Terms & Conditions

Last Update: 7/20/2019

Please read these “Terms and Conditions” carefully before using this website (http://NovoTempus.com) and the Mobile App (NovoTempus)

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accepting this agreement, you are accepting the Terms of this agreement, and are therefore bound by these Terms and Conditions. If you are entering this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and that entity’s affiliates and agents to the Terms and Conditions. If you, or your company, do not consent to these terms and conditions, you may not access or otherwise use this site.

This agreement is effective between You and NOVOTEMPUS (“Us”) as of the date you accept this agreement or access NovoTempus.

User Limits and Subscription and Representation

(i) Right to Use: Upon subscription, registration and agreement to these terms, NovoTempus grants you a personal, non-exclusive, non-transferable, and limited right to use the Site and view the Site for your personal/ and or business-related use. This license does not extend to the use of NovoTempus for commercial purposes outside of use directly related to your business, such as relicensing, releasing, or subleasing of licensing.

(ii) Subscription: The Site is provided on a subscription-based service. You may add or remove users and additional subscriptions at any time, permitting there are no changes in pricing.

(iii) Agreement: This agreement supersedes all other prior agreements, and this Agreement constitutes the entire agreement between you and NovoTempus relating to the subject matter of this Agreement.

(iv) Restrictions: As part of this agreement, you agree not to:

  • 1. License, sublicense, sell, resell, assign, transfer, distribute or otherwise make available to any third party the Service;
  • 2. Make any unauthorized use of the Site, including collecting and storing email addresses of users by electronic or other means for the purpose of sending unsolicited mail, or create user accounts under false pretenses;
  • 3. Modify the Site or otherwise disable, circumvent, or interfere with security related features;
  • 4. Partake in unauthorized framing of or linking to the Site;
  • 5. Attempt to impersonate another user by username, email, or other forms;
  • 6. Use the Site in violation of applicable law;
  • 7. Decipher, decompile, disassemble, or reverse engineer any of the software compromising or in any way making up a part of the site;
  • 8. Knowingly and willingly store, upload, or transmit any viruses, trojan horses, worms, or other material including spamming; and not to
  • o 9. Use the Support Services improperly or submit false reports of abuse or misconduct.

(v) Additional Services: NovoTempus will charge a fee for any optional additional services hosted for, or on, our Site. The fees will be negotiated with each individual client depending on labor required for completion. Services include: implementation of current software with clients’ existing files. Clients may choose to pay an additional fee to have one of our developers implement all of their current files and information into the software. Prices will vary depending on volume of implementation.

(vi) User Representation: By using this Site you are representing and warranting that (a) you have legal authority to enter into this Agreement, and (b) you will maintain the accuracy of any contact/payment/company/personal information and update information as necessary.

User Limits and Subscription and Representation

- You agree to use this Site in a respectful and ethical manner and in compliance with this agreement.

(vii) Responsibilities: You are responsible for all the content and activity occurring under You, or your firm’s account. You are responsible for the legality of your data, as well as its accuracy, and quality. Please make sure your data and managed storage of your data is in accordance with all applicable laws and requirements of your state and and all federal laws, regulations and requirements. NovoTempus does not assume liability for any erroneous, inaccurate, or malicious data or content. NovoTempus specifically disclaims ownership or custodianship over anything stored on its servers, which exists by virtue of a user, or third party, violating any state/federal/local law/rule/regulation.

(viii) Users’ Data: NovoTempus will not use your data for any means other than client communication. NovoTempus only processes your data on our servers, the Site will not (a) disclose your data to any third parties unless required to do so by law, (b) attempt to communicate with clients based on promotional matters, and (c) delete, or edit your data without prior consent.

i. Disclaimer: In the event that NovoTempus is required to disclose your data, we will: Contact you in writing regarding the terms of the requirement, after speaking with users, we will take any feasible steps to minimize such requirement to disclose your data or disclose only what is lawfully required to disclose. Protection of your data privacy from subpoena is the responsibility of the user, NovoTempus has no responsibility to fight a lawfully issued subpoena, but will cooperate with efforts by the client to keep their data private.

(ix) Data Deletion: You may request that NovoTempus delete all of your data at any point during your subscription, and it must be done in writing. No voice mail, phone conversation, voice note, or other form of verbal communication will be accepted other than written confirmation sent via email or letter. Moreover, upon the termination of this Agreement and termination of the Subscription with NovoTempus, all of your data will be deleted or destroyed from our Site and software.

(x) User Representation: By using this Site you warrant that:

  • 1. All information submitted by you for each User will be true, complete, current, and accurate.
  • 2. You will maintain the accuracy of all information and promptly update or revise any information necessary
  • 3. You are not a minor in the jurisdiction in which you reside or are above the age of 18.
  • 4. You have the legal capability to agree and comply with these terms.
  • 5. You will not access the site through non-human means, such as bots, scripts, etc.
  • 6. You will not use the Site illegally or for illegal purposes, and you will not violate any applicable laws.

* If you provide any inaccurate, untrue, illegal, incomplete, or not current information, we reserve the right to terminate or suspend your account and refuse future and current use of our Site. *

Term and Termination

- NovoTempus may at any time, and in its sole discretion, and without notice or liability, terminate or deny access to, or use of, the Site and any Site Content. This includes blocking any and certain IP addresses.

(xi) Term: The “Term” shall define the moment This Agreement is accepted by the user, and will continue until the subscription, whether monthly or yearly, has been terminated. Subscription Terms are automatically renewed for their equivalent additional periods unless the User gives the notice of non-renewal or cancellation 30 days before the yearly subscription ends, or two weeks before the monthly subscription ends.

(xii) Cancellation: All purchases are non-refundable. You may cancel or end your subscription at any time within the appropriate time period within the Term of cancellation. If you wish to cancel, the cancellation will take effect after the current paid term is finished. Unless this agreement is terminated within the “Trial Period” (First 30 days free) you will be held liable to pay for any unpaid fees covering the remainder of the Term. If you wish to cancel during the Trial Period, you must cancel within 5 days before the 30-day free trial period ends.

(xiii) Termination: Any violation of your payment duties, and any unauthorized, illegal, or unwarranted use of the Site will be considered a material breach of this Agreement. If you breach this agreement, whether a material or non-material breach, NovoTempus reserves the right to terminate this Agreement and the use of the Site from each User. If a User breaches this Agreement, we will contact the User or Firm directly via email or phone conference and attempt to resolve any breaches before fully terminating the Agreement and Subscription. If within 30 days, said breach has not been settled or resolved, the User’s account will be terminated at NovoTempus’ discretion. The storage of any material on our servers that violates state/federal/local law shall immediately act to terminate this agreement and constitutes a material breach. By storing any illegal data on our servers the User automatically forfeits rights over any, and all, data on our servers.

Billing and Payments

Billing: We will accept the following forms of payment:
1. Visa
2. Mastercard
3. Discover
4. American Express
You agree to provide a current, accurate, and complete purchase and account information for all purchases made on the Site. Furthermore, you also agree to maintain the accuracy of the account’s information at all times such as email addresses, payment method, and card expiration date. If your purchased subscription is to be renewed every month, you consent and authorize NovoTempus to charge your card on a regular basis (monthly or yearly) without requiring your prior approval to charge such credit card for all purchased services listed in the signed initial terms and any renewal of subscription, whether yearly or monthly. Credit cards will be charged net 30 days from the original invoice date, recurring every 30 days for monthly payments, and every 365 days for yearly payments.

(xv) Late Payments: NovoTempus has a forgiveness policy of three days for late payments. After three days, if the user has not submitted payment, they will incur a 1.5% interest rate charge per month, per total amount paid. If NovoTempus does not receive payments after 30 days of non-payment, NovoTempus reserves the right to cancel or suspend your account until all dues and fees are paid. NovoTempus is not If you wish to cancel during the Trial Period, you must cancel within 5 days before the 30-day free trial period ends. liable to You or any loss or damage you suffer as a consequence of the suspension. Cancellation or suspension of the Site does not relieve you of any dues paid, all dues are to be charged with interest to non-paying parties. Nonpayment of any amounts due for more than thirty days automatically forfeits the User’s rights over any data the user, or anyone has stored on NovoTempus’ servers.

(xvi) Service Fees: When purchasing NovoTempus as a service, the fees and provisions are based on the number of subscriptions purchased. If you have opted for our 30 day Free-Trial, services are cancelable until five days prior to the final date of the Free- Trial, noted on the commencement email provided by NovoTempus. If a user passes the 30-day free trial, without cancellation, they will be charged for the following month’s subscription fee. NovoTempus also offers implementation services as well as customization of platform services. Such services are to be arranged with each user individually. Prices will vary depending on volume of implementation, and fees are non-refundable once work has commenced.

(xvii) Tax: Sales Tax will be added to your purchase as required by us and any applicable law. You agree to allow us to charge you for the fees of Services, as well as Sales Tax monthly and/or yearly.

Data Storage and Confidentiality

(xviii) Data Storage: NovoTempus uses AWS (Amazon Web Services) to secure and transfer your data. AWS has been “architected to be the most flexible and secure cloud computing environment available today. Our core infrastructure is built to satisfy the security requirements for military, global banks, and other high-sensitive organizations.” – AWS “Most Secure”. The data shall be maintained according to the AWS terms and conditions. Nevertheless, you agree that we shall have no liability to you for any loss or corruption of data, and you hereby waive any right to action against us arising from any such loss or corruption of such data. NovoTempus specifically, and intentionally, does not indemnify AWS, or stand in the place of AWS, in the event of a loss of data, or breach of data, in regard to any legal action taken for a breech.

(xix) Confidentiality: Confidential information shall mean any information, data, and technical data considered proprietary or “confidential”. All parties agree that any communication marked “confidential” should be understood to be private and undisclosed. You agree that none of the parties will release or disclose the other party’s confidential information without prior consent from said party. All information labeled “confidential” will remain undisclosed unless (a) we are required by law to disclose said information. In this situation, parties should give as much notice as reasonably possible to disclose any such information, or (b) as authorized by you in writing. We do not accept any form of confirmation other than written confirmation.

Indemnification:

(xx) Indemnification by You: You agree to defend, indemnify, and hold us harmless, including our agents, partners, employees and respective officers, from any loss, liability, claim, demand, including reasonable attorneys fees made by any third parties, whether actual or alleged relating to (a) Use of the Site, (b) Your contributions, (c) breach of Terms and Conditions, (d) any breach of your representations, warranties, or contributions to the Site, (e) your violations of any third parties, or, (f) harmful acts towards any user or parties in the Site.

Procedure: The individual or user who indemnifies agrees to reasonable cooperation and facilitation of the settlement of any such claim. We reserve the right, at your required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

General:

(xxii) Agreement: This Agreement supersedes all prior or coexistent agreements and shall be between You and NovoTempus.

(xxiii) Changes to Agreement: There will be no variations or alterations that are valid unless it is written and signed by both parties.

(xxiv) Change of Control: If NovoTempus goes through a company sale, whether by way of an asset sale, capital stock or equity, membership or voting interests, merger, assignment, or recapitalization, this agreement shall be binding upon the new ownership and User, unless modified in writing.

(xxv) Signing: This Agreement, and any waivers, consents, or supplements hereto or in connection with may be executed in alternate forms. Acceptable forms of consent in form of signature will be accepted in facsimile or electronic delivery such as PDF, mailing of consent, and online signatures. Use of the NovoTempus Service constitutes automatic acceptance of this agreement.

(xxvi) HelloSign Client Virtual Signing: In order for a signed document to be legally binding, Novo user’s utilizing HelloSign, must verify the signer’s identity with a government issued ID before signing the document. Said document will only be legally binding in the state and/or country it is signed in. Please see HelloSign’s terms and conditions to be fully compliant with their service.

DISCLAIMER:

YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF SUCH SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, AND MAKE NO WARRANTIES, OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT ON ANY WEBSITE LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERY DAMAGE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO, OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY:

IN NO EVENT WILL NOVOTEMPUS OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN THE CLAIMS ARISING UNDER THE PARTY’S OBLIGATION OF CONFIDENTIALITY SPECIFIED IN THIS AGREEMENT.