Terms of Service

This Terms of Service agreement governs your use of the "Website as a Service" (WaaS) provided by D Star Dev ("Service Provider", "we", "us"). By subscribing to our services, you ("Client") agree to these terms.

1. Definitions

• Website: A collection of code, design solutions, and materials available online under a specific domain name provided as part of the service.
• WaaS ("Website as a Service"): The service of providing the Client with temporary use (a lease) of a ready-made Website, including its hosting, technical support, maintenance, and updates for a recurring subscription fee.
• Service Plan: An approved list of services and their costs provided to the Client on a monthly basis. Additional features ("Add-ons") can be connected for an extra fee.

2. Subject of the Agreement

The Service Provider agrees to provide the WaaS to the Client, namely a non-exclusive right to use (license) the Website according to the selected Service Plan and connected Add-ons, and the Client agrees to pay for these services in a timely manner.

IMPORTANT: This is not a work-for-hire agreement. The Client does not acquire ownership of the Website (including its code and design). The Service Provider retains all exclusive intellectual property rights.

3. Intellectual Property

All exclusive rights to the software code, design, database structure, and other components of the Website created by the Service Provider belong to the Service Provider. The Client receives a non-transferable, non-exclusive right to use the Website only for the duration of this agreement and under the condition of timely payment. The Client is prohibited from copying, decompiling, or otherwise modifying the Website's code.

4. Service Provision and Support

• We will provide the Client with access to the Website within a set number of business days after receiving all necessary materials (text, images, etc.).
• We will ensure the stable operation of the Website on our hosting, except for scheduled maintenance periods.
• We will perform technical support, including system updates, to ensure security and functionality, and consult the Client on website usage.

5. Client Obligations

• To make full and timely payments for the services in accordance with the agreement.
• To provide accurate information and content (text, images) necessary for populating the Website.
• To bear full responsibility for the content published on the Website and its compliance with the laws of the Republic of Kazakhstan.

6. Payments and Fees

The cost of services is determined by the selected Service Plan and connected Add-ons. Payment is made on a monthly basis, as a prepayment for the upcoming month of use.

Payment is made by transferring funds to the Service Provider's bank account.

7. Service Suspension

We reserve the right to suspend access to the Website if the monthly payment is overdue by more than 5 calendar days, until the debt is fully paid.

We reserve the right to refuse to post any information on the Website that contradicts the legislation of the Republic of Kazakhstan.

8. Website Buyout Option

The Client has the right to buy out the Website to gain full ownership by sending a written notice. The buyout cost is calculated based on a fair market formula: (Current Monthly Fee x 24).

After full payment, we will transfer all Website files, the database, and full intellectual property rights. Services for migrating the site to the Client's hosting are not included in the buyout price and are paid for separately.

9. Limitation of Liability

For failure to perform obligations under this agreement, the Parties are liable in accordance with the current legislation of the Republic of Kazakhstan. Our total liability under this Agreement is limited to the amount of one monthly payment from the Client.