DEFINITION OF OUR TERMINOLOGY AS USED WITHIN THIS DOCUMENT:
1. ‘We’ or ‘Us’ indicates Cubix Systems who’s registered offices are Trivandrum, Thrissur, Kozhikode .
2. ‘You’ or ‘The Client’ indicates the person purchasing whom is known as a person, persons, business or organisation using any of the services provided by Cubix Systems.
3. A ‘Project’ is any work undertaken or service provided by Cubix Systems for the Client on their request and as described in Cubix Systems Project Specification/Proposal.
4. ‘Live Mode’ means the website is available on the Client’s chosen domain or files released to the Client should the website be hosted elsewhere.
5. ‘Domain’ is the website address as specified by the Client.
6. ‘Hosting’ is a yearly cost to keep a Clients website activated online.
7. ‘Content’ is both text and images that the Client requires on the website.
Cubix Systems TERMS & CONDITIONS
1. The contract between Cubix Systems and the Client will be on these conditions, to the exclusion of all other Terms and Conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be outlined in the Cubix Systems Project Specificaton/ Proposal.
3. Sales Executives may be contacted by telephone on the below number. It is preferred for Developers to be contacted via email to ensure requests are recorded and to ensure the prevention of errors occurring.
4. Cubix Systems will only commence work on a Project after receipt of a non-refundable deposit. The website will be switched to Live Mode once the Client’s remaining balance is paid in full.
5. Cubix Systems cannot be held responsible for anything adversely affecting the Client’s business operation, sales, profitability or fraudulent transactions that might be claimed as a result of the service offered.
6. By the Client agreeing to Cubix Systems Terms & Conditions of Business, the Client is agreeing to pay for the project in full. Should the Client have not made communication with Cubix Systems for a period of 30 days or more, the Project will be assumed as terminated and the remaining balance due in full. It would then become the intention of Cubix Systems to complete the project within a 12 month period, as outlined within the Project Specification/Proposal.
7. It is the responsibility of the Client to ensure that Cubix Systems is provided with text, images, links, articles and relevant information. Should the Client not provide Cubix Systems with the particulars within 8 weeks of commissioning the project, the project will then be assumed as terminated and the remaining balance due in full. It would then become the intention of Cubix Systems to complete the project within a 12 month period, as outlined within the Project Specification/Proposal.
8. Where images used on the website have been purchased by Cubix Systems on behalf of the Client, these images are strictly for use on the Client’s website only. Cubix Systems are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
9. Cubix Systems will provide the Client with an expected completion date for the Project. Cubix Systems may endeavour to meet any given deadline, do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Cubix Systems will be adhered to as far as is reasonably practical.
10. All images displayed on the Client’s website will only be used after authorization by the Client and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Cubix Systems, they will be the sole responsibility of the Client. It is the responsibility of the Client to ensure that permission has been granted for any use of Trade Marks or 3rd party material.
11. Cubix Systems has no control of, or responsibility for, the content of the Client’s websites. In no way does the textual or image based content of our Client’s web sites constitute Cubix Systems endorsement, or approval of the website or the material contained within the website. Cubix Systems has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. Cubix Systems provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
12. Cubix Systems are not liable for loss, damage, corruption to files, virus attacks or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for ensuring that necessary web content, product & information or files relating to its website are ‘backed up’ securely. Cubix Systems will provide access upon request to all files and databases once the site is in live mode.
13. You are not permitted to duplicate the websites code or database for use on a different domain name without written approval from Cubix Systems.
1. If a maintenance service agreement is specified in the Project Specification/Proposal, Cubix Systems will provide a separate contract.
1. Cubix Systems will provide support for a 13 week period after the site has gone live. Warranty covers: cross browser issues, coding errors, and all functionality as defined in the specification.
2. Cubix Systems will NOT provide additional training, changes or modifications or any description, design or additional development. A quote for additional development can be provided separately.
3. Extended warranty is available at an additional cost. Warranty is void should the website not be hosted by Cubix Systems.
1. Cubix Systems will host the website if the Client requires us to do so and only on receipt of full payment of annual hosting fees.
2. Should the Client request Cubix Systems to host their website, Terms and Conditions will be issued accordingly.
3. If the Client does not use Cubix Systems Hosting services then the management and Hosting of the domain name are the full responsibility of the Client. Any technical support required in launching the site will be quoted for additionally.
1. Should the Client request specific domain name registration. Cubix Systems will complete this on the Client’s behalf subject to availability. This name will be registered to Cubix Systems current address. Although the domain names are registered to Cubix Systems, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Cubix Systems will do this within 30 days.
2. All domain names are subject to the relevant Internet Registry’s terms and conditions. The Client is responsible for any copyright or trademark breaches in relation to their chosen domain name. All domain names require renewal to remain registered. Cubix Systems will only renew domain names once requested by the client.
1. Cubix Systems accepts payment via bank transfer and cheque. If this is not acceptable to the Client, we also have the facility to accept credit card payment as an alternative method – handling fee will be chargeable for credit card transactions.
2. Cubix Systems owns all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website. Images may have been purchased by Cubix Systems for the Client, unless the images have been supplied by the Client. Images purchased by Cubix Systems are licensed only for use on the client website.
1. The agreement shall commence on payment of the deposit and shall terminate on the acceptance of the site and payment of all outstanding money. Should the client fail to pay any sums due to Cubix Systems as they fall due, services may be suspended or cancelled without notice. Accounts are typically suspended 14 days after the due date, and fully cancelled after a further 30 days.
2. Should these Terms and Conditions be in breach in any way shape or form, Cubix Systems may suspend or cancel any Services.
3. If as a Client you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors or any analogous event, Cubix Systems shall be entitled to suspend or cancel any services without notice to you.
4. You may cancel the services at any time without refund, outstanding balances settled as detailed within the payment clause above by the Client. Cubix Systems will be entitled to delete your web site and to remove all data where termination or suspension has occurred no matter how that termination or suspension has occurred. These files are not recoverable.
CONFIDENTIALITY AND DATA
1. During the term of this agreement and for two years thereafter, each party will treat as confidential all information that it obtains concerning, but not limited to, the business, finances, technology and affairs of the other.
2. Both parties will communicate with each other regarding actual or suspected misuse or unauthorised disclosure of the other party’s confidential Information. Both Cubix Systems & the client will comply with its obligations pursuant to the Data Protection Act 1998. All work undertaken by Cubix Systems will be demonstrated on Cubix Systems website and printed marketing material.