TERMS
Terms of service.
The terms that govern engagements with Datastera s.r.o. They apply alongside the specific scope agreed for each project.
In plain terms: each engagement is defined by what we agree in writing for that project; these terms fill in the rest. We deliver the agreed services with reasonable skill and care, you provide the access and approvals we need, each side keeps the other’s information confidential, and Czech law governs. The full detail is below.
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Scope & definitions
These terms govern the relationship between Datastera s.r.o. (“Datastera”, “we”) and the client (“you”) for the services we provide. They apply together with the specific scope, deliverables and fees agreed for each engagement, whether in a proposal, order or statement of work. Where that agreed scope and these terms conflict, the agreed scope prevails for that engagement.
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Services
Datastera provides data and analytics, performance marketing, web and e-commerce, and AI and automation services, as described on this website and detailed in each engagement. The exact services, scope and any assumptions are set out in the proposal or statement of work agreed for the project. We perform the services with reasonable skill and care and may use qualified subcontractors, remaining responsible for the work they do on our behalf.
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Engagement & deliverables
An engagement begins when you accept a proposal or order, or when work starts at your request. We agree the deliverables, milestones and any timelines for each project; timelines depend on you providing the access, inputs and approvals we need on time. Unless agreed otherwise, deliverables are deemed accepted if you do not raise specific, reasonable objections within ten business days of delivery.
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Fees & payment
Fees are agreed for each engagement (as a fixed price, a recurring retainer, or on a time-and-materials basis) and are stated exclusive of VAT and of third-party costs such as media spend, which you fund directly or reimburse. Unless agreed otherwise, we invoice monthly or on agreed milestones, with payment due within fourteen days. Late payments may accrue statutory default interest and we may suspend services on overdue accounts after notice.
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Client responsibilities
You agree to provide, in good time, the access, accounts, data, content and approvals we need to perform the services, including access to advertising, analytics and related platforms, and to ensure you are entitled to grant that access. You are responsible for the accuracy of the information and materials you provide and for ensuring that your use of the services and any data you supply complies with applicable law, including data-protection and advertising rules.
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Intellectual property
On full payment, you own the final deliverables we create specifically for you under an engagement. We retain ownership of our pre-existing materials, tools, methods, templates and know-how, and grant you a non-exclusive licence to use them as part of the deliverables. Third-party and open-source materials remain subject to their own licences. We may describe the engagement and our role in our portfolio at a general, non-confidential level unless you ask us not to.
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Confidentiality
Each party will keep the other’s confidential information secret, use it only to perform or receive the services, and protect it with reasonable care. This does not apply to information that is or becomes public without breach, was already known, is independently developed, or must be disclosed by law. These obligations continue after the engagement ends.
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Data protection
Where we process personal data on your behalf in providing the services, we act as your processor and you act as the controller; such processing is governed by our privacy policy and, where required, a separate data-processing agreement that sets out the subject matter, purpose, instructions and safeguards. Each party will comply with applicable data-protection law, including the GDPR. Our handling of Google user data obtained via the Google Ads API follows the Google API Services User Data Policy, as described in our privacy policy.
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Warranties & liability
We warrant that we will perform the services with reasonable skill and care, but we do not guarantee any specific commercial outcome, ranking, or advertising result, as these depend on factors outside our control. To the extent permitted by law, neither party is liable for indirect or consequential loss, lost profits, or lost revenue, and our total liability arising from an engagement is limited to the fees you paid us for that engagement in the twelve months before the claim. Nothing in these terms limits liability that cannot be limited by law, such as for death or personal injury caused by negligence, or for fraud.
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Term & termination
An engagement runs until the agreed work is complete or, for ongoing services, until either party ends it on thirty days’ written notice. Either party may terminate sooner if the other materially breaches these terms and does not remedy the breach within fourteen days of notice, or becomes insolvent. On termination you pay for services performed and costs committed up to that date, and each party returns or deletes the other’s confidential information on request.
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Governing law
These terms and any engagement are governed by the laws of the Czech Republic, and the courts of the Czech Republic have jurisdiction over any dispute. We will always try to resolve any disagreement with you directly and in good faith first.
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Contact
For any question about these terms or an engagement, contact Datastera s.r.o., IČO 08670790, Hůrská 381, Kyje, 198 00 Praha 9, Czech Republic, at macas@datastera.com. We may update these terms from time to time; the version that applies to your engagement is the one in force when it was agreed.