The Customer agrees that
(a) this contract represents the entire agreement between the Customer and Corporate Web Design CC ( hereinafter called “ Cyber Designs “ ) and that no alterations or additions to this contract may be affected unless agreed to by both parties reduced to writing and signed by the th e Customer and a duly authorised representative of Cyber Designs :
( b ) that this agreement will govern all future contractual relationships between the parties :
( c ) is applicable to all existing debts between the parties and
( d ) this contract is final and binding and is not subject to any suspensive or dissolutive conditions.
In this agreement the singular implies the plural and visa-versa. The male implies the female and visa-versa.
The Customer hereby acknowledges that he has read and understood each term of this agreement and accepts them as binding.
The Customer warrants that the signatory to this document has been duly authorized to contract on the customers behalf.
The customer agrees that these terms and conditions constitute the entire agreement between Cyber Designs and the Customer.
The signatory hereby binds himselff in hispersonal capacity as co-debtor in solidum for the full amount due to Cyber Designs and agrees that these Terms and Conditions will apply mutatis mutandis to him/her and he renounces the benefit of excursion and division.
No changes to project scope will be accepted unless they are documented in writing and counter signed by both parties. The scope of project work is set out in a separate, proposal counter signed by both parties to which these terms and condition may or may not be attached.
It is the sole responsibility of the Customer to determine that the products and services ordered are suitable for the purpose intended.
No claims under this contract will arise unless the customer has within 5 days of the alleged breach or defect occurring given the organization 30 days notice via fax or e-mail to rectify any defect or breach contract.
Unless otherwise stated any web design work done will target the version of Internet Explorer and Mozilla Firefox browser which are in majority use as determined by Netcraft.
The Customer undertakes to provide all related marketing material, logos, content and access to relevant parties required for the performance of the agree work within a reasonable timeframe.Should there be delays in providing such materials or access to resources this may impact on the project timetable and therefore the project fee.
Unless otherwise specified in the project quotation , it is assumed that any text will be provided by the Customer in electronic format ( ASCII text files delivered on CD or via e-mail or ftp ) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in gif , jpeg, png of tiff format. Although every reasonable attempt shall be made by Cyber Designs to return to the Customer any images or printed material provided such return cannot be guaranteed.
For fixed fee projects Cyber Designs will allow up to two reviews,by the Customer, of the work done. The work will be place on a test server for review by the Customer. The Customer has 5 working days, after notification of availability of the site for review to identify any issues to be corrected. The Customer undertakes to provide Cyber Designs with a single list of changes or issues. Any changes requested after the second review will be considered out of scope and will be charged for by Cyber Designs. If no feedback is received from the Customer within 5 working days of notification being given of the availability of the work for review, the work will be deemed to have no review items and to have been completed to the Customer's satisfaction.
A link to Cyber Designs will appear in either small type or by a small graphic at the bottom of the customers website. If a graphic is used it will be designed to fit in with the overall site design. Cyber Designs also has the right to cite the Customer as one of Cyber Desings clients in any marketing material.
Fixed fee projects will be billed on a percentage completion basis, as determined by Cyber Designs, on a monthly basis. Time based projects will be billed monthly in arrears based on times provided by Cyber Designs.
All invoices are payable within 7 days of the invoice being raised by Cyber Designs.
Cyber Designs will charge for travel expenses to clients premises for meeting and reviews. Cyber Designs may charge clients for sundry expenses including but not limited to faxes, telephone calls and travel expenses should such costs become excessive.
The source code and other resources for work done by Cyber Designs will be provided to the Customer upon final payment of all outstanding amounts. Unless stated otherwise in the proposal Cyber Designs reserves the right to reuse the source code and other materials on other projects. Cyber Designs also reserves the right to exclude the provision of source code and material to the Customer should it be so stated in the proposal for scope of work.
Cyber Designs makes use of open source components and tools for carrying out the agreed work. These tools and resources are subject to their own licenses. It is the Customer's responsibility to ensure they are familiar with these licenses and their consequences.
Cyber Designs will refund all money paid by the Customer for site development and/or other work should the Customer not be happy with the work produced, provided such notification is given, in writing, within 5 working days after the work has been provided to the Customer for assessment. Work is provided to the Customer at agreed stages in the projects life-cycle. Cyber Designs will repay the money in 30 working days. Upon refund of the money to the Customer all intellectual property rights and copyright over the material on the site, other than that which the Customer has provided will remain the property of Cyber Designs. Should the Customer have in their position any material and/or property that belongs to Cyber Designs then no refunds will be made until such property and/or material is returned in the condition it was provided.
Cyber Designs will not be held liable for any loss and or theft of data or other security breach which might occur on Cyber Designs internal network, during deployment of the Customer's application, whilst accessing the Customer's resources on Customer's or third party machines and/or as a result of the work done for the Customer by Cyber Designs.
In the event of a dispute over agreed scope of work a time and material basis will be used to calculate the amount payable by the Customer at Cyber Designs standard rates.
You agree to fully indemnify Cyber Designs from any claims, liabilities and expenses arising out of this agreement.
The Customer agrees not to employ or make employment offers to staff of Cyber Designs for a period of 6 months after the end of the project. Should the Customer employ a staff member of Cyber Designs in violation of this clause an amount of 3 x the annual gross salary of the employee will become immediately payable.
We will require a 50 % deposit before any work is started.
Please deposit the amount into the following bank account:
Here Follows the Bank Details for Cyber Designs
InvestecInvestec 10011006269 ( Bus acc number )
Investec Branch : Grayston Drive
Investec Branch code : 580105