Terms of Service

Access to and use of this website is conditional upon your acceptance of, and compliance with, these Terms. These Terms apply to all visitors, users, and clients of NovaRock Technology. By accessing the website, submitting an enquiry, or entering into a service agreement, you agree to be bound by these Terms.

Where a separate written service agreement ("Statement of Work", "SOW", or "Project Agreement") is executed between NovaRock Technology and a client, that agreement shall govern the specific engagement, and these Terms shall apply to all matters not covered therein.

NovaRock Technology provides enterprise technology services including, but not limited to, custom software development, cloud infrastructure design and migration, artificial intelligence and machine learning consulting, DevOps implementation, cybersecurity assessments, and related technical consulting.

Scope of Work

The precise scope, deliverables, timelines, and pricing for each client engagement will be set out in a written Statement of Work or Project Agreement, which will form part of the contractual arrangement between the parties. No work will commence without a signed agreement or written confirmation from an authorised representative of NovaRock Technology.

Website Use

This website is provided for informational purposes only. While we take reasonable care to keep information accurate and current, we do not guarantee that website content is always up to date. Nothing on this website constitutes a binding offer, professional advice, or guarantee of service availability.

In engaging our services, you agree to the following obligations:

• Provide accurate, complete, and timely information, materials, and access required for us to perform the agreed services.
• Designate an authorised point of contact who has authority to provide approvals and make decisions on your behalf.
• Review and respond to deliverables, questions, and requests for approval within the timelines agreed in the SOW.
• Ensure that all materials, data, and content you provide do not infringe any third-party intellectual property rights or violate any applicable law.
• Use the website and services only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the website.
• Notify us promptly of any changes to your requirements, circumstances, or authorised contacts that may affect the delivery of services.

Website Content

All content on this website — including text, graphics, logos, images, code, and design — is the property of NovaRock Technology or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any website content without prior written consent.

Deliverables Under Client Agreements

Intellectual property rights in deliverables produced under a client engagement will be as specified in the applicable SOW or Project Agreement. In the absence of a specific agreement:

• Custom-developed code and assets: Ownership transfers to the client upon receipt of full payment for the relevant milestone or project.
• Pre-existing IP and reusable components: NovaRock Technology retains ownership of all pre-existing frameworks, libraries, and tools developed independently. A perpetual, non-exclusive licence to use such components within the delivered project is granted to the client.
• Third-party components: Open-source or third-party licensed components remain subject to their respective licences.

Both parties agree to maintain the strict confidentiality of all non-public information disclosed in connection with a service engagement, including but not limited to technical specifications, business plans, pricing, client data, and proprietary processes ("Confidential Information").

• Each party shall use Confidential Information only for the purpose for which it was disclosed.
• Each party shall take reasonable precautions to prevent unauthorised disclosure of Confidential Information, equivalent to those taken to protect its own confidential information.
• These obligations do not apply to information that is or becomes publicly available through no breach of this obligation, or that a party is required to disclose by law or regulatory order.

Where a formal NDA is required prior to any substantive discussion, NovaRock Technology is willing to execute a mutual non-disclosure agreement. Please contact us at tech@novarock.co.in.

Fees for services will be set out in the applicable SOW or Project Agreement. Unless otherwise agreed in writing:

• Invoices are payable within 14 calendar days of the invoice date.
• Project engagements typically require a deposit of 30–50% of the total project value before work commences, with the remainder payable at agreed milestones.
• All fees are exclusive of applicable taxes (including GST). Applicable taxes will be added to invoices at the prevailing rate.
• Late payments may attract interest at 1.5% per month (or the maximum permitted by applicable law) on the overdue balance from the due date until the date of payment.
• NovaRock Technology reserves the right to suspend work on any active project where invoices are more than 14 days overdue, without prejudice to any other rights or remedies.

NovaRock Technology warrants that services will be performed with reasonable skill and care, in a professional manner consistent with industry standards. All other warranties, express or implied — including warranties of fitness for a particular purpose, merchantability, or uninterrupted service — are excluded to the fullest extent permitted by applicable law.

To the fullest extent permitted by applicable law, NovaRock Technology's total aggregate liability to you for any claim arising out of or in connection with these Terms or any service engagement — whether in contract, tort (including negligence), or otherwise — shall not exceed the total fees paid by you to NovaRock Technology in the three months immediately preceding the event giving rise to the claim.

In no event shall NovaRock Technology be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, loss of data, loss of business, or reputational damage — even if advised of the possibility of such damages.

Nothing in these Terms limits or excludes liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

You agree to indemnify, defend, and hold harmless NovaRock Technology and its officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your violation of these Terms or any applicable law or regulation.
• Your use of the website or services in a manner not authorised by these Terms.
• Materials, data, or content you provide that infringe any third-party intellectual property right or violate any law.
• Any claim by a third party arising from your use or misuse of deliverables provided to you.

These Terms remain in force for as long as you use this website or engage NovaRock Technology's services. Either party may terminate a service engagement as provided in the applicable SOW. In the absence of specific termination provisions:

• Either party may terminate an ongoing engagement by providing 30 days' written notice.
• NovaRock Technology may terminate or suspend services immediately where a client materially breaches these Terms or any service agreement and fails to remedy the breach within 7 days of written notice.
• Upon termination, the client will be invoiced for all work completed up to the termination date, and all undisputed invoices will become immediately due and payable.
• Provisions relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law shall survive termination.

In the event of a dispute arising out of or in connection with these Terms or any service engagement, the parties agree to first attempt to resolve the matter through good-faith negotiation. Either party may initiate this process by providing written notice describing the nature of the dispute and the resolution sought.

If the dispute is not resolved within 30 days of the written notice (or such longer period as the parties may agree), the dispute shall be referred to mediation administered by a mutually agreed mediator. If mediation fails, the dispute shall be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (India), with a single arbitrator agreed by both parties.

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Subject to the dispute resolution process in Section 11.0, the courts of Kurukshetra, Haryana, India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

For clients based in the European Union, European Economic Area, or United Kingdom, nothing in this section affects your rights under applicable consumer protection legislation in your country of residence.

• Entire Agreement: These Terms, together with any applicable SOW or Project Agreement, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• No Partnership: Nothing in these Terms creates or implies a partnership, joint venture, employment, or agency relationship between the parties.
• Assignment: You may not assign any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in the event of a merger, acquisition, or sale of assets.
• Force Majeure: Neither party shall be in breach of its obligations to the extent that performance is prevented or delayed by circumstances beyond its reasonable control.

For any questions about these Terms, please contact us:

• Email: tech@novarock.co.in
• Phone: +91 94683 65162
• Post: NovaRock Technology, NovaRock Group HQ, Kurukshetra, Haryana – 136118, India