Cybnet Logics – Terms and Conditions for website design and other services
These Terms and Conditions will apply to and govern all Contracts under which Cybnet Logics agrees to supply website design, development, content management systems, website hosting, domain name services, email services or other associated services.
Acceptance of new commissions
The acceptance of a commission shall be deemed as a contractual agreement between the client and Cybnet Logics.
Provision of, and Rights to, Material
1. It is the client’s responsibility to ensure that any website content is lawful and appropriate.
2. Any material provided by the client in relation to the production of the website will remain the client’s property.
3. Design and programming of all databases, source codes, html, photographs and graphics created by Cybnet Logics are and remain the intellectual property of Cybnet Logics. Once full payment has been received from the client, the Client will have a non-exclusive, non-transferable right of website or product.
4. The client is ultimately responsible for checking the accuracy of site content.
1. Cybnet Logics provides website hosting and email services via a third party. Whilst it will endeavor to provide a professional and reliable service to the client at all times Cybnet Logics does not guarantee that the website or email will be available at all times and will not be liable for any losses incurred, costs, compensation or loss of earnings due to the website or email being unavailable.
2. Website hosting renewal is due on an annual basis. No refunds are made for termination of hosting during the year.
3. Cybnet Logics does not provide client access to the hosting service where the hosting service is provided by Cybnet Logics.
4. Content management systems designed by Cybnet Logics may not be transferred from the hosting service provided by Cybnet Logics.
5. Websites with webcams may not be transferred from the hosting service provided by Cybnet Logics.
1. Where Cybnet Logics registers a domain name on behalf of the client, Cybnet Logics does not guarantee
that any particular requested domain name will be available until confirmation has been received from the naming authority.
2. In purchasing or renewing domain names on behalf of the client, Cybnet Logics is acting solely as the client’s agent and accepts no responsibility for the continuance or otherwise of that registered domain name.
3. Cybnet Logics provides no warranty that the domain name requested by the client will not infringe the rights of any third party and the client will indemnify Cybnet Logics in respect of any such infringements.
4. The client shall be responsible for all renewal fees relating to any domain names purchased on their behalf by Cybnet Logics, whether charged direct by the naming authority or by Cybnet Logics.
5. By registering a domain name through Cybnet Logics the client enters into a contract of registration with the registration authority relevant to that domain name and their terms and conditions will apply.
6. It is the responsibility of the client to ensure that registrant details are kept updated. In the event of a dispute the relevant naming authority for the type of domain held should be contacted and provided with full details of the complaint.
Cancellation of Commissions
1. If at any point during the website development process a client wishes to cancel, they may do so in writing only. In such event no deposit will be refunded, and Cybnet Logics will issue an invoice proportional to the amount of work completed on the commissioned site.
2. If the client fails to provide requested content in good time at any point in the website development process, Cybnet Logics may at its own discretion consider that the client wishes to cancel the commission as above.
Costs and Payment
1. All invoices will be generated and send to client for approval.
2. All payments will be due by the date mentioned on invoice.
3. Late payment of invoices may result in suspension of the client’s services until all outstanding invoices are cleared.
4. Cybnet Logics reserves the right to change its standard charges at any time, without advance notification. Should its prices change, Cybnet Logics will honour existing quotations and commissions, but further commissions will be accepted at the new prices.
5. A down payment is required in order to begin development of your website. This is usually 30% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. The 30% balance on your website is due after the design, navigation and pages have been approved and built. Final 40% payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Cybnet Logics gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, Cybnet Logics will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, Cybnet Logics will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly or fixed rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly or fixed rate.
There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System, or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.
No Unlawful or Prohibited Use
1. Any website or content management system or email service supplied by Cybnet Logics to the client may not be used in any manner or for any purpose that is unlawful or prohibited by these terms and conditions.
2. The client may not use any such website, content management system or email service in a manner which could damage, disable, overburden, or impair the same or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the same.