Terms of Service
This Agreement is made between you and/or your organization (“Client”), and Diffyweb, LLC (“Agency”). The parties hereby agree as follows:
- Work. Agency agrees to provide to Client deliverables in any standard file format appropriate to the specific project (the “Work”).
- Representations. Agency represents that, except for materials given to Agency by Client, Agency is the sole author of the Work and all of Agency’s services are original and not copied in whole or in part from any other work; that the Work does not violate the patent, copyright, trade secret or other property rights of any person, firm or entity. Agency also represents and warrants that in signing this Agreement and in providing Services to Client on crowdspring.com, Agency is not and will not be in violation of any other contract, agreement or understanding to which Agency is a Agency.
- Invoicing & Payments. Client will pay in U.S. Dollars for all rights in the Work (“Fee”). If there are multiple projects, Client will pay a Fee for each project in accordance with a Client-approved estimate generated by Agency’s billing management system found at http://diffyweb.freshbooks.com.
- Billing Practices. Unless otherwise noted in writing, we will always bill on a time and materials basis. This means that we will bill based on the hours worked on a project. Additionally, any legitimate, related expenses will be invoiced for reimbursement. Exceptions to this standard practice will always be indicated in writing by us (either via email, fax or physical document).
- Project Management. Agency will manage, track time, and otherwise, maintain records of project activities via an online project management system found at https://diffyweb.atlassian.net/servicedesk/customer/portal/4.
- Ownership of Materials. Agency and Client shall share in perpetuity the creative rights to all original materials, data, and similar items, produced by Agency hereunder in connection with the Services under this agreement. All services and software used by Agency shall at all times be the sole property of Agency and under no circumstances shall Client have any interest in or rights to the title to such materials, or software. Client acknowledges that the Agency may use and modify existing materials for Client’s benefit and that the Client holds no rights to such materials.
- Limitation of Liability. Agency shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that in the event Agency is determined to be liable for any such loss, Client’s sole remedy against Agency is limited to a refund of payments made by Client for said Services, minus expenses paid to subcontractors or to third parties. Traffic Craft is not responsible for errors that result from faulty or incomplete information supplied to Agency by Client. Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. Agency shall not be liable to Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services, or termination by social media sites including without limitation Facebook; and viruses.
- No Guarantee. Agency does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of Agency may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
- Changes/Moral Rights. Agency agrees that Client may make any changes or additions to the Work prepared by Agency, which Client in its sole discretion may consider necessary, and may engage others to do any or all of the foregoing, with or without attribution to Agency. Agency further agrees to waive any so-called moral rights in the Work.
- Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with regard to the matters set forth herein, and it supersedes all other agreements, proposals, and representations, oral or written, express or implied, with regard thereto.
- Payment As Agreement. Client and Agency hereby agree that through client approval of generated Estimate, and initial payment in accordance with the terms of the Estimate acts as both parties agreement to the terms outlined herein.
Non-Disclosure & Confidentiality
WHEREAS, Agency will be provided certain written, electronic, printed and/or oral information regarding the other, including but not limited to: information relating to business records and plans, financials, marketing, research, trade secrets and technical information, inventions, designs, product requirements, pricing structure, costs, profitability analysis and other information, which information is proprietary and confidential to the Client and not generally ascertainable to the public (“Confidential Information”), for the purpose of work by Agency; and
WHEREAS, both parties acknowledge that the information has been or will be developed by Client at significant effort and expense and is sufficiently secret to derive economic value from not being generally known to other persons. Agency also acknowledges that each component of the information constitutes a valuable and protectable trade secret of Client;
NOW, THEREFORE, Agency will occupy a position of trust and confidence with the Client, and in consideration of the recitals and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, Client and Agency agree as follows:
- Confidential Information. Agency agrees that it shall not (except as required to carry out its duties and responsibilities) at any time, directly or indirectly, disclose to any person or entity, use for its own benefit or for the benefit of any third Agency, any Confidential Information or material provided to it by the Client or third-parties engaged by Client, whether written or oral. The term “Confidential Information” shall not include information which, by clear and convincing written evidence: (i) was part of the public record at the time of execution of this Agreement; (ii) hereafter becomes part of the public record by publication or otherwise through no action of Agency; (iii) was already known to Agency, as evidenced by written records; (iv) was received by Agency through a source which is not under an obligation of confidentiality to Client; or (v) was independently developed without the use of Client’s Confidential Information.
- Additional Covenants. Agency agrees that, following the receipt of Confidential Information , it shall: (i) undertake all reasonable and appropriate steps to ensure that the secrecy and confidentiality of Confidential Information is maintained; and (ii) if requested pursuant to, or required by, applicable law or regulation or by legal process to disclose any Confidential Information, provide Client with prompt notice of such request(s) to enable Client to seek an appropriate protective order.
- Use in Portfolio Allowed. Client agrees that Agency will retain the right to use the work(s) submitted to this project in Agency’s portfolio.
- No Liability. Agency agrees that no covenants, warranties or representations are made by Client or any of Client’s representatives with respect to the accuracy or completeness of any Confidential Information, and none of them shall have any liability to Agency arising out of the use of Confidential Information.
- Remedy. Agency hereby acknowledges that a violation of the provisions of this Agreement may cause irreparable damage to Client, the amount of which may be impossible to quantify, and it is therefore agreed and understood that in the event of such a violation of this Agreement, Client shall be entitled to injunctive relief against such violation, in addition to such other remedies Client may have.
- Waiver. The waiver by Client of any breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach, whether of the same or of a different character.
- Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the internal laws of US, without regard to choice or conflict of law rules.
- Severability. In the event that any provision of this Agreement is determined to be invalid or unenforceable for any reason, such provision shall be deemed modified to the extent required to render it valid, enforceable and binding, and such determination shall not affect the validity or enforceability of any other provision of this Agreement.
- Successors. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors and assigns.
Entire Agreement. This agreement, solely with respect to the confidentiality of information, sets forth the entire agreement and understanding of the parties and merges all prior discussions between them as to Confidential Information. The Recitals set forth above are hereby incorporated into and made a part of this Agreement by this reference.
Privacy Policy
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you subscribe to a newsletter, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To improve our website in order to better serve you.
- To quickly process your transactions.
- To send periodic emails regarding your order or other products and services.
How do we protect visitor information?
We use vulnerability scanning and/or scanning to PCI standards and we use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly.
Third-Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third-Party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
Google, as a third party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
We have implemented the following:
- Remarketing with Google AdSense
- Google Display Network Impression Reporting
- Demographics and Interests Reporting
- DoubleClick Platform Integration
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA we agree to the following:
- Users can visit our site anonymously
- Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.
- Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.
- Users will be notified of any privacy policy changes:
- On our Privacy Policy Page
- Users are able to change their personal information:
- By emailing us
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It’s also important to note that we allow third party behavioral tracking.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via in site notification within 7 business days.
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN-SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions.
- Process orders and to send information and updates pertaining to orders.
- We may also send you additional information related to your product and/or service.
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
diffyweb.com
admin+compliance@diffyweb.com
(800) 545-2397
2110 W. Slaughter Lane
Suite 107-104
Austin, Texas 78748
United States
Headings. The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.