Terms and Conditions
Written version is available upon request, please email mail@cyberzia.net for more information.
General Information
These terms and conditions apply to all users of the Cyberzia Limited Web site. By accessing or using the Cyberzia Limited Web site users agree to be bound by the following terms.
Any reference made to Cyberzia Limited in this document shall be deemed to have been made to Cyberzia Limited, its subsidiaries, successors, assignees and affiliates.
Intellectual Property
The text, images, pictures, graphics, sound recordings, lyrics, articles, logos, data accessed through links and other items provided by Cyberzia Limited are copyrighted by Cyberzia Limited and the other owners of items on this site.
No part of the Cyberzia Limited Web site may be reproduced, copied, modified, distributed, republished, uploaded, posted, transmitted, sold, commercially exploited, publicly displayed or publicly performed in any form or manner without the prior written permission by Cyberzia Limited except in accordance with the following permission: Cyberzia Limited consents to you storing on your computer and printing copies of extracts from these pages for your personal use only, provided that you do not modify the material in any manner and provided that you retain any copyright, trademark or other legal notices that appear on such copies.
Information
Cyberzia Limited cannot warrant that the information is accurate, complete, up to date, useful, legal, legitimate, valid, correct, reliable, free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties or will not contain adult-oriented material or material which some individuals may deem objectionable.
Disclaimer
The use of the Cyberzia Limited Web site is at your own risk. Cyberzia Limited disclaims any implied or express warranties or statutory guarantees and liabilities as to merchantability, fitness for a particular purpose, accuracy of content, non-infringement of proprietary rights, freedom of computer virus, condition, quality, durability, performance, continuity, security, error freeness and reliability of the Cyberzia Limited Web site and of information accessed, to the fullest extent permitted by law.
Except as expressly provided, nothing within any of the Cyberzia Limited Web site shall be construed as conferring any license under any of Cyberzia Limited's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise.
The Cyberzia Limited Web site contains links to 3rd party Web sites for purposes of necessity. Cyberzia Limited, by providing a link to those Web sites does not endorse and does not make any representation as to the content of those Web sites which you may access through the links. In no event shall Cyberzia Limited be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance on the third party Web site or the information, advertising, products, resources or material accessed through these links.
Payments
50% of the total agreed proposal amount is normally requested prior to project commencement.
The balance 50% is normally payable prior to launch of the project on the World Wide Web in addition to any additional costs incurred during the production process and agreed between the client and Cyberzia. These extra charges could be for an upgrade from original specification, for example a Flash intro rather than a static page or additional site features or content not included in the original proposal. Web hosting and domain name charges are also payable in advance, usually an annual charge.
Once final payment has been made Cyberzia will endeavour to upload the site to our servers as soon as possible, usually within 24hrs. Immediate site visibility and email functionality could depend on domain propagation and/or other factors outside our direct control.
Due to the immediate nature of the Internet all invoices are payable on presentation for services supplied. We do not operate 30 day invoice terms, however a 7 days grace period is allowed for payments to arrive. We reserve the right to charge interest on accounts outstanding after 7 days from presentation. We also reserve the right to initiate debt recovery proceedings for overdue accounts including the addition of interest and reasonable debt collection fees to be added to the original invoiced amount.
If a project does not show any movement for four weeks (for example waiting for client content, photos, etc), then the following charges will apply:
Project at Concept or Layout Phase - 50% of the total project amount will be payable (usually covered by the 50% up-front payment as above).
Non movement during Development Phase - 100% of the total project amount will be payable.
Cancellations
Cancellation at design stage is subject to 25% of total proposal amount. Cancellation at development stage is subject to 50% of total proposal amount. Cancellation at Quality Control stage (ie ready for launch) is subject to full proposal amount.
A three month warranty on our work comes free of charge after final payment has been made. This covers live testing and to ensure that all our developed sites have been coded per the original project specification.
Legal Action
Cyberzia Limited does not limit its liability for death or personal injury caused by its negligence in any way whatsoever or for any of its fraudulent acts or omissions. Subject to this Cyberzia Limited shall not be liable to any user for any loss of profits, loss of savings, loss of goodwill, loss of contracts, damages including any incidental, special or consequential damage, loss, direct or indirect, deletion, failure to store, misdelivery, inaccuracy of content, incompleteness, illegality, unreliability, inoperability or non-availability, however incurred, arising out of the use or inability to use, or the availability of this site or material on it.
Basic Hosting Maintenance
Where purchased, the standard hosting maintenance package will include updates to the hosted website up to a maximum of one hour per calendar month. Further work is at the sole discretion of Cyberzia Ltd and may be charged for at the standard rate. Updates are defined as minor changes to existing content in order to keep content fresh and up to date. Large amounts of updates incurring more than one hour of time to complete may be regarded as upgrades and therefore may be subject to charges at the standard rate.
Users
All remarks, suggestions, ideas, graphics and other information communicated to Cyberzia Limited through this site will belong to Cyberzia Limited. Cyberzia Limited will be entitled to use the submission for any commercial or other purpose whatsoever, without compensation to you and any other person sending the submission.
You acknowledge that you are responsible for information, code, data, text, software, music, sound, photographs, pictures, graphics, or other materials ("Content") you submit, upload, post or otherwise transmit and that you, not Cyberzia Limited, have full responsibility for the message including its legality, reliability, appropriateness, originality and copyright.
Terms and Conditions
The terms and conditions of use relating to this site shall be governed and interpreted pursuant to the laws of United Kingdom. If any part of these terms & conditions is unlawful or unenforceable that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Cyberzia Limited may at any time revise these terms & conditions by updating this posting. You are bound by any such revisions. You should thus periodically revisit this page to view the then current terms & conditions by which you are bound.
The terms & conditions statement was last updated on 09 February 2008.
If you have any questions concerning these terms & conditions or our privacy policy, please contact:
Cyberzia Limited
PO Box 555
Newcastle
ST55 9AR
Tel: 01782 631112
Fax: 08701 390368
