Statement of Work (SOW) or invoice according to the designated payment schedule.

Grace Period and Late Fees

All invoices are subject to a 5-day grace period from the due date. If an invoice remains unpaid after the expiration of this 5-day grace period, a late fee will be applied immediately based on the billing tier:

• Tier 1: $25.00 flat fee.
• Tier 2: 50% of the outstanding invoice balance.

Service Suspension & Site Shutdown

If an invoice is not paid in full within 30 days of the original due date, Nonsaas will immediately close down your website and suspend all related infrastructure services (including hosting implementation, SEO maintenance, and active ad campaigns). The website and services will remain offline and suspended until the balance, including all accrued late fees, is paid in full.

Billing Escalation Workflow

We follow a structured communication process for outstanding balances:

• Friendly Reminder: Sent 3–5 days prior to the invoice due date.
• Formal Notice: Sent on the invoice due date, noting the impending expiration of the 5-day grace period.
• Application of Fee: Applied automatically on day 6 following the due date.
• Suspension Notice: Final warning issued prior to the 30-day threshold, preceding the immediate shutdown of active hosting and ongoing services.

Refunds

Due to the customized nature of development, SEO, and paid advertising services, all fees paid are non-refundable unless explicitly stated otherwise in a specific written agreement.

4. User Responsibilities & Restrictions

As a condition of your use of the Site and Services, you agree not to:

• Provide false, inaccurate, or misleading information.
• Use the Services for any illegal, unauthorized, or fraudulent purpose.
• Interfere with, disrupt, or compromise the security, integrity, or performance of the Site, its hosting environments, or connected servers.
• Reverse-engineer, decompile, or attempt to extract source code from any proprietary tools provided on the Site.

5. Intellectual Property Rights

Company Property: All text, graphics, logos, brand assets, software templates, and code interfaces displayed on or utilized by the Site are the exclusive property of Nonsaas or its licensors and are protected by applicable intellectual property laws.

Client Deliverables: Ownership of custom website builds, code implementations, and creative assets delivered to you will be transferred to you upon final, full payment, subject to any retained licensing rights for underlying open-source frameworks (e.g., Astro) or standard software components.

6. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NONSAAS EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT THE RESULTS OF SEO OR PAID ADVERTISING CAMPAIGNS WILL MEET SPECIFIC COMMERCIAL BENCHMARKS OR REVENUE TARGETS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONSAAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, OR THIRD-PARTY HOSTING INFRASTRUCTURE (E.G., CLOUDFLARE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO NONSAAS IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to defend, indemnify, and hold harmless Nonsaas, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or connected to your violation of these Terms, your misuse of the Services, or your violation of any third-party rights, including intellectual property or data privacy rights.

9. Governing Law & Dispute Resolution

Governing Law

These Terms and any dispute arising out of them 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.

Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

10. Privacy and Data Protection

Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy to understand our practices regarding data collection, consumer privacy rights, and third-party data tracking.

11. Severability & Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable by a court or arbitrator, the remaining provisions will remain in full force and effect. These Terms, along with any active SOWs, constitute the entire agreement between you and Nonsaas regarding the Site and Services.

12. Contact Information

For questions or legal notices regarding these Terms, please contact us at:

• Email: [email protected]
• Phone: 315-326-1699