1.1. By visiting this Website, you accept the terms and conditions set forth in this agreement. The use conditions are subject to fair changes, so please periodically visit this page. Please read this document carefully and if for whatever reason you are not in agreement with the said terms and conditions, please end your visit to the site.
1.2. Dotnokta takes all reasonable care to ensure that the information and materials contained in this Website, including text, graphics, advertisements, links or other items are accurate. Information on this website should not be regarded as a substitute for professional legal or financial advice. Whilst dotnokta endeavors to ensure that the information on the site is accurate, complete and up-to-date, dotnokta makes no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
1.3. Dotnokta does not warrant the accuracy, adequacy or completeness of the information and materials and expressly disclaims liability for errors or omissions therein. No warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, are given in conjunction with the information and materials.
1.4. dotnokta reserves the right to monitor and track your visits to the Site.
1.5. dotnokta is the owner or the licensee of all copyright, trade marks, design rights, database rights, confidential information or any other intellectual property rights (together, the “Intellectual Property”) in and on the Site. The Intellectual Property in and on the Site is protected by various laws and treaties around the World. All rights are reserved to dotnokta.
1.6. You are permitted to print and download extracts from the Site for your own use on the following basis:
1.6.1. no documents or related graphics on the Site are modified in any way;
1.6.2. no graphics on the Site are used separately from the corresponding text; and
1.6.3. our copyright and trademark notices and the permission given in these Terms must appear in all copies.
1.6.4. The use of any extract from the Site otherwise than in accordance with the above licence provisions (for any purpose) is prohibited. If you breach any of the above licence provisions, your permission to use the Site automatically terminates and you must immediately destroy any printed or downloaded extracts from the Site.
1.7. The Site may not be reproduced or stored, as a whole or in part, in any other website, or included in any public or private electronic retrieval system or service, without our prior written permission. Any rights not expressly granted in these Terms are reserved. You agree not to adapt, alter or create any derivative works from any of the material contained in the Site, or use such material for any purpose other than for personal, non-commercial use.
1.8. You must not access the Site for unlawful use, including, without limitation, use which would constitute a criminal offence. You hereby agree to on demand indemnify and keep us indemnified for any costs, claims, liabilities, fines, expenses, demands, proceedings and losses whatsoever made against or incurred by us as a direct or indirect result of your breach of this paragraph.
2. Site and Service Availability
2.1. You will need reliable Internet access. Some features will require broadband access for the best quality of service. We cannot and do not accept any responsibility for your hardware or software or for the costs of accessing our Site.
2.2. We will do our best to maintain the operation of our Site and to rectify faults if they occur but cannot guarantee that the site will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data.
2.3. We may have to suspend the site for repair, maintenance, improvement or other technical reasons. If so, We will do our best to ensure that the suspension takes place at a time when our Site is least likely to be used and that the suspension is for the shortest period possible.
2.4. We may make changes to the Site provided that these do not have a significant adverse effect on their quality.
3. Personal Use
3.1. Use of this Internet site is only for information purposes. You accept in advance not to distribute, publish, transfer, change, exhibit or produce artworks based on the same and / or use without getting permission of the site administrator.
3.2. You irrevocably accept to compensate for all kinds of loss and damage the site faced or to be faced due to using it without permission.
3.3. You further acknowledge that in no way whatsoever shall Dotnokta be liable for any damages, losses or expenses including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with or as a result of accessing this Website or its use thereof. Furthermore, Dotnokta shall not be liable or responsible for the inability to use this Website by any party, or to rely on the content of this Website, or in connection with any failure of performance, error, omission, interruption, defect, delay or failure in its operation or transmission, computer virus or line or system failure, even if dotnokta, or its directors, officers, employees, or servants are advised of the possibility of such damages, losses or expense. This exclusion clause shall take effect to the fullest extent permitted by law.
5. Commitments of Client / Contractual Amendments / Alteration of Service Request
5.1. In addition to the Terms and Conditions mentioned above, the Client accepts and agrees to the following terms and conditions.
5.2. Application, contract, or any other form, provided by the company, shall be considered as a part of this Terms and Conditions.
5.4. In the event that the client wishes to alter the services agreed upon under contract with DOTNOKTA, he or she is required to express a request for change to DOTNOKTA in writing.
5.5. DOTNOKTA will consider the implications the requested change will have regarding compensation, additional expenses and appointments.
5.6. The contracted parties will try to reach an agreement over the contents of the proposal for implementing the requested changes, whereby a successful agreement over the text regarding the requested changes will result in an amendment to the contract.
5.7. In the event that an agreement is not reached, or the amendment process is discontinued on other grounds, the original terms of agreement regarding the range of services remain unchanged.
5.8. Appointments affected by the amendment process in terms of the duration of the examination, the time needed for reaching agreements over the proposed changes, the length of time necessary for implementing the requested changes, and in addition, the time necessary for beginning the proceedings will, if possible, be postponed. DOTNOKTA will inform the client of the new appointments.
5.9. The client is responsible for the operating expenses ensuing from his or her request for change. This particularly includes the examination of his or her requested amendment, the drafting of an amendment proposal, and time taken into account due to delays in the process. The expenses will be calculated by DOTNOKTA according to an accepted rate of compensation.
5.10. DOTNOKTA is authorised to alter services or deviate from them if the changes made are considered by DOTNOKTA to be beneficial for the client.
In the Agreements conducted with Clients, unless the context otherwise requires, the following words and expressions shall have the following meanings:
“The Company” dotnokta, represented by website administrator and any other authorized person by the company;
“Fee” the price charged for the Services, as agreed between dotnokta and the Client;
“Intellectual Property” all intellectual property rights, including patents, utility models, inventions, copyrights, database rights, design rights, trade and service marks, trade names domain names, moral rights, topography rights, trade secrets and know-how in all cases whether or not registered or registerable and including all registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these existing anywhere in the world;
“Client”: a client of dotnokta or any other individual or entity referred to “as a Client”, by dotnokta.
"Social Media" shall mean all forms of social media such as Facebook, Google, LinkedIn etc.
"Display Ads" shall mean advertisements promulgated by any display networks.
"SEO" shall mean Search Engine Optimization.
"Video Advertising” shall mean advertising on Youtube.com, vimeo.com or any other similar public or private video website.
"Viral Advertising" shall include all forms of viral advertising, stealth advertising and advertising using Internet memes.
“Scope of Work” The specific deliverables and project requirements shall be governed by the Scope of Work document which shall be reviewed and approved by the Parties as a document separate from this website development services agreement.
7. General Terms
7.1. Unless it is evident from the context and having regards to the generality of the Agreement that a clause intends to mean otherwise: words denoted in the singular only shall include the plural and vice versa; words denoted in any gender shall include all genders; and, terms denoting people or persons shall include both natural and legal persons (such as corporations) and vice versa.
7.2. The Agreements may be executed in both English and other languages. If there is a conflict between the Agreements in its various translations the English version shall prevail.
7.3. The illegality or unenforceability of any clause (or part thereof shall have the effect of voiding that clause (or part thereof) only and not the entirety of the Agreement.
7.4. The obligations and benefits under this agreement shall not be assigned by either Party unless provided that the other Party first agrees in writing to said assignment.
7.5. The failure or delay by either Party to enforce any term of this agreement or to act upon a breach of any term shall not constitute a waiver of their rights.
7.6. Both Parties warrant that they will not do anything to hinder or adversely affect the execution of the other Parties' duties under the agreement.
7.7. Any variation to this agreement shall be made In writing and signed by both Parties.
7.8. Any notice served shall be made in writing and shall be considered served if it is handed to the other party in person or by email or delivered to their last known address or any other such address as the party being served may have notified as his address for service. All notices shall be delivered in English.
7.9. These Terms and Conditions are considered an integral part of any agreement made between dotnokta and Clients unless the context otherwise requires.
8. Legal Rights
8.1. DOTNOKTA grants the client the basic right, unlimited by time or space, to use the services it provides within the terms of contract. Software included with the services provided are protected under related copyright laws.
8.2. Any further use than that which is described in 8.1. is prohibited. The duplication, leasing, issuing of sub-licences, or any other exploitation of these services, is punishable by law.
8.3. Until all service charges are paid in full, DOTNOKTA may prohibit the client from using their services. DOTNOKTA may discontinue their services to the client for the duration of his or her breach of payment.
8.4. Furthermore, the contracted parties agree to keep the terms of this contract confidential and to protect the knowledge gained by its execution.
8.5. The obligation to confidentiality continues to remain valid even after the discontinuation of the contractual agreement.
8.6. If, following the discontinuation of the contract, one of the contractual parties requests the return of documents, such as strategy papers or briefs, they must be submitted as long as the other contracted party has no legitimate interest in the documents in question.
8.7. DOTNOKTA reserves the right to name clients as references on their website or in DOTNOKTA WEBSITES or other media. DOTNOKTA may, furthermore, utilise performed work for the purpose of demonstration, public exhibition or reference.
9.1. Executing any agreement shall be into line with the valid legislation and observe the laws.
9.2. All disputes, controversies or differences of any kind which may arise between parties in connection with or arising from these Terms or the carrying out of the Services, shall in the first place be amicably settled by and between the Parties. If the two Parties fail to amicably settle such disputes, controversies or differences, they shall finally be settled by competent courts.
10. Implied Terms
10.1. The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
10.2. The material on the Site is provided “as is”. dotnokta and any third party (whether or not involved in creating, producing, maintaining or delivering the Site) hereby exclude any and all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any: (i) direct, indirect, punitive or consequential loss or damage, (ii) loss of income, profits, goodwill, data, contracts or use of money, or (iii) loss or damage arising from or connected in any way to business interruption, and whether any of the foregoing are in tort, contract or otherwise) in connection with the Site, including the use, inability to use or the results of use of the Site. We are not responsible for the content of external websites. The Site may include links to external websites from time to time and when you access these links you may leave the Site. These links are provided for your convenience. External websites are not part of the Site and we do not endorse or accept any responsibility for the content of external websites (nor the products or services on them), are not responsible for the availability of external websites and will not be liable in any way for any loss or damage which you may suffer by using external websites, including, without limitation, viruses that may infect computer equipment, software, data or other property. If you decide to access linked external websites you do so at your own risk. Nothing in these Terms shall exclude or limit our liability for: (i) death or personal injury caused by negligence, or (ii) fraud.