TERMS AND CONDITIONS
At Cyber World IT we offer our clients Web Design and Development, Web Hosting, Domain and Search Engine Optimization Services complying with international standards.
The following Terms and Conditions document is a legal agreement between US “Cyber World IT” and YOU “Client”. These “Terms and Conditions” set forth the regulations under which the Customer may use our services. If you come to a contract with us you’ll have to abide by the terms and conditions quoted here. Our Agreement starts on the date that you sign the first contract. You may not withdraw that contact without our consent acceptance.
We purchased hosting(shared, reseller and dedicated) for clients and we provides invoice to clients. If any customer do fraudulent activities we Cyber World IT not liable for client unauthorized job. We strictly follow this
Statement of Work – Offer and Acceptance
Our web design and development style is unique and depends on your requirement. When you place an order to design and develop a website for your business, the order represents an offer to our company for purchasing the service.
No agreement for services comes into existence until the CYBER WORLD IT sends you an invoice for payment and the acceptance contract is signed. This invoice states acceptance by our company of your offer to purchase the service and this acceptance of work is a valid contract between you and CYBER WORLD IT. The Company has the right to withdraw from contract at any time prior to acceptance.
If a functional specification or a set of testing criteria is included within the contract, we are responsible for fulfilling the specification or criteria. Any requests relating to hardware or software outside the development contract will be deemed additional work.
You agree to provide any needed information and content required to enable us to complete and deliver the service according to the agreement. The time given to you for development of your website is dependent upon you giving us relevant information and art work and signing of any proofs, otherwise our progress will be delayed.
If you provide all the necessary contents for the website on time, we will endeavor to get your site live as soon as possible. If you do not provide us with the art work or relevant information to complete the site within the six months of the initial order, the contract will be deemed completed. In such an event, all outstanding payments shall be paid immediately.
CYBER WORLD IT shall make every effort to ensure the website to be attractive and efficient. We guarantee to provide maximum possible functionality with the allocated hours and funds. However, this excludes any third party software which is provided with no guarantee.
You are responsible for all the information provided by you. If you need to incorporate any material content to your website from any other company you must get their permission first.
CYBER WORLD IT will not be held responsible for information acquired from you. You are held responsible to any claim or suit that may arise as a result of using the supplied media and content.
Copyright of the completed web designs, images, pages, code and source files created by the company belong to CYBER WORLD IT unless otherwise has been agreed before the contract has started.
These terms of the agreement grant a non-exclusive limited license to the extent that use of this website is restricted to a single company of yours. You are not permitted to use a design for more than one website without prior written agreement between you and CYBER WORLD IT.
You agree that resale or distribution of the completed files is forbidden unless prior written agreement is made between Customer and the Company. You agree to abide by the terms of any third party software or media included within any work done for you.
After completion of the site, you or a third party of your choice may wish to edit your website code yourselves to make updates. However, in that case you assume full responsibility for any issues which occur as a result of changing the code yourselves.
You must take all legal responsibility for using third party domain name and hosting services and supply truthful details to the third party service provider.
The Company reserves the right to refuse to handle:
Any media that is unlawful or inappropriate, constitutes harassment, racism, violence, obscenity, harmful intent or spamming, a criminal offence, or infringes privacy or copyright; that contains a virus or hostile program.
During a website project it is important that you communicate information to CYBER WORLD IT to achieve the required result. If you fail to provide information and images related to the website in due time, it will lengthen the project and delay the delivery. We will not take responsibility for loss of earnings or any other losses on account of the delay. If you take more than 6 months to provide information or artwork directly related to the design and development of the project then the company deems the project as complete and has right to demand full payment.
Payment is to be made in two installments unless otherwise stated at the time of contract. Generally, we take 40% fee becomes due after the agreement is signed, the rest 60% fee will become due after the completion of the project.
CYBER WORLD IT will price individual projects based on hours and will apply an allocation of the approximate hours needed for the project. In case a project is to overrun on hours, you agree to pay the charges at our standard hourly rate. The standard rate may differ based on your project, but CYBER WORLD IT does reserve the right to discount this hourly rate without effecting the terms and conditions.
If the customer requests to re-design pages that have already been completed, or add new pages or different functionality that were not specified in the original agreement, the company reserves the right to charge fee separately for these alterations.
All quoted prices are exempt of VAT unless specified.
All invoices must be paid in full within 14 days of the invoice date, except where agreed at the Company’s own discretion.
The Company reserves the right to decline further work on a project if there are invoices outstanding with the Customer.
The Company reserves the right to remove its work for you from the Internet if payments are not received.
If you or a third party of your choice edits the website code and this results in functionality errors or the page displaying incorrectly, then the Company reserves the right to quote for work to repair the website.
You understand that any web hosting may require a separate contract with a web hosting service provider. We provide hosting from Hostgator and Bluehost. So to get hosting service you must come to terms with CYBER WORLD IT.
CYBER WORLD IT reserves the right to refuse service and access to its servers to anyone.
CYBER WORLD IT does not allow excessive download content or non-linked content. We operate a fair usage policy.
CYBER WORLD IT reserves the right to move your data to a different server with no previous notice.
Support is available from our office on +88 01815-695123, we reserve the right to suspend service from time to time for ongoing maintenance.
High bandwidth usage
CYBER WORLD IT offers a high bandwidth usage policy by maintaining very large ratios of bandwidth per customer. In rare cases, CYBER WORLD IT may find a customer to be using server resources to such an extent that he/she may jeopardize server performance and resources for other customers. In such instances, CYBER WORLD IT reserves the right to impose the High Resource User Policy for the consideration of all customers.
High Data Base Usage
If you exceed the limits on our database products [MySQL] then we will automatically charge you for the additional space you use at our current prices.
High Resources Policy
Resources are defined as bandwidth, processor utilization or disc space.
CYBER WORLD IT may implement the following policy:
When a website is found to be monopolizing the resources available, CYBER WORLD IT reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby CYBER WORLD IT continues hosting the website for an additional fee.
Uploads via Scripting Languages
We limit uploads made via scripting languages- including capital PHP; uploads using PHP are limited to 8MB per file.
All accounts are set up on a pre-pay basis. Although CYBER WORLD IT reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of pre-payment. Payment is due every month or after 365 days, following the date the account was established. Customers will automatically be charged again at the end of their pre-pay period unless closure notification has already been given.
In situations where customer has not paid, CYBER WORLD IT will immediately suspend all services on-line until outstanding charge is processed successfully and you shall still be liable to pay for the ongoing hosting fees. In addition CYBER WORLD IT reserves the right to suspend the other services until the outstanding debt is cleared.
In the event of a dispute you shall not withhold payment. We will investigate any dispute and issue refunds where relevant. CYBER WORLD IT reserves the right to terminate/suspend any service if payment schedules are not being followed.
Cancellation and Refunds
CYBER WORLD IT reserves the right to cancel the service at any time. Fees are charged on a pre-pay basis and are non-refundable. In addition, some accounts incur set-up fees; these charges are also non-refundable. In this event, customers will be entitled only to a data refund based upon the remaining period of contract. In case cancellation is initiated by the customer, the customer will be charged our standard hourly charge in addition to any other applicable charge.
If a customer contravenes CYBER WORLD IT terms of service, a refund will not be issued in the event of cancellation.
All Hosting is subject to a 12 month contract. If you do not cancel your agreement 30 days before the end of the current contract, then you are liable for another 12 months charge.
Any customer withdrawing payments via Bank or Credit card [a “chargeback”] may be subject to a punitive fee of £50, should the company deem this charge back to be unfair. The Company also reserves its rights to defend such charge backs and recover the original monies from the card issuer.
The domain name is registered with the information provided by you; otherwise it will be registered with the default information which you can change later on using your own client panel.
You should be aware that the domain name is registered through a registrar and as such you shall agree to fully abide by the terms and conditions set out by the third party for such services
You agree that the information submitted for registration of domain names is then available to the general public via the registrars Whois system.
You must supply truthful details to the third party domain service provider.
You are liable to pay for domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges levied by a third party that CYBER WORLD IT are not aware.
If in any case it is not possible to renew your domain, CYBER WORLD IT will not be held responsible.
All alterations are to be requested preferably in writing by email, or verbally in case of urgent necessity. We are not liable for the consequences of any requests made to us.
SEARCH ENGINE OPTIMISATION
By entering in to an agreement (verbal or written) for SEO, you will pay CYBER WORLD IT as per the contact states.
In case of any delay in payments, CYBER WORLD IT reserves the right to suspend the service and not work on the site.
Unless mutually agreed, this agreement shall last for a period of 1 year.
Either you or CYBER WORLD IT may terminate this Agreement by giving to the other party 30 days written notice.
You shall pay the monthly fee every month based on the number of hours of work invoiced: the first payment being due upon entering this agreement and subsequent payments being due on the same day each month.
You cannot withhold or refuse payment on the plea that the result of the Company’s work is not satisfactory.
In the event of the Customer failing to make monthly payment on the due date CYBER WORLD IT reserves the right to take any or all of the following procedure in any order it sees fit:
(a) Request immediate payment of all monthly fees due during the remainder of the contract period;
(b) Issue written demands for all sums due.
(c) Cease working on behalf of you until all overdue sums are paid;
(d) Disengage all the changes done to your site by CYBER WORLD IT.
You should know that Search Engines are independent companies who select the rank sites using their own criteria. We will optimize your pages to enable them to appear on the regional listings/search engines; however CYBER WORLD IT cannot guarantee appearance and position on search engines.
While you must follow CYBER WORLD IT’s recommendations for optimizing its website for Search Engine Listing you have to acknowledge that CYBER WORLD IT does not and cannot guarantee that your website ranking will be improved in any Search Engine listing.
To enable CYBER WORLD IT to optimize your websites you must provide FTP login details for the website and you acknowledge that the CYBER WORLD IT cannot initiate any optimization until FTP login details have been provided.
CYBER WORLD IT may also pay third parties for links or advertisements; the cost of this will either be deducted from your available hours or added to your bill.
GENERAL TERMS & CONDITIONS
You agree that the information that you have given us is correct and is in no way misleading, offensive or against any Country’s Law. You will maintain secrecy of your pass words and will be solely responsible for any unauthorized access to your account by any person.
You hereby acknowledge and agree that CYBER WORLD IT may terminate its services or involvement with you, at any stage or at any time during the introductory or negotiation or facilitation process, by giving you written notice.
This Agreement may be terminated at any time if:
(a) Your website contains any material which is illegal, pornographic, radically abusive or is likely to cause offence or to damage CYBER WORLD IT reputation;
(b) You commit any material breach of this agreement;
(c) You enter into liquidation whether compulsory or voluntary, as a receiver or administrator appointed, enter into any arrangement with your creditors or cease or threaten to cease to trade;
(d) You stop paying CYBER WORLD IT.
However, we will give you seven days to meet any such obligation before terminating our Agreement.
SUSPENSION OF SERVICES
We reserve the right to suspend all or any of the services that we have given to you, including those that have been already paid for should any of these terms not be met.
CHARGES AND PAYMENTS
The price that we charge you for our services is stated in your contract. You will pay to us all the charges on their due dates. You can and may request additional services at any time after your Agreement has started. If we agree to provide you with these services you will pay for the additional services.
We will charge you for any administration costs and loss of work that have occurred for any payment not being met for whatever. Should this debt have to be recovered in the court additional charges including all legal and recovery costs will be charged to you.
As a director or owner of your business you also give us your personal guarantee that all payment owed to us if your business is unable to meet them will be paid by you.
All services are rendered ensuring its quality. If at any time in the service rendering process, you are not satisfied with the quality of work, you may bring it to our attention. We will investigate and decide about the refund.
If a customer contravenes CYBER WORLD IT’s terms of service, a refund will not be issued in the event of cancellation.
Refunds are only possible if we are unable to render the services to you. The refund will be based on the hours that you have paid for but not used. No refunds will be given for hours spent on research, development, design and administration.
You are not entitled to a refund of any of our services if you:
Decide to discontinue the use of our services
Find our charges to be higher compared to others and you can’t afford the services;
Choose the wrong specifications for the service.
You unconditionally guarantee that any elements of text, graphics, photos, designs,
trademarks, or other artwork supplied to CYBER WORLD IT for completion of your website are owned by you, or that you have the permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend CYBER WORLD IT and any claim or suit arising from the use of such elements given by you.
CYBER WORLD IT will not be responsible for any copyright infringement or domain name infringement against any law in any land brought on by your website.
CYBER WORLD IT will hold all copyright to the site it designs unless otherwise stated in writing;
CYBER WORLD IT will own the intellectual property rights in any service given to you, so you will have no resell rights.
If you require copies of your site, you will inform CYBER WORLD IT and we will take the necessary steps to do the task.
CYBER WORLD IT will not be responsible for any copyright infringement or domain name infringement against any law in any land brought on by your website.
CYBER WORLD IT will not monitor, edit, or disclose any personal information about your accounts, including hosted content, without your prior consent, unless CYBER WORLD IT feels that such action is necessary to:
(a) Comply with legal process or other legal requirements of any relevant authority;
(b) Protect and defend the rights or property of CYBER WORLD IT;
(c) Enforce the terms of a task order,
(d) Protect the interests of users of CYBER WORLD IT’s hosting services.
You acknowledge and agree that your IP address is transmitted and recorded with each message sent from the hosting service.
CONFIDENTIALITY AND PROPRIETARY RIGHTS
In this Agreement, “Confidential Information” shall mean any and all technical or business information, including third party information, furnished in connection with this agreement, in whatever tangible form or medium, or disclosed by you to CYBER WORLD IT. Despite the termination, expiration or cancellation of this agreement CYBER WORLD IT agrees to treat such confidential information as confidential for a period of 1 year from the date of receipt of same unless otherwise agreed to in writing by you.
You will keep the details of the agreement and any such information which you may learn about CYBER WORLD IT, our business technology and our clientele, strictly confidential and agreed not to disclose it to any third party. Upon termination, cancellation or expiration of this agreement for any reason all confidential information, together with any copies of same shall be returned.
You agree that if CYBER WORLD IT suffers any loss or there is a failure from your end to meet any of these obligations, you agree to pay us directly and immediately for any proven losses that may occur.
The obligations imposed in this article shall not apply to any information that:
(a) is already known to the public;
(b) is lawfully acquired by CYBER WORLD IT from an independent source having no obligation to maintain the confidentiality of such information;
(c) was known to CYBER WORLD IT prior to its disclosure under this agreement;
(d) was independently developed by the CYBER WORLD IT;
(e) is required to be disclosed by governmental or judicial order.
The requirements of use and confidentiality set forth herein shall survive the expiration, termination or cancellation of this agreement.
LIMITATION OF LIABILITY
The entire risk as to the quality and performance of the website is with you.
(a) CYBER WORLD IT shall not be liable to you for any loss or damage caused or arising directly or indirectly out of CYBER WORLD IT’s services provided under this agreement.
(b) CYBER WORLD IT expressly excludes liability for any indirect, special, consequential or incidental loss or damage which may arise in respect of the services to be provided under this agreement.
(c)We will not be liable to make any payment to you including the return of deposits either in part or full for any delay or failure to meet any of our obligations under this or any other agreement made to you by either verbal, written or electronic means.
(d)We are liable to you to cover the contract and services provided to you as long as none of the other points in this contract are broken by you.
You agree to use our services and facilities at your own risk and agree to defend, indemnify, save and hold CYBER WORLD IT harmless from any and all demands, liabilities, losses, costs and claims asserted against CYBER WORLD IT, its agents, its customers, officers and employees, that may arise or result from any services provided or agreed to be provided or any product sold by you, your agent, employees or assigns.
You agree to defend, indemnify and hold harmless CYBER WORLD IT against liabilities arising out of:
(a) Any injury to person or property caused by any products sold or otherwise distributed in connection with CYBER WORLD IT server;
(b) Any material supplied by you infringing on the proprietary rights of a third party;
(c) Copyright violation;
(d) Any defective products sold to customers from CYBER WORLD IT server and claims arising from omission to inform or implement the updates needed for the site.
You agree that this indemnification extends to all aspects of the work completed by CYBER WORLD IT, including but not limited to website content and choice of domain name.
CYBER WORLD IT makes no warranties with regard to the site and its contents. The company cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
CYBER WORLD IT is not responsible for any content published on your website that breaches any law, copyright or compliance. Customer is solely responsible for the security, confidentiality and integrity of all the content and messages received, transmitted through or stored on the website or server hosting service.
CYBER WORLD IT will not be responsible for any damages or losses your business may suffer.
CYBER WORLD IT does not back up your data/website and while every attempt would be made in the unlikely event of any corruption or hardware failure.
CYBER WORLD IT disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery.
CYBER WORLD IT reserves the right to revise its policies at any time.
CYBER WORLD IT hands over files on request, once full payment has been made. However, the intellectual rights are the property of CYBER WORLD IT unless stated otherwise at the time of contract.
On handover of files from CYBER WORLD IT to you, you shall assume entire responsibility in ensuring that all files are functioning correctly before use.
While every effort is made to make sure files are error free, CYBER WORLD IT cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free.
If, after handover of files, errors are found in code the company will correct these errors for you free of charge within the free maintenance period stated in the contract.
After the free maintenance period the company reserves the right to quote separately for any work involved in correcting an error.
From time to time CYBER WORLD IT may recommend you updates that are needed to your site for better performance. The company reserves the right to quote for any updates as separate work. You agree that the company is not liable for any failure to inform or implement these updates to their site.
You agree that the Company is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency 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.
You agree that the Company is not liable for any bugs, performance issues or failure of third party software as they are open-source software distributed under the GPL (“GNU General Public License”) and are maintained and developed by a community of many of users and companies.
We will not be liable to return any art work to you or any other material that you supply to us for the purpose of providing our services to you.
To maintain the quality of our service to our clients we reserve the right to change these terms and conditions and the nature of our services, which we have agreed to provide to you by giving you at least 28 days written notice.
You may not transfer any of your rights or obligations under this agreement to anyone else without our prior or written agreement.
If you wish to write to us, please send your letter to our main office by means of a recorded method. Any other method apart from email with proof of sending will be classed as unsent.
All notices must be in writing. Notices to CYBER WORLD IT must be addressed to the main office. Notices to the customer will be considered validly given if addressed to your address as shown in the agreement or such other address as is advised by you to CYBER WORLD IT in writing.
The agreement and terms shall be governed by and subject to the laws of government of Bangladesh without regard to its rules concerning conflicts of law.