All work is carried out by Cybernautix on the understanding that the client has agreed to Cybernautix terms and conditions.
Definitions
The Client: The company or individual requesting the services of Cybernautix Ltd
Cybernautix: Primary designer/site owner & employees or affiliates.
General
Cybernautix will carry out work only where an agreement is provided either by email, telephone, mail or fax. Cybernautix will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Cybernautix and the client, this includes telephone and email agreements.
Website Hosting
We take our hosting very seriously and have an excellent uptime record. We guarantee 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance at least 24 hours in advance.
Cybernautix reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Any content deemed illegal by either US or UK law or the law of your country of residence is strictly forbidden and offending accounts will be immediately suspended or terminated at our discretion. We will fully co-operate with the authorities regarding any breach of the law.
Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination with no refund.
Disclaimer
Cybernautix Ltd will not be held liable for any losses or damages caused by or related to use or loss of our service including but not limited to downtime, loss of data or lack of backups. Our backups are intended as a convenience service and are not guaranteed or intended to replace your backup procedures. It is your sole responsibility to ensure you have a backup of all your important data.
Abuse
We have a zero-tolerance policy against abuse including spam and the sending of bulk, unsolicited e-mail is prohibited at all times.
Content Management Systems, Databases, Applications and E-Commerce Development
Cybernautix cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Cybernautix remain the copyright of Cybernautix and may only be commercially reproduced or resold with the permission of Cybernautix.
Where applications or sites are developed on servers not recommended by Cybernautix, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Cybernautix before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Cybernautix will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Cybernautix cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Cybernautix until all outstanding accounts are paid in full.
Any scripts, php scripts, or software (unless specifically agreed) written by Cybernautix remain the copyright of Cybernautix and may only be commercially reproduced or resold with the permission of Cybernautix.
Cybernautix cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of Cybernautix and where no charge is made by Cybernautix for such additions, Cybernautix accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Cybernautix all materials required to complete the site to the agreed standard and within the set deadline.
Cybernautix will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Cybernautix will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Cybernautix will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Cybernautix will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 50% is required with any standard project before any design work will be carried out. This figure may be higher and is non-refundable.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Website Compatibility
Cybernautix will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer 10 and 11, Apple Safari, Google Chrome and Mozilla Firefox browsers. Cybernautix can offer no guarantees of correct function with all browser software.
Alterations
The customer agrees that changes required over and above the quoted work or required to be carried out after acceptance of the draft design will be liable to a separate charge of £65 per hour.
The customer also agrees that Cybernautix holds no responsibility for any amendments to scripts or design made by any third party, before or after a website is published.
Payment
The customer will be provided with an invoice prior to finalisation of the website. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount.
Payments may be made by cash, cheque, Paypal, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
Websites will not be made live before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. Cybernautix reserves the right to consider an account to be in default in the event of a returned cheque.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Cybernautix shall be considered entitled to remove Cybernautix’ and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine optimisation, design and maintenance, and sub-contractors.
An unpaid hosting account will be suspended following 30 days from the fate of the invoice until the amount due has been fully paid. An administration fee of thirty pounds will be charged to cover costs.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Cybernautix reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Complaints Procedure
Anyone who experiences a problem with their web service provided by Cybernautix should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint.
Cybernautix will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.