Terms of Service
Datacraft Systems provides IT services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Datacraft Systems are subject to the following terms of service:
Design Service
Your website, system or graphics will be designed by one of our Professionals, who will do their best to deliver you the best product you deserve at affordable cost. To ensure your complete satisfaction we will build your website/software on a temporary link or localhost. This gives you the ability to offer creative feedback and input regarding the changes that you desire from the comfort of your home or office. We will work with you step-by-step through the development process to ensure the project is meeting your expressed needs and exceeding your expectations.
Once we have mutually agreed that the project is finished and ready to publish then are you obligated to pay us the balance for our design services. Once we have received payment we will install your website/software to your domain/network or provide the software for you to download and install.
Maintenance Service
Datacraft Systems does not undertake to maintain or update a client's project as part of the design commission. Upon delivery of client’s work, all change requests made thereafter are handled as maintenance service.
If a client wishes Datacraft Systems to maintain or update a project as a separate commission, Datacraft Systems will negotiate with the client a maintenance contract in accordance with the regular maintenance rates.
Datacraft Systems reserves the right to reject maintenance of an existing project if we are unable to comprehend the project’s language because the design was made by a different developer. We will however recommend a redesign if we are unable to update your project or find it unfit for publication.
Pricing
Project Design cost is variable and based on individual design if it cannot be catered for by our preset packages. If you choose to order for a preset package, then all work provided will be limited by the details offered in that package.
Datacraft Systems reserves the right to alter prices of its preset packages at any time without notice. If a client has commissioned any services from Datacraft Systems prior to a change in prices that commission will not be subject to any change, but any subsequent commission may be subject to change.
Completion Date
For Design Service orders Datacraft Systems and the client must work together to complete the project in a timely manner. We agree to work expeditiously to complete the project no later than the agreed date after client has submitted all necessary materials. If the client does not supply Datacraft Systems with complete text and graphic content or reviews for this project within 3 days from date of order, we are not liable for time lost or failure to meet the agreed deadline.
For webhosting and domain service orders, the delivery of the service will be made within 48 hours from confirmation of order and receipt of payment. This time is required for global propagation of the website across different Internet Service Providers.
Datacraft Systems will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Design Payments:
The client agrees to pay the company in accordance with the terms specified in the invoice. Accounts that have not been approved by our credit department, will be required to pay 60% of the project cost before work can begin.
On accounts that have been approved by our credit department, they will be required to pay 60% of the project cost after approval of the sample designs. Unless otherwise specified, all subsequent balances due are payable upon completion of the work. The copyright for all material provided by Datacraft Systems , such as HTML code, graphics, photographs and text, will remain the property of Datacraft Systems until such time as payment has been made in full.
If the client decides they no longer want the work, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
We reserve the right to refuse commencement, completion or delivery of work until past due balances are paid. We also reserve the right to withdraw the work if past due balances are not paid within 14 days of delivery of the work.
Datacraft Systems expects payment by cheque, mobile money or cash within 7 days of the date on the invoice. Any payment returned by the bank or credit card company will incur a UGX50,000 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
Hosting Payments
All hosting accounts are billed according to the dates they were first activated on. Hosting accounts are set up on a pre-pay basis unless a mutually agreed payment date is specified. If 7 days have passed after the renewal date or agreed payment date and payment has not been posted, the account will be suspended. If you will not pay for service renew in 3 weeks after suspension, your account will be terminated and we shall not be liable for any loss of data or domain. You will receive an email reminder 14 days before suspension.
Money Back Guarantee
If you’re not satisfied with the progression of your project, we offer a refund guarantee on the advance paid.
We will provide 100% Refund if requested prior to showing of any layout or before 3rd round of revision request.
Upon refund a client must not use any of the works done by Datacraft Systems in any manner.
Refund restrictions:
- Refund is not allowed once three rounds of revisions are requested.
- Refund must be requested within 14 days from date of order.
- Refund not applicable on domain registration fees.
- Refund must be requested in writing.
- Refund not applicable on updates and upgrades on existing website.
- Violations of the Terms of Service will waive the refund policy.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
If you choose to supply this information, you agree to supply Datacraft Systems with a current and truthful name, email address and telephone number for our records, and you have a continued obligation to keep this information current.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. We do not disclose any personal information obtained about you from this website to third parties.
While designing your project we may have access to some of your personal or sensitive information. This will only be used as necessary in the construction of your website or other service that you have sourced from Datacraft Systems.
Content
Datacraft System’s services may only be used according to the law. Any use of these services which violates any local, state, federal, or international laws which may apply to Datacraft Systems, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
While using the service, you may not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.
You may not post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. Datacraft Systems reserves the right to remove any and all materials which infringe on copyright work. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our service.
The 'Client' represents to 'Provider' and unconditionally guarantees that any elements of text, graphics, data, photos, designs, trademarks, or other artwork furnished to us for inclusion in their project are owned by the 'Client', or that the 'Client' has permission from the rightful owner to use each of these elements, and will hold harmless Datacraft Systems from any claim or suit arising from the use of such elements furnished by the 'Client'.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Indemnification
You agree to indemnify, defend, and hold harmless Datacraft Systems from any and all liability, penalties, losses, damages, costs, expenses, attorneys" fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Datacraft Systems, or any other party or parties without limitation or exception.
Refusal or discontinuance of service
Datacraft Systems reserves the right to refuse or discontinue service to anyone at Datacraft System’s sole discretion. We may deny you access to all or part of the service without notice if you engage in any conduct or activities that we, in its sole discretion, believes violates any of the terms and conditions in this agreement.
We reserve the right to refuse to work on a project which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright.
Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Some hosting platforms save data in an incompatible or proprietary format, which may make it impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer and upload of data.
The free transfer services are available for 14 days from your sign up date. Transfers or uploads outside of the 14 day free period will incur a charge.
Security
You agree that the security of your account is solely your own responsibility. You shall be held fully responsible for any misuse or compromise of your account for which Datacraft Systems is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that if any security violations are believed to have occurred in association with your account, Datacraft Systems has the right to suspend access to the account pending an investigation and resolution. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.
Backup of data
Your use of the service is at your sole risk. Datacraft Systems is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Datacraft Systems servers.
Unlimited features
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". However we do require all of our customers to utilize disk space and bandwidth related to normal operation of a personal or small business web site.
If a customer's hosting account is found to have used excessive resources and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
Commercial Advertising
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account suspended with or without notice.
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended.
Datacraft Systems reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Datacraft Systems reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Datacraft Systems.
Limitation of liability
Datacraft Systems shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Datacraft Systems servers going off-line or being unavailable for any reason whatsoever. Furthermore, Datacraft Systems shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Datacraft Systems servers.
In the event that 'Client' or other agent acting on the behalf of the 'Client' accesses files and disrupts the layout or functionality of a website, Datacraft Systems can work to get the web site back up and running at the regular maintenance rate.
Whilst every endeavor will be made to ensure that the website and any scripts or programs we design are free of errors, Datacraft Systems cannot accept responsibility for any losses incurred due to malfunction of a website/system or any part of it. The ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. The client should check projects carefully for accuracy in all respects, ranging from spelling to functionality. Datacraft Systems is not liable for errors or omissions after samples have been approved by the client.
Changes to this privacy policy
Datacraft Systems has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Prior agreements
This agreement supersedes any written, electronic, or oral communication you may have had with Datacraft Systems or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
Acknowledgement
By using this Site and Datacraft Systems services, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site or order our services. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.