Terms of Service
Please read our terms of service carefully.
Welcome to Datalinc. By accessing or using our website and services, you ("Client") agree to be bound by the following terms and conditions ("Terms of Service"). These terms apply to all visitors, users, and others who access or use the service. Please read these Terms of Service carefully before using our services.
1. Acceptance of Terms
By accessing or using the Datalinc service, you agree to be bound by these Terms of Service, as well as any additional terms and policies referenced herein. If you do not agree to these terms, you must not use our services. Your continued use of our services following the posting of changes to these terms will be deemed your acceptance of those changes.
2. Description of Service
Datalinc provides website creation services for businesses and personal profiles using Next.js, which is a javascript framework. The website will be hosted on servers under control of Datalinc Pty Ltd. Our services include content creation subject to certain limitations, such as content length, number of images/videos, and file size. The Client is required to provide all images, videos, and text content for use on the website, unless otherwise specified. Other services provided by Datalinc include:
- Website hosting
- Website maintenance
- Digital marketing services
- SEO services
- Social media management
- Copywriting and content creation
- Software development
Each service is subject to its own terms and conditions, which will be individually created for the Client specifically for the service to provide and requirements from the Client via a contract, which will be signed by the Client and Datalinc Pty Ltd before the service is provided.
2.1 Non-Refundable Deposit and Payment Schedule
To begin work on the Client's website, the Client must pay a non-refundable 50% deposit. The remaining 50% payment is due upon completion of the website. The website is considered complete when it is deployed for the Client's use ("Initial Deployment").
If the Client is dissatisfied with the final product, the Client has 7 days from the date of initial deployment to request a refund. Only the remaining 50% payment will be refunded. The initial 50% deposit is non-refundable under any circumstances.
2.2 Hosting Services and Subscription Payments
Clients will receive 3 months of free hosting, starting from the date of initial deployment. Hosting services will automatically transition into a subscription service at the end of the 3-month period.
Subscription payments are billed on either the 1st or 15th of the month, depending on which date is closest to the initial deployment date. Subscription fees will continue to be charged until the Client cancels the subscription by emailing accounts@datalinc.io. No other cancellation methods will be accepted at this time, as it is a manual process. If the payment fails, the client will be notified, and the subscription will be cancelled, along with the website hosting if not resolved within 14 days. If the payment is resolved, the subscription will be reinstated.
2.3 Content Ownership and Copyright Responsibility
The Client is responsible for supplying all images, videos, and text to be used on the website. Unless agreed upon to use royalty free stock images, videos, or text, the Client agrees that:
- Any supplied content must comply with applicable size limits and restrictions on the number of images or videos.
- The Client owns or has the legal right to use the supplied content.
- The Client assumes full responsibility for any copyright infringements or legal claims that may arise from the use of supplied content.
- Datalinc does not claim ownership over the Client's supplied content.
- All content supplied by the Client will be stored on the servers under control of Datalinc Pty Ltd.
- The code written by Datalinc Pty Ltd is owned by Datalinc Pty Ltd. But a copy may be transferred to the Client upon request, less any intellectual property rights or any code that may be required to be kept by Datalinc Pty Ltd for legal or privacy reasons.
3. User Accounts
To access certain features of the service, the Client may be required to create an account with Datalinc. The Client agrees to provide and maintain accurate, current, and complete information during the registration process and to update such information as necessary.
3.1 Account Termination
Datalinc reserves the right to terminate or suspend your account and access to the service at our sole discretion, without prior notice or liability, for any reason, including but not limited to a breach of these Terms of Service. Upon termination, your right to use the service will immediately cease.
4. Service Availability
Datalinc strives to maintain uninterrupted service. However, we do not guarantee that the service will be available at all times. Downtime may occur due to maintenance, updates, technical issues, or unforeseen circumstances. Datalinc takes no responsibility for any losses or damages resulting from such interruptions.
5. Limitation of Liability
To the fullest extent permitted by law, Datalinc and their affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of:
- The Client's use of or inability to use the service.
- Any errors, delays, or technical issues related to the service.
- Any content supplied by the Client that causes legal claims or damages.
In no event shall the total liability of Datalinc exceed the amount paid by the Client for the service in the 12 months preceding the claim.
6. Indemnification
The Client agrees to indemnify, defend, and hold harmless Datalinc and their affiliates, officers, directors, employees, agents, and licensors from any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from:
- The Client's breach of these Terms of Service.
- The Client's use of the service.
- Any content provided by the Client that infringes on third-party intellectual property rights.
7. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where Datalinc is headquartered (Australia), without regard to its conflict of law principles.
8. Changes to Terms
Datalinc reserves the right to modify or update these Terms of Service at any time. Updates will be effective 30 days upon posting on our website. The Client will receive an email notification of the changes. It is the Client's responsibility to review the Terms of Service. Continued use of the service after changes are posted constitutes acceptance of the updated terms.
9. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Email: accounts@datalinc.io