General Terms and Conditions
The "Application" shall mean any software or website affiliated to digitaljetty.com and provided by Digital Jetty to offer services related to digitaljetty.com, Services and its partners services, to be used on any devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
3. Data protection
4. Proprietary rights and licence
4.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Digital Jetty or by Digital Jetty's licensors.
4.2. Digital Jetty hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Application for your business and personal use in accordance with these terms.
5. Conditions of use
5.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
5.2. The Application is currently made available free of charge for their use.
5.3. You acknowledge that the terms of agreement with your respective network provider will continue to apply when using the Application. As a result, you may be charged by the network provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
5.5. If you are not the bill payer for the device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
5.6. We might bill you for additional functionalities or services that are not available free of charge.
6.1. Digital Jetty will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and so the quality and availability of the Application may be affected by factors outside Digital Jetty's reasonable control.
6.2. Digital Jetty and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
6.3. Digital Jetty will not be responsible for any support or maintenance for the Application.
6.4. The version of the Application software may be upgraded from time to time to add support for new functions and services.
7. Recording Communication
7.1. In order to constantly improve our services, Digital Jetty might record and monitor all communication with you, your employees and contractors. That includes calls, e-mails and other forms of communication.
8.1. All prices displayed on the website are in United States dollars.
9.1. Digital Jetty may terminate use of the Application at any time by without giving notice of termination to you.
9.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software
10. Limitation of liability
10.1. In no event will Digital Jetty be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
10.2. Digital Jetty is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
10.3. Nothing in these terms shall exclude or limit Digital Jetty's liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
11. Disclaimer of warranties
To the maximum extent permitted by law, and for the avoidance of doubt, Digital Jetty hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty or binding of any kind.
Last update: 23/08/2018
Client Terms and Conditions
Following terms and conditions shall be binding between Digital Jetty a company registered in Poland (VAT number PL7251906291) located at Łagiewnicka 54/56 p2.13, 91-463, Łódź, Poland (the "Company") and a client, person or a company looking to perform a specific work ("you").
"Professional" means the Company’s professional partner cooperating with the Company in order to deliver work agreed upon with you. It might also mean a person looking for a permanent or contract employment, that the Company has introduced you to.“Outstanding Money” means an amount of money paid to the Company, deducted with all the fees spent on Professional services. They can be spend on any service provided by the Company or the Company can return them to you, on your written request.
"Intellectual Property Rights" shall mean all intellectual property rights in any part of the world including:
- Patents, utility models, rights to inventions, registered and unregistered trademarks, rights in get-up, rights in domain names, registered designs, unregistered rights in designs, copyrights (including rights in software) and neighboring rights, database rights, rights in know-how and, in each case, rights of a similar or corresponding character.
- All applications and rights to apply for the protection of any of the rights referred above.
"Work Results" shall mean all inventions, products, ideas, formulae, processes, know-how, prototypes, discoveries, developments, improvements, innovations, records, reports, documents, papers, drawings, designs, compilations of data, transparencies, photos, graphics, names or logos, typographical arrangements, software, and all other materials in whatever form (including but not limited to hard copy and electronic form) devised, prepared, developed, created or made by Professionals during the course of the provision of services, whether or not patentable or capable of registration, and whether or not recorded in any medium.
“Billing Cycle” shall mean recurring, fixed period of time that Company is charging for its services.
“Verification Period” shall mean a fixed period of time after each Billing Cycle, when you can verify and dispute summary of work delivered and worked hours.
You wish to engage the Company's services for the purpose of providing you with Professionals carrying out certain assignments which engagement the Company has agreed to accept on the terms set out in this terms and conditions.
Company shall provide you with Professionals and oversee their work if you decide to use their services on a contract. Professionals shall be qualified to do the work you are looking to perform. The Company will do basic, reasonable verification of provided Professionals. What is more, it will store recommendations, opinions and comments about past Professionals work in order to evaluate their competencies and compare it with other candidates.
If you decide to hire a particular Professional on a contract or permanently, you shall pay a fee directly to the Company. The Company will provide you with bank account details to make a wire, ACH transfer or other methods of transferring money.
In case of contract work, Company operates in full two weeks Billing Cycles. Professionals work is paid up front up for each Billing Cycle. It ensures that Professionals will always be paid by the Company, but only after properly executing their tasks. After each Billing Cycle, you will receive a summary of the work done. You will then have 7 days of Verification Period to verify and dispute it. If you will claim that certain Professional didn’t do any work within a specific amount of time that was billed and provide sufficient proof, you won’t be charged for that time. You can then spend all Outstanding Money on future services or it can be returned to you. Professionals are not obligated to perform any work if up-front payment was not received.
If first Billing Cycle starts on a day other than Monday, then it should end on a Sunday in a way that it will include at least two full weeks.
Work is considered to be performed the moment after Verification Period ends and the Company settles payment with Professional. Once work is performed, the Company will provide you with an invoice.
The Company cooperates with other organizations to provide you with the best Professional services possible. The only obligation of the Company to you hereunder is to find the best Professionals possible, make sure that they fit your needs, facilitate and collect fees for their work and instruct them on how to organize their work and communicate with you.
Professionals shall carry out their contract services at an office, coworking space, home or at any other place.
You will be able to give feedback about Professional work at the end of every Billing Cycle. The Company will use this feedback in order to evaluate Professionals competencies and compare them with other candidates. You consent that Professionals might contribute to open source projects or proprietary libraries while providing the service if it will be required for them to achieve expected Work Results.
Services shall be carried out by Professionals in a timely and professional manner and in compliance with the highest standards of relevant established current practice.
In the case of contract work, Company provides Professional services on an hourly basis. You will simply pay Professional for each worked hour.
Example of hourly based services:
Professional’s hourly rate: $100/h
Agreed working time during Billing Cycle: 80h
Money paid upfront: $100/h x 80h = $8000
Actually worked full hours during Billing Cycle: 60h
Cost of delivered services: $100/h x 60h = $6000
Outstanding Money: $8000 - $6000 = $2000
You will be provided with an option to track Professional’s worked hours using time tracking software with monitoring. What is more, after each Professional’s workday you will be provided with work summary for that day. Professionals are entitled to 2.5 minutes paid break for each hour worked.
After each Billing Cycle, you will receive a summary of work done and actually worked full hours. You will be charged only for actually worked full hours.
You shall pay Professionals contract fees in accordance with an agreed hourly rate. You shall pay all fees directly to the Company using one of the provided methods.
The Company shall be entitled to deduct from the paid fees (and any other sums) due to you any sums that you may owe to the Company at any time.
You will pay or reimburse the Company for any mailing and travel costs, where requested.
When starting work with each Professional, first Billing Cycle is a trial period. During that time, you have a right to terminate cooperation with Professional at any given moment, irrespectively from other termination periods specified in this terms and conditions. If Professional’s work will not meet your expectations, then you will not be billed for this trial period and you also waive all rights to use any Work Results created during this period. If you wish to use Work Results, created during this period, then you will be billed only for Professional’s actually worked hours. All of your Outstanding Money can be spend on future services or return to you if requested.
On-going Professionals services and services that last or are planned to last more than 28 days, can be terminated by both parties, at the end of each Billing Cycle with a length of one Billing Cycle of written notice. You can terminate such services immediately, without a reason, but in that case, you will be liable for remaining billable time until the end of termination period specified above, paid up front before termination.
Professional services that are planned to last 28 days or less, can be terminated by both parties immediately at any point with written notice.
You can terminate each service immediately, at no cost, in case of a serious violation from a Professional, after specifying a reason in a written notice. Professionals can also terminate services immediately in case of a serious violation from you, after providing a reason in a written notice.
If upcoming Billable Cycle won’t be paid up front, Professional is not obligated to perform any work and has a right to terminate service immediately and start working for a different client.
WORKING WITH INTRODUCED PROFESSIONALS DIRECTLY
If you want to work directly with a Professional, that the Company has introduced you to, you need to pay a fee of 20% of their pay on a 2000 hours contract in order to do so. An additional written agreement needs to be made for this purpose.
If you will work with Professional directly on a contract without informing the Company about it and not paying an agreed fee, then you agree to pay the Company compensation of five times their hourly rate on 2000 hours contract.
This point will stay legally binding for two years after cooperation with the Company is terminated.
DELIVERING WORK RESULTS
Work results will be delivered as soon as work will be produced. In order to do so, Professionals will use cloud hosting services (e.g. BitBucket, GitHub, Dropbox etc.). Access rights will be granted to you at the beginning of each project. This will allow you to track work progress in the real time.
RETURNING OUTSTANDING MONEY
If the Company won’t be able to find you a suitable Professional or you won’t be happy with the work of a Professional, then if requested, the Company will return you all Outstanding Money.
All Work Results shall be the exclusive property of yours and the Company hereby assign with full title guarantee to you all rights, title and interest in existing and future Intellectual Property Rights in the Work Results.
PRESENTING PROJECTS IN PORTFOLIO
You agree that the Company might display project name, visuals, feedback, your name and logo in public and declare that it helped created it. You also agree that the Company might show you on a client list in any advertising the Company wants to use.
You agree that Professionals might use your company name, project name, feedback and any visuals on their portfolios, in relation to projects and scope that they have worked on.
You agree to indemnify and keep indemnified the Company on demand against all actions, claims, costs, liabilities and losses which may be made against it or which it may suffer or incur as a consequence of or which relate to or arise directly or indirectly from any breach by you of the terms and conditions. In particular, working with Professionals directly without written consent from the Company.
Any notice or other communication to be given under this terms and conditions shall be in writing and shall be deemed to have been duly served on, given to or made if it is delivered by hand or sent by recorded delivery, post, email or facsimile copy to the other party at the address stated in this terms and conditions or such other address as may be notified for this purpose from time to time.
You consent to the Company holding and otherwise processing data relating to you, your company, employees and contractors, including disclosing such data to third parties, both electronically and manually, for the purposes of:
(a) The Company's administration and management of its or their business.
(b) Compliance with any applicable procedures, laws, and regulations.
You also consent to the transfer, storage and other processing (both electronically and manually) by the Company of any such data outside the European Union and in any other country in which the Company operates.
You consent to display projects, tasks, work you are looking to perform and job offers publicly, on the Company’s portal in order to help you fulfill your needs and find right Professionals.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
A person, firm or company which is not a party to this terms and conditions shall have no right to enforce any of its terms.
This terms and conditions constitute the entire agreement and understanding between the parties.
If any provision of this terms and conditions shall be held to be illegal, void, invalid or unenforceable under the laws of Polish jurisdiction, the legality, validity, and enforceability of the remainder of this terms and conditions shall not be affected. If any of the restrictions contained in any of the clauses are void but would have been valid if some part of the clause were deleted, the restriction in question shall apply with such modifications as may be necessary to make it valid.
In the event that the Company incurs any losses, costs (including without limitation legal costs), charges and expenses arising out of actions, proceedings, claims and demands ("Liabilities") in respect of any claims brought by you or any substitute, you will indemnify and keep indemnified the Company, in respect of all such liabilities.
You certify that you are not a national of and does/will not reside in a prohibited region, defined below. You will not request or cause the Company to transfer any funds into a financial institution that is located within a prohibited region and you are not identified on any prohibited list. Prohibited regions means any country or region with respect to which the United States or European Union law prohibits transactions, including the payment of funds or the export, re-export, or transfer of items, services, or technology, including but not necessarily limited to the Crimea region of Ukraine, Cuba, Iran, North Korea, Sudan, and Syria. You shall notify the Company immediately if your status changes.
COMMENCEMENT AND TERM
This terms and conditions shall commence on creating your client account on the Company's portal and shall continue until your account is terminated by the Company or on your written request.
By using the Company's services you acknowledge and agree that you have completely read and understood terms and conditions.
The Company might update terms and condition at any time.
Last update: 03/10/2018