These terms and conditions are set out between “you” (the client) and “us” (CyberPear Websites) in relation to any product or service we provide.
These terms and conditions are subject to change.
1. Changes to requirements
You may request reasonable changes prior to the delivery of requested work. Where possible we will try to accommodate the requested change at no additional expense. However, in the event that we believe, in our sole discretion, the proposed change will result in additional expense then a revised estimate will be provided and you can either withdraw the proposed change or agree to pay the additional expense.
2. Design Services
2.1 Provision of materials
You will need to provide us with the necessary assets and information in the format we request from you in order to complete the project. If you are unable provide suitable materials in a timely manner, we may at our sole discretion, provide what we believe to be a suitable alternative to avoid delay.
2.2 Legal right for inclusion
Both parties must ensure that they have the legal right to use any elements of text, graphics, photos, designs, trademarks, or other artwork that they provide for inclusion in the design work. Neither part will will not hold the other responsible for any third-party claims arising from materials that they themselves provided.
2.3 What we will own
While we will create and customize designs based on your specific requirements. Most design work will have a common structure and basis, therefore we will continue to own any and all template designs that we may create as a result of work we do for you.
2.4 What you will own
On receipt of payment you will own the resulting design, graphics and visual elements that we create solely for this project. This does not include elements which are owned by someone else and included in the design.
You retain any ownership over the text content, photographs and other materials that you have provided.
2.5 Design Preview
To offer a competitive prices, we do not provide design concepts or mockups up front. We create designs based on what we think is best based on your website and budget. If possible we will accommodate feedback as part of “Changes to Requirements” and our ongoing collaboration with you.
2.6 Technical Restrictions
We may not be able to deliver exactly what is requested or suggested due to technical restrictions. We will endeavour to deliver your requests, however we may advise against certain actions based on our professional experience. If you require the implementation of specific features that have technical restrictions these may take longer to complete and incur additional charges.
2.7 Website Browser compatibility
Any web design work that we complete may not look the same in browsers of different capabilities or on devices with different size screens. We try to ensure that a user’s experience when using the website is appropriate to the capabilities of a browser or device.
Where appropriate we test our work in the following browsers:
- Google Chrome on Windows and Ubuntu (various screen sizes)
- Google Chrome on Android
- Microsoft Edge on Windows
- Pre-set emulated mobile devices on Google Chrome
We won’t test or support older browsers unless we have agreed separately. If you need an enhanced design for unsupported browsers, then we can look at providing a separate estimate for that.
The browsers supported may change as the browser landscape evolves or our equipment changes
2.8 Website Accreditation
So that we can charge competitive prices, we will normally include a small accreditation note in the design of any website we create. This will normally include our name and a link to our website. This cannot be removed from the design we have created without prior agreement.
If you subsequently modify the website to a level that we think is no longer representative of our work we reserve the right to have the accreditation removed. You must notify us of any substantial changes you are making to the design of the website we created for you. You must remove the accreditation if we request that you do so.
2.9 Design Portfolio
We reserve the right to reference any materials we produce for you as part of our work portfolio, unless otherwise agreed. This may affect pricing or estimates provided, particularly any discounts.
3. Technical Services
3.1 Management of content
Unless agreed separately, we are not responsible for management of content once the project has been delivered.
3.2 Technical support
Unless otherwise agreed, we do not guarantee technical support for a website after it has been delivered.
3.3 Website Hosting Management
3.3.1 Where hosting is provided by You
You must ensure that you provide all access that we need to the suitable hosting servers and services so that we can setup and install your website. Once the website has been installed, the updates to, and management of the server and website will continue to be your responsibility.
If you are unable to provide access in a timely fashion, we will provide the required assets to you via an alternative medium without installation. Subsequently we will not be liable for any issues as a result of incorrect installation, nor will we be required to support the installation.
We do not guarantee that we will keep copies of any assets used, and once installed on your server you responsible for them.
3.3.2 Website hosting managed by us
We use a 3rd party hosting company and are therefore bound by conditions set out by them, including pricing changes. As such we cannot be held liable for changes made by that company that are out of our control.
If you’re website exceeds what we consider reasonable usage in relation to your current hosting option, you may be required to upgrade your package which may incur additional costs. This includes, but is not limited to, heavy traffic as a result of visitors to your website as well as exceptionally high usage of storage space through uploading high resolution image, video or audio file.
Domains names & DNS
Where we manage the hosting, we reserve the right to move your website to different web servers or platforms. Where we also manage the DNS settings, in most cases this will have no impact on your website, however there can sometimes be a small amount of website downtime.
Where we do not manage the DNS settings, we will require you to update the relevant configuration to do this. You will need to implement such changes yourself based on our instruction, in which case we will notify you if this needs to be done and when by. This will typically involve updating the IP address associated with the domain.
We do not provide website backups beyond that provided by the 3rd Party Hosting provider unless otherwise agreed.
4. Limitation of Liability
We will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. We cannot guarantee that our work will be error-free and therefore we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
You agree to pay us promptly. Payment is due when the work is completed, but prior to completing the delivery of materials. Materials will be provided or installed as agreed after payment is completed.
At our discretion we may install or deliver the materials in good faith before payment but retain the right to withdraw them. For instance, where we are providing a website, we have the right to disable said website until payment is completed.
Some services are time limited and will be subject to renewal, the associated payments subject to the conditions set out in the “Late Payment” section.
5.2 Late payment
5.2.1 Withdrawal of services
If you are unable to pay promptly, we reserve the right to stop any associated services until payment has been completed, this includes disabling your website. Late renewals will be back dated to the payment due date.
5.2.2 Late Payment Fees
Late payment fees are applicable after 14 days of late payment, and are at a 2% cumulative charge per day.
Some services are provided for a limited time period and therefore subject to renewal. Although we try to keep our prices competitive, they are subject to change, particularly as the result of external factors.
Similarly, estimates are based on the latest rates which can vary. Therefore costs may vary between estimates for similar work.
7.1 Termination by You
In the event that you change your mind about what you want or aren’t happy with the direction our work is taking,
When you terminate the agreement, you are to pay us for everything delivered so far, plus the time spent on work in progress so far. You may also be liable for any upfront payments.
Discretionary discounts are applied to the whole agreement, as such early termination will void any discretionary discounts applied and therefore you will be subject to pay the full, non-discounted amount.
Any deposits you have paid will not be refundable if you terminate. However, if the amount owed for time spent working on the project exceeds any deposit paid you will only need to pay the difference.
7.1.3 Cancellation of Services
Services that are paid up front are not refundable if you terminate early, typically renewable services.
If you decide to cancel individual services before they have begun, you can do so before they have been payed, however this may void any discounts applied to your quote or estimate. If the services period has begun are not refundable.
7.1.4 Forced termination
In the event that we cannot continue due to actions on your behalf, such as refusal to cooperate or failure to pay, then we will consider you to have terminated the agreement. As such will be liable to pay.
7.2 Termination by us
If we terminate the agreement, we will provide any completed deliverables, and receive payment for the work completed to date.
7.2.1 Asset Transfer
If you want us to transfer any assets on termination, such as the domain name, there may be additional charge to cover the costs of doing so. In some circumstances transferring assets may not be possible.
8. Legal Terms
If any provision of these terms or any other agreements made are found to be invalid, illegal, or unenforceable, then that provision shall be deemed severable from these terms and the agreement and shall not affect the validity and enforceability of any remaining provisions.
8.2 Non-transferability of Services
Any services provided in conjunction with the work that we have done for you, and are not transferable to other works. We only support work that we have completed and our services are therefore not transferable to work created by others.
8.3 Disclaimer of Warranties
We do not represent or warrant that any services or products delivered will create any additional profits, sales, exposure, brand recognition, or the like. We are not responsibility if the website does not lead to the your desired result(s).
8.4 Force majeure
Force Majeure Event shall mean any event arising which is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, civil riot or war).
A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this agreement shall forthwith notify the other and shall inform the other of the period for which it is estimated that such failure or delay will continue. The affected party shall take all reasonable steps to mitigate the effect of the Force Majeure Event.