Website & Application Development Terms and Conditions Including GDPR
Terms & Conditions – GDPR Compliance
DSTeck Terms and Conditions
For the purposes of this contract development in most cases will refer to the development of a website or other media piece agreed by a Client and DSTeck.
The Client is the person entering into an agreement with DSTeck for the purchase of services usually but not restricted to website development and other
DSTeck, DSTeck Inc or Digital Solutions Technology is the vendor and provider of services.
For the terms of this contract accessible will refer in most cases to accessible website design as referred to by W3C Guidelines.
The Client agrees to be bound by the following terms and conditions. Any amendments to the following must be mutually agreed.
General Data Protection Regulation
1. Development Process
- DSTeck agrees that all of the business affairs and information of the Client are to be kept confidential except where necessary for the execution of their services for the Client.
- DSTeck will host the Client’s website unless otherwise negotiated with the Client.
- DSTeck is not responsible for search engines crawling and ranking websites which are hosted either on the DSTeck within the DSTeck account within the in development section or at any time while it is in development at any other domains.
- DSTeck is not responsible for loss or damage to client’s data due to hacking of a website or other online system.
- DSTeck is not responsible for spamming, phishing, pharming or spoofing originating from a client’s website or online system.
- All intellectual property rights in materials provided by the Client for its website or application remains the Client’s property. Subject to this, all intellectual property rights in software, design work or any other materials provided to the Client pursuant to this agreement remain the property of DSTeck.
- The Client is responsible for ensuring that all material supplied to DSTeck during a development is either copyright free or that the Client has the permission of the respective copyright owners to use the materials.
- The Client will provide DSTeck within a reasonable timeframe either at the beginning of a development or before a development commences all information and assistance reasonably required for the completion of any agreed tasks, including overall business objectives and objectives for the Client’s website. This is to include but is not limited to costs, pictures, content information, photographs, timescales and required functionality, plus any relevant legal requirements, logos, artwork, product and service information.
- No website DSTeck creates includes the development of a logo as standard. However during the development of a website DSTeck may create some artwork as part of a Clients unique design which may be used by the Client for other purposes in their branding. Should the Client require that this artwork undergo further development such that it goes beyond three iterations this will then be counted separate to the original agreed development and is subject to DSTeck hourly rate of USD 50.00 per hour unless a set fee is otherwise agreed between the Client and DSTeck.
- Any information and images intended for inclusion in a website should normally be provided in digital format by email or CD-Rom unless previously agreed to between DSTeck and the Client. Should DSTeck have to spend unreasonable time converting material into a usable format for a development they reserve the right to charge the Client USD 50.00 per hour.
- Any additional cost arising where the information has to be created or converted to digital format by DSTeck will be agreed with the Client beforehand. If digital information is supplied in a non-standard format, the Client will be responsible for DSTeck reasonable costs of conversion to a usable format. Where DSTeck after making all reasonable efforts are unable to facilitate the conversion of content into a usable format a third part will be found to undertake this work. The cost of this are in addition of any previously agreed contract.
- If the Client does not engage in reasonable contact with DSTeck during the development of a project resulting in DSTeck being unable to continue with a development for a period of 2 weeks or if the Client fails to provide the above required content, information, text and images to DSTeck within normally a 3 week timescale from the date of initiation, or a period otherwise mutually agreed with DSTeck, then DSTeck reserves the right to charge the Client for the time spent on the Client’s project at up to a rate of USD 50.00 per hour plus a cancellation charge of 40% of the remaining fees due of the development. Should this happen it will be treated as a termination of contract by the Client. Should the Client subsequently request that DSTeck continue with a development, DSTeck reserves the right to renegotiate any fees due from the original contract or renegotiate a new contract.
- The Client is responsible for sending any information to DSTeck.
2. Termination and other Conditions
A. Where DSTeck provides services on an ongoing or continuous basis, DSTeck will provide the Client with one month’s notice of termination, or of any changes to relevant prices and conditions.
B. DSTeck may terminate the agreement with the Client at any time.
C. In the event of any of the below terminations, DSTeck reserves the right to charge the Client for the time spent on the Client’s project including time spent in communication with the Client in relation to any of the above matters at up to a rate of USD 50.00 per hour plus a project cancellation charge of up to 50% of the remaining fees due under the orders then current.
1. should the Client request updates or update themselves via a Content Management System the websites in such a way that the development is no longer accessible to people with disabilities
2. The Client change the purpose of their existing website and request updates or update themselves via a Content Management System a website so that the original aims and purposes of a site are no longer the same or similar to what was agreed in an original contract.
3. Should the Client fail to make a payment within 7 days of being notified that a due payment has not been made all Hosting and Email services will be suspended.
4. Should the Client go into liquidation or have a receiver/ administrative receiver appointed over any of its assets
5. If the Client is in breach of any term of this agreement and the breach is incapable of remedy or, if the breach is remediable, it continues for a period of 15 days after written notice requiring the breach to be remedied has been given to the Client
6. If, in DSTeck’ s sole opinion, the Client is using DSTeck services in a way likely to damage or bring disrepute onto DSTeck and the Client does not immediately desist from this use on written notice from DSTeck Web Design to this effect.
7. DSTeck is not responsible for loss or damage to clients data due to hacking of a website or other online system.
8. DSTeck is not responsible for spamming, phishing, pharming or spoofing originating from a clients website or online system.
9. If, in DSTeck’s sole opinion the Client is using a development which may bring DSTeck’s name into disrepute.
10. Should the Client cancel the project at any time for any reason, DSTeck reserves the right to charge the Client for the time spent on the Client’s project at up to a rate of USD 50.00 per hour and impose a project cancellation charge of up to 40% of any previously agreed fees.
11. The Client agrees to pay for DSTeck services within 30 days of invoice unless explicitly agreed otherwise in writing by DSTeck. DSTeck reserves the right to claim compound interest at a rate of 6 per cent per annum on the outstanding debt.
12. During some developments DSTeck may provide any service by means of third parties at its sole discretion. The Client accepts unconditionally that DSTeck is not liable for any loss or damage incurred by the Client including but not limited to loss of profit or search engine ranking.
13. DSTeck may appoint any of its employees to work on any project. It may also appoint people working on contract basis for DSTeck to work on any project
14. DSTeck will take all reasonable care in it undertaking of work for a Client to ensure that it is freed from errors. The Client warrants the understanding and acceptance that, as it is not possible to guarantee freedom from errors.
15. DSTeck will take reasonable care to ensure its assessments, audits and recommendations to a Client are soundly based and aimed at completing the agreed tasks to a professional standard. Where the Client undertakes actions following recommendations from DSTeck the Client accepts that responsibility for any subsequent outcomes from this, remains with the Client.
16. The Client may agree additional work at any stage with DSTeck. This may be subject to additional fees which may not be the same as fees for the same services previously rendered to the Client. The terms and conditions as outlined here will apply to the additional work unless explicitly varied by agreement between the two parties.
17. Where DSTeck offers links either via email or on DSTeck websites to other sites, DSTeck does not accept any responsibility for the content of those sites, the owners of which do not necessarily have any link, commercial or otherwise, with DSTeck. DSTeck also do not take responsibility for the links from its Clients websites.
18. DSTeck utilizes outside contracts for the hosting of all of the websites it creates. DSTeck is not responsible for this hosting though every care has been taken in its selections. If the outside contractor suspends the hosting or other internet services for the purpose of maintenance, improvement or repair or if there is any failure of or fault in the provision of the internet services for any reason not in the immediate, direct control of DSTeck or its agents, DSTeck will not be liable for any loss or damage incurred by the Client, whether direct or indirect (including, without limitation, loss of profit) and whether arising in contract, tort or otherwise.
19. DSTeck’s liability for any damages (including, without limitation, damages for loss of profits) arising in contract, tort or otherwise, resulting in any way from this agreement shall be limited, in aggregate over the entire period of the agreement, to the total amount paid by the Client to DSTeck for service(s) rendered under the contract at the time.
20. Nothing in these terms and conditions is to be interpreted as an attempt to limit or exclude DSTeck’s legal liability for any personal injury resulting from DSTeck’s negligence or to affect the Client’s statutory rights.
21.The Client agrees to indemnify DSTeck and will keep DSTeck fully indemnified against all loss, damage, costs, claims and expenses arising in any way from any service or product offered or provided to, via or concerning the Client’s web site and any breach of the terms and conditions set out in this document or associated documents.
22. Should the client wish to terminate services with DSTeck a USD 100.00 transfer fee is applied for the transfer of the domain and / or files. DSTeck maintains the right to withhold any custom coding or files which may be the
intellectual copyright of DSTeck and further negotiations can be entered to transfer such files. Files from suspended accounts cannot be transferred until the account is in credit.
23. Each provision in this agreement limiting or excluding liability operates separately and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.
24. This agreement is governed by and construed in accordance with Jordanian law. DSTeck seeks to clarify carefully and fully in these Terms and Conditions the obligations of DSTeck and its Clients for the provision of DSTeck services.
25. DSTeck reserve the right to alter these Terms and Conditions from time to time. By continuing to accept services from DSTeck after being notified by e-mail or otherwise of the altered Terms and Conditions the Client will be deemed to be bound by the altered Terms and Conditions. A copy of these terms and conditions will be available on the DSTeck website https://DSTeck.com/Terms at all times or at the request of the Client.
26. All amendments to this agreement, as well as any other assurances or arrangements, must be made in writing. Any agreement made on behalf of DSTeck by its representatives or agents shall only be binding if agreed in writing by DSTeck.
27. Unless otherwise mutually agreed, any quote provided by DSTeck will be valid for a maximum of 3 months.
3. Design, creation and maintenance of a website for the Client:
The Client commissions DSTeck to design and create a website to meet the agreed business needs of the Client and to submit the design and
completed website for the Client’s approval.
1. The website design fee or any outstanding part of it will be due in full on completion of the website or agreed stages. The Client undertakes to pay DSTeck the agreed design fee promptly on approval of the completed website or agreed staged development and on the submission of the associated invoice. The Client agrees not to unreasonably withhold approval of the design, stage development or completed website.
2. The design of the particular website will be the property of the Client upon completion of the contract. However, this will in no way prevent DSTeck from using any aspect of the site design or coding for other Clients. The Client may adopt aspects of the design in other media including print with the permission of DSTeck which will not be unreasonably withheld.
3. The Client understands that DSTeck may use the published website as a reference site only for future potential Clients of DSTeck and will not unreasonably withhold permission for this.
4. The Client is not restricted to engaging DSTeck to undertake site maintenance and amendment. This may be undertaken by the Client or a third party engaged by the Client
4. Hosting and Backup
1. The Client agrees to pay the agreed fees promptly annually in advance by cheque, cash or paypal as agreed mutually between the two parties.
2. DSTeck quoted hosting fees apply to the initial 12-month period. Where it becomes necessary to increase these in subsequent years, DSTeck will provide at least one months’ notice of any proposed increase.
3. The Client agrees to take adequate measures to ensure their website or any system operated or provided by DSTeck is not used for transmission of computer viruses, any material that is obscene, defamatory, abusive, indecent, or illegal, nor used in a manner creating a violation or infringement of the rights of any person, firm, company or other entity.
4. DSTeck reserves the right to suspend the hosting and / or other services at its absolute discretion for the purpose of maintenance, improvement, repair or prevention of problems.
5. Unpaid hosting accounts will be suspended 7 working days after the due date of payment. Should a client require access to the files on the suspended account hosting payment must be made in full.
6. Where DSTeck provides the Client with e-mail facilities, web hosting or other services which involve the provision of computer storage space, DSTeck reserves the right to impose limits on the storage space and bandwidth provided. Such limits may be by reference to the physical amount of space made available, the number of e-mail messages held, the size of any attachments sent or any other method DSTeck may specify. DSTeck reserves the right to vary these limits from time to time and will keep the Client informed by e-mail. DSTeck reserves the right to refuse to accept material and/or to delete material which exceeds the relevant limit.
7. Backup for files and databases occur every 48 hours. It is possible to reinstate a backup of your account but please note that data can be missing for up to a 48 hour period from the last backup.
Information We Collect.
(b) Cookies And Tracking Technologies: refer to the cookies policy.
(c) Access And Retention Of Data Controlled By Our Customers: An individual who is a current DSTeck customer who seeks access or wishes to correct, amend or delete inaccurate data about his account, will be able to do this simply editing data through the user profile form. Each customer will be able to update, export and delete account data at any time and directly by itself without the need of contacting us.
(d) We will retain personal data we process on behalf of our customers for as long as needed to provide our services. DSTeck will retain this personal information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
How We Use Your Information.
We use the information that we collect about your profile solely to provide access to your reserved area, purchased products and to provide regular invoices. We won’t use your collected data for any other purpose nor to send you any commercial or promotional ads.
How We Share Your Information.
(b) What Happens In The event Of a Change of Control: We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, and other User information related to the DSTeck Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
(c) Testimonials: We display personal testimonials of satisfied customers on our Site . With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can do it at any time.
Storage and Processing.
How We Protect Your Information.
Our Choices About Your Information.
For current DSTeck customers, you can review, correct, update, export or delete inaccuracies to the information about you that DSTeck keeps on file by logging into your account for example to update your password and billing information. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
Social Media Widgets.