Notices and Policies
Software License Information
Last Updated: January 4, 2023
Effective: January 4, 2023
IF YOU DO NOT AGREE TO THIS POLICY, YOU SHOULD NOT PURCHASE SERVICES FROM NOVAWORKS.
Unless otherwise specified in a service order form executed or approved by you with respect to your purchase of Services ("Order Form"), all charges associated with your access to and use of a Service are due in full upon placing your order. Novaworks' fees are exclusive of sales taxes, and any value added taxes and other similar indirect taxes ("VAT"), applicable to its Services. In the event that Novaworks' Services are subject to sales tax or VAT, then Customer shall be responsible for such taxes and, where applicable, it shall be Customer's responsibility to self-account for local VAT via a self-charging or reverse charge mechanism. If Customer is located within New York State, state, county, and city taxes may be applied. If Customer purchases additional Services that are not initially set forth in any Order Form, such added Services shall be charged at Novaworks' then-current rates. Failure to pay charges indicated on any Order Form within five (5) business days of our notice to you that payment is due or delinquent, or if you do not update payment information upon our request, in addition to our other remedies, we may suspend or terminate access to and use of such Service by you.
All payments must be made in U.S. Dollars.
Tax Exemption: If you make a purchase on any Novaworks-operated website but have not yet submitted a tax exemption certificate that has been reviewed and approved by Novaworks, you will be assessed sales tax. We must be in receipt of a valid exemption certificate in order to apply a tax exempt status to your account. You have 90 days from the date of the tax-exempt purchase to email email@example.com, provide your tax exemption certificate, and request a refund. We do not guarantee refunds after the 90-day period.
Once your order is fulfilled and your exemption has been validated, a credit for the applicable tax amount will be applied to the form of payment used to make the tax-exempt purchase. If you used a credit card, please allow up to three billing cycles for the credit to appear on your statement.
2. Payment Terms
You must pay Novaworks according to this Payment Policy or as otherwise specified in an Order Form. Unless another payment method is specified, you must provide Novaworks with a valid credit or debit card ("Payment Method") which may be kept on file by Novaworks and/or its payment processors, and hereby authorize Novaworks to bill the Payment Method for any Services used. The terms set forth in any Order Form supersede this Payment Policy in the event of any conflict.
If you choose to enroll in Novaworks' auto-billing program for invoices generated under an Order Form, you authorize Novaworks to charge your stored Payment Method for any outstanding balance on the invoice due date. Failure to provide a current, valid Payment Method may result in unenrollment from auto-billing.
Without limiting any of Novaworks' remedies for non-payment or late payment of fees due to Novaworks, any undisputed fees which are not paid within sixty (60) days of the due date shall be subject to a late charge of one and one-half percent (1.5%) per month (18% per year) or the maximum allowed by law, whichever is less. If collection efforts are required, you must pay all costs of collection, including reasonable attorneys' fees.
Novaworks does not issue refunds for Services that have already been provided to you.
2.1 Prepaid Fees
Prepaid fees and subscription fees are not refundable, even if you elect to discontinue use of the Services prior to any applicable term expiration. The foregoing notwithstanding, in the event of conflict between the terms of this Policy and an Order Form or other underlying contractual agreement, the terms of the Order Form or underlying contractual agreement shall apply.
Novaworks may, in its sole discretion, choose to offer credits for the Services in various ways, including but not limited to, prepaid Services, coupons, promotional campaigns and referrals. Novaworks reserves the right to award credits at its sole discretion. Credits have no monetary or cash value, are non-transferable, and can only be used by you to offset your subsequent payments of fees due for the applicable Service. Credits may only be applied to fees due for the Service specifically identified by Novaworks when issuing the credit. To the extent that you have been provided credits, unless the instrument (including any coupon) states an earlier expiration date, these credits shall expire and no longer be redeemable twelve (12) months from the date the credit was issued.
4. Pricing Changes
The prices set forth in any Order Form shall be fixed for the duration of the pricing guarantee period, if any, set forth by Novaworks. Upon the expiration of any fixed pricing term, Novaworks may adjust the pricing of any Service from time to time and in its sole discretion, provided that Novaworks shall provide you with at least thirty (30) days' prior written notice of any pricing change. If you have multiple Order Forms, the most recently signed Order Form shall apply in the event of a conflict.
The foregoing notwithstanding, in the event that Novaworks' cost of providing the Services materially increases as the result of federal, state, or local laws, ordinances, or other regulatory, administrative, or governmental acts, then Novaworks may implement a surcharge equal to the increased cost.