Terms & Conditions

The following terms and conditions document is a legal agreement between Willie Theron trading as CyberDevs hereafter refered to as “CyberDevs” and “the Client” for the purposes of web site design or development.

These Terms and Conditions set forth the provisions under which the Client may use the services supplied. CyberDevs is an Internet web design provider offering the Client graphical design, hosting, domain name, HTML, PHP, CSS, Javascript, Jquery and other related computer programming languages.

Acceptance of work

Quotations are valid for 7 days from date of issue.

When the Client places an order to purchase a web site, template or web site updates from CyberDevs, the order represents an offer to CyberDevs to purchase the web site, template or web site updates which is accepted by CyberDevs only when an invoice is sent to the Client.

No contract for the supply of services exists between the Client and CyberDevs until CyberDevs sends an invoice to the Client for payment.

The invoice equals acceptance by CyberDevs (or third party supplier) of the Clients offer to purchase services from CyberDevs and this acceptance of work is a valid contract between the Client and CyberDevs regardless of whether the Client receives the invoice. Any other services on the order which have not been included in the invoice do not form part of the contract.

The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records. CyberDevs reserves the right to withdraw from contract at any time prior to acceptance.

Permission and copyright

Copyright of the completed web designs, images, pages, code and source files created by CyberDevs for the project shall be with the Client upon final payment only by prior written agreement.Without agreement, ownership of designs and all code is with the CyberDevs.

These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and CyberDevs. The Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and CyberDevs.

The Client hereby agrees that all media and content made available to CyberDevs for use in the project are either owned by the Client or used with full permission of the original authors.

The Client agrees to hold harmless, protect and defend CyberDevs from any claim or suit that may arise as a result of using the supplied media and content.

The Client agrees that they have legal rights to use any content they send us on their website. Cyberdevs will not be held responsible for any lawsuits, fines or penalties resulting from information supplied by the client.

The Client agrees that CyberDevs may include development credits and links within any code CyberDevs designs, builds or amends.

The Client agrees that CyberDevs reserves the right to include any work done for the Client in a portfolio of work.

Material

CyberDevs reserves the right in its sole discretion to refuse to sell design or code to a the Client who has a site which it deems is, including but not limited to, unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, infringes privacy or copyright or any other questionable media at CyberDevs’ own discretion.

CyberDevs reserves the right to refuse sale for orders from suspect payment or address details or other reason at CyberDevs’ own discretion.

CyberDevs reserves the right without notice to cancel, reject, refuse sale to or work with a the Client without reason for such rejection or refusal.

Domain names and hosting

The Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the CyberDevs from any claim resulting from the Client’s publication of material and use of the domain name.

The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the CyberDevs requires to upload the web site if required as part of a project.

CyberDevs reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.

In the event where a website is being managed by the client, CyberDevs reserves the right to bill a client for any repairs done to the website.

CyberDevs will NOT contact the Client directly to find out why their hosting or domain name accounts have not been paid. CyberDevs will send automated email reminders in advance and it is the client’s responsibility to ensure that we have an email address that they use often enough to get the reminder.

CyberDevs offer a grace period until the 7nth of every month to pay any hosting. Failure to pay the domain renewal or hosting by this date will result in the website and emails being suspended or going offline. Should any loss of business occur due to this CyberDevs will take no responsibility for any loss of business.

CyberDevs offers an unlimited hosting package. The term unlimited in this case means to provide the client with as much disk space and bandwidth as their website requires. Because of this the term “Unlimited” will not always reflect in cpanel.

Projects

All alterations for web sites projects are to be requested in writing either by order, email or fax by the Client. After the specified allowed hours of alterations have been completed, Cyberdevs reserves the right to advise the Client as such and send a separate quotation to the Client and to request payment for any further alterations.

CyberDevs reserves the right to request payment be received for further alterations before continuing work. Upon completion of an agreed design the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.

The Client agrees to provide any needed information and content required by CyberDevs in good time to enable CyberDevs to complete a design or web site work as part of an agreed project.

The Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software.

CyberDevs agrees to try and match the design as closely as is possible when building the code.

CyberDevs endeavours to create pages that are search engine friendly, however, CyberDevs gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall CyberDevs be held liable for any changes in search engine rankings as a result of using CyberDevs code.

If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then the Client agrees that CyberDevs can apply a nearest available alternative solution.

After site completion, the Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then CyberDevs reserves the right to quote for work to repair the web site. CyberDevs reserves the right to assign subcontractors in whole or as part of a project if needed.

CyberDevs agrees that it is their responsibility to have regular backups of the Client’s website in case of a software or hardware failure.

All communications between CyberDevs and the Client shall be by telephone, email, Skype, Blackberry Messenger or text message (sms), except where agreed at CyberDevs’ discretion.

Web browsers

CyberDevs shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases.

The Client agrees that CyberDevs cannot guarantee correct functionality with all browser software across different operating systems.

The Clients agree that after completion of the website design any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, CyberDevs reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.

Payment Terms

All prices quoted are inclusive of VAT (CyberDevs is not VAT registered ).

All invoices must be paid in full within 7 days of the invoice date and CyberDevs will carry out work only where an invoice has been paid by the Client for the work, unless otherwise agreed at CyberDevs discretion. Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and CyberDevs reserves the right whether to quote or accept additional work. If additional work is accepted by CyberDevs may effect timescale and overall delivery time of the project.

A deposit equal 50% of the quotation for design work, as well as the hosting fee for the first month is payable before any work commences and the final payment to be received when all pages are published and the client signs off the design.

Once an invoice is sent to the Client it must either be paid either by Cash deposit or Electronic Funds Transfer.

CyberDevs reserves the right to decline further work on a project if there are invoices outstanding with the Client.

The Client may request that the CyberDevs cancel a project in writing by email or fax to CyberDevs and the project is cancelled only if CyberDevs confirms work has not been started on the project. If CyberDevs has begun or completed the work and the Client no longer requires the website to be completed or cancels for whatever reason, but have agreed to the work, the initial desposit of 50% of the design cost will be forfeited.

All invoices are submitted by email except where required otherwise by regulations or agreed at CyberDevs’ discretion.

CyberDevs reserves the right to remove it’s work for the Client from the Internet if payments are not received.

CyberDevs rederves the right to suspend the Client’s website if payment for hosting services is notreceived by the 10th of any invoiced month.

Liability and warranty disclaimer

The Client agrees CyberDevs is not liable for any failure to carry out services for reasons beyond it’s control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

CyberDevs is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, CyberDevs reserves the right to cancel forthwith any projects and invoice the Client for any work completed.

CyberDevs shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if CyberDevs has been advised of the possibility of such damages.

There are sometimes laws and taxes which affect Internet eCommerce . The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend CyberDevs and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet eCommerce .

Indemnification

The Client agrees to use all CyberDevs services and facilities at their own risk and agree to defend, indemnify, save and hold CyberDevs harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against CyberDevs or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.

The Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

The Client also agrees to defend, indemnify and hold harmless CyberDevs against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

Nondisclosure

CyberDevs and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about CyberDevs to another party.

Interpretation

CyberDevs reserves the right to terminate a project with a the Client at any time without prior notification if it finds the Client in breach of these terms and conditions.

CyberDevs shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by South African Law which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement.

This agreement is void where prohibited by law. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Any and all matters pursuant to this agreement are governed by South African Law and are under exclusive jurisdiction of the South African Courts.

CyberDevs reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the CyberDevs web site at http://www.cyberdevs.co.za/terms-conditions with a date of last update.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.