Cymbiant Hosting
Web Design Terms & Conditions
Introduction
This document contains Cymbiant Hostings (the "company", "us", "we", or "our") Web Design Terms of Service. Cymbiant Hosting expects its clients (the “customer,” “user,” “you,” or “your”) to carefully read and understand this document. By doing business with Cymbiant Hosting, you are subject to the following terms and conditions.Cymbiant Hosting reserves the right to modify these terms at any time, or against any customer it believes is abusing this agreement. Any such revision or change will be binding and effective immediately after posting of the revised Terms of Service on www.cymbianthosting.co.uk. You agree to periodically review our Terms of Service, including the current version of our Terms of Service. Our Web Design Terms of Service agreement is made available at http://www.cymbianthosting.co.uk/Terms/. It is your obligation to review our Terms of Service for any such revisions.
Quotes & Contracts
Quotes and promotional rates provided to prospects will be honored for up to 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.Charges & Fees
All new web design projects that are £150 or less require full payment upon initial purchase. Projects where the total cost is over £150 will be split into 2 payments. An initial 50% deposit will be due immediately before we begin work on the website. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet. Clients outside the United Kingdom are required to pay in full for their web design project.Development Process
The web development process used by Cymbiant Hosting is divided into 3 stages. These are called the "Initial Preview" or "First Revision" stage, the "2nd Revision" stage and the "3rd Revision" stage.Clients will be provided an "initial preview" due date upon purchasing a web design package. The initial preview due date may vary depending on the size of the website. Generally, the initial preview will consist of a preliminary "home page" and general website template only, this will serve to provide the client with a reasonable visualization of how the website will look upon completion. At that point, the client will be able to provide Cymbiant Hosting with a list of changes to make to the initial preview. These changes may be submitted by raising a support ticket from within your client area at https://client.cymbiant.co.uk or emailing the designer that is working on your site. We generally prefer to receive this list via the ticket system although we may communicate with the client via phone as well if we need clarification before moving forward.
Once we have received the client's request for changes we will continue building the website and will provide the client with a new due date. This new deadline will once again depend on the size of the website and the complexity of the changes requested. This new preview is called the "2nd Revision", it generally contains a "finished" website with all pages and content required for the site to be published. At this point, the client may choose to revise the website one last time ("3rd Revision") by providing us with a new list of changes.
The website will be considered finished once it has been published or approved by the client on or before the 3rd revision.
Domain Transfer / Domain Name Server Changes (IP Change)
In order to host the client's website upon its publication, it may be necessary to perform what is known as a DNS (Domain Name Server) change to the client's domain name. This change will make it possible for visitors to view the new website whenever they visit the domain name owned by the client. We will provide the necessary DNS and IP modifications to a single domain name owned by the client. In order to perform the DNS change, we request that the client sends us a username and password to the control panel used to manage the domain name. If this is not possible, we can either contact the registrar (domain registration company) on behalf of the client and work with them to perform the necessary modifications or provide the client with the Domain Name Servers and IP addresses of the server where the site will be held. We reserve the right to charge the client by the hour to assist in transferring their domain name or perform the DNS modifications if we believe the amount of time needed to perform the changes could be excessive. The hourly rate applied will be the same as our standard development rate of £30.00 +Vat.Requesting Additional Pages or Content Changes
The client is expected to provide Cymbiant Hosting with a list of pages he/she wishes to build for the website. In addition, we assume that any content to be built will be presented within the first week of initial web design purchase or before the 2nd revision stage.Requests for new pages or additional content after or during the 2nd revision stage will not be accepted. We reserve the right to bill the client separately for any requests that are not declared within the first week of purchase or before the 2nd revision is presented to the client.
Web Site Design Credit
All Cymbiant Hosting web design clients will have "Site by Monkey Perch Studios" link on their website in the footer of every page. This is non-negotiable. Additionally, websites designed and hosted by us will carry a "Site by Monkey Perch Studios | Hosted by Cymbiant Hosting " footer link. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. At our sole discretion, we may agree to accept a fee of £250 +Vat to allow this link to be permanently removed. Should you have a new layout designed for your site by a company other than Cymbiant Hosting, you may remove the credit from your website.Copyright & Ownership
Upon completion of the project, Cymbiant Hosting transfers all rights and ownership of CUSTOM designs by Cymbiant Hosting or Monkey Perch Studios to the client. All programming written for the website is licenced to the client on an indefinite and unrestricted sense. This allows background programming to be used again in other sites created by Cymbiant hosting and Monkey Perch Studios. If a client requires complete intellectual property over a piece of programming they must discuss this with the developer before quotation and an extra cost will be assigned. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.Cymbiant Hosting reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by our company but not in legal use by the client.
Cymbiant Hosting reserves the right to display websites and graphics that have been designed by our company, and in any marketing material to aid as examples of our work.
Development & Delivery
Cymbiant Hosting understands the importance of completing projects in a timely manner.We agree to complete the web design project within an agreed time limit, usually set at 90 days from the date of original purchase. If the client does not supply Cymbiant Hosting with complete text, graphic content and other requested materials for the website within an agreed period of initial web design purchase, the work order becomes void and all deposits and other payments paid by the client are forfeited. The client may request a Project Extension in writing to Cymbiant Hosting for an additional fee of 25% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between Cymbiant Hosting and the client.
Development Requests After Completion
Unless the client is hosting his website with Cymbiant Hosting, we will consider our work on the website finished once it has been published or approved by the client. Additional development or assistance after the website is deemed "complete" will be billed by the hour. The hourly rate will be determined at the time of the request and may differ from the initial web development purchase price. If the client is hosting his website with Cymbiant Hosting, Support will be provided according to our Managed Hosting Terms of Service.Clients may review the Managed Hosting Terms of Service at: http://www.cymbianthosting.co.uk/Terms/.
Non-Communication
If we are unable to communicate with a client on a project for a duration of at least forty- five days (45) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.Refunds
Please see our Refund Policy available on our website at the following address: http://www.cymbianthosting.co.uk/Terms/Acceptance
Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. Cymbiant Hosting reserves the right to change or update these terms at any time without prior notice.Miscellaneous
This Agreement, and all disputes and claims arising out of or in connection with it, shall be governed by the laws of England & Wales. The Customer irrevocably and unconditionally agrees with Cymbiant Hosting that the English courts shall have exclusive jurisdiction over all such disputes or claims arising hereunder.If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Revised and effective: January 11th, 2010.