Web design Terms and Conditions IMPORTANT! THESE TERMS AND CONDITIONS GOVERN THE USE OF CYREX COMMUNICATIONS (CYREX) WEBSITE SERVICES BY YOU. BY USING THE CYREX WEBSITE SERVICES, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS Scope - These Terms and Conditions govern the use of CYREX Web/online SERVICES.
Website Design Packages - Our designers will aim to customize design packages to the maximum extent with your business information such as logos, commentary, photographs etc. However, in many cases, it may not be possible to change the overall format of the design as displayed in the gallery section. Extra charges will be applicable for any additional features required in addition to the ones described on "Web Design Packages" like extra pages or special designs needed to be included. These special designs needed to be consulted with CYREX team to ensure proper pricing is given. Different packages have different design qualities and you are to ensure you choice the right package based on your requirements. You must describe clearly to CYREX what you want to achieve so that CYREX can show you those packages based on your requirements. You are to ensure you discuss this and agree to that packages shown by CYREX to you based on you requirements. CYREX is not liable for your misunderstanding in the web Design packages and its content. Any necessary requirements must be noted in this agreement and its additional prices
CYREX PRO BASIC : - 1-5 static page website. Simple Flash menus or graphic menus, one top page flash banner. Up to 5 photos (graphic). 1 dynamic page (namely contact page) Price: $499 VEP CYREX CORPORATE : - upto 10 static page website. Flash menus or graphic menus, drop down menus, 2 top page flash banner. Up to 12 photos (grahics). 1 dynamic page (namely contact page) Price: $899 VEP CYREX CORPORATE ADVANCE : - upto 10 static and high quality page website (better than CYREX CORPORATE). Flash menus or graphic menus, drop down menus, 2 top page flash banner. Up to 12 photos (grahics). 1 dynamic page (namely contact page) Price: $1800 VEP CYREX E-COMMERCE : - upto 20 static page website. Simple Flash menus or graphic menus, one top page flash banner. Up to 30 photos (graphic). 5 dynamic pages. Shopping cart facility and configuration of payment gateway. Price $2,100 VEP CYREX DATA DRIVEN- BASIC : - upto 15 quality page website. Advance Flash menus or graphic menus, 5 top page flash banner. Up to 5 photos (graphic). 5 flash animations. 1 dynamic page (namely contact page)and 1 dynamic page for newsletter signup. Sound effects. 3D menus. Protected pages(secured viewing by members only) -$ Price: $3200 VEP. CYREX DATA DRIVEN- ADVANCE : - upto 20 quality page website. Advance Flash menus or graphic menus, 5 top page flash banner. Up to 5 photos (graphic). 15 flash animations. 1 dynamic page (namely contact page)and 1 dynamic page for newsletter signup. 2-5 other dynamic. Sound effects. 3D menus. Protected pages(secured viewing by members only). Member logins. Admin Logins (viewing reports, statistics) Price: $5,500 VEP
Additional services requires additional prices.
Web/Email Hostings - CYREX will host the website and will ensure customers website will be available 24hrs and 7 days. If fault occurs CYREX will inform the customers and if unexpected circumstances such as discussed in section 15 under FORCE MAJEURE, CYREX is not liable for any loss to customers. CYREX together with its technical people will respond to the problem/faults and inform the customer its outcome. CYREX is not liable to its customers for any loss of business derived from unavailability of the customer’s website. CYREX has sufficient Back-ups, generators and offshore 3rd party providers based in USA to ensure connectivity of web hosting service during the term of the contract but are not liable whatsoever for any loss if service is not guaranteed.
CYREX HOST BASIC: 50 mb disc space, 1000 mb traffic, only one domain name(one website) to host,1 pop3 email account (domain name email account) Price: $250 per year VEP
CYREX HOST ADVANCE: 500 mb disc space,2000 mb traffic, only two domain name(two website) to host,3 pop3 email accounts (domain name email account), one MySQL database) Price: $550 per year VEP CYREX HOST ULTIMATE: unlimited disc space, unlimited traffic, unlimited domains to host, unlimited pop3 email accounts(domain name email account) ) Price: $850 per year VEP
Search Engine Optimization(SEO): Based on negotiated price CYREX will ensure the discussed keywords, key phrases will appear on discussed respective pages in online search engine directories. We do not take any responsibility if the keywords or phrases doesn’t appear as requested if the Search Engine directories cease their operations or change their technical architecture of the search engine directories or change their services apart from what is discussed in section 15 of Force Majeure. There are various search engine companies. Some are named Google, yahoo, ask, etc. CYREX can only achieve the results if its price is agreed by the customer. SEO prices start at $2000 for 2-4 keywords. CYREX will not list customer’s details in sponsored section of respective search engines because the customer is required to directly contact the respective search engine companies and request this service which will incur them additional charges. CYREX prices are based on; number of keywords, number of key phrases, customers nature of business, competition, market position, websites of customers competitors and their ratings on SEO, page customer wants its details to appear in the search directory- first page will cost more that the other pages. It is advisable that customer research and discuss properly with CYREX.
E-marketing: CYREX does e-marketing through emails marketing. CYREX will prepare and design the required message and will seek approval from its customers before sending it to large group of people. CYREX does not take any responsibility and are not liable for emails that weren’t delivered to certain groups. We do not take any responsibility on non delivery of emails as planned and discussed as issues such as ISP blocking, Restrictions of Email by ant spam software’s constrain our delivery.
Payment Terms - For all package deals 100% payment is required before the commencement of the job. The orders can be placed via phone, web, or fax. The payment can be made via bank transfer and cash payment only. We only accept cash cheque. The job will only commence once the payment has been approved, or received successfully into our bank account. For certain custom jobs, 60% payment is required before the commencement of the work and the balance is required before the delivery of the final artwork/design or when the site goes LIVE, whichever comes first. CYREX will fix any bugs or programming related errors within the scope of the project for 30 days for projects below the value of $5000, and for 60 days for projects above $5000 or negotiated upon. The warrantee period begins from the time site goes live. If for some reason, customer does not wish to go live, the warrantee period will lapse if there is no notification from customer for a period of 30 days. If client has obtained FTP details from CYREX, and have shared these with another web developer, CYREX warrantee will no longer be valid. Any advance payment will be forfeit if customer fails to provide a written brief for the project in the next six months from the day of the advance payment received by CYREX.
Please note that if a customer fails to make payment for the work completed/invoiced, their account details will be handed over to our credit collection agency, who will pursue the debt (including any court proceeding if required) plus their collection cost. The agency can take whatever actions deemed necessary to collect the debt.
Right to Service - CYREX reserves the right to refuse service to any user, if these users are not aligned with our business operating principles and policies, particularly certain types of websites or online businesses that may deal with socially offensive content or inappropriate material.
Refund Policy - ALL packaged deals ordered through the website are non-refundable. For custom projects, any refund must be requested within 14 days of placing the order. For all projects, a consolidated brief must be submitted before starting the work on the project (unless agreed otherwise). If customer fails to submit a written brief along with all the inputs (for packaged as well as custom projects) within 14 days of making the advance payment, CYREX may ask for extra charges to resubmit the project in the production queue. If the final brief has not been submitted even after 30 days of making the advance payment, project will be considered inactive and no refund will be granted. For custom projects, if an order is cancelled within 14 days of making the advance payment, but have not submitted the brief, we will refund 75% of the payment that has already been made. If the order is cancelled after the brief has been submitted and the work has already begun, the maximum refund will be 50% of the advance payment. There will be no refund if more than 50% of the work has been completed. Any payment relating to domain name or hosting will have to be paid in full and is non refundable. Under special circumstances, CYREX reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the request for service. Under no circumstances will CYREX be liable for any damages arising from misrepresentation or misinformation.
Severability - The provisions of these Terms and Conditions may be exercised and are applicable and bindied only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Waiver - No failure or delay on the part of CYREX to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by CYREX preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by CYREX to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Ownership - Upon receiving all payments successful for the website design work and after contract period our clients become the owner of the website, and they are free to take their site to another developer or host with another company. Please note that all the contents on client site is the responsibility of its respective site owner, and CYREX is not responsible or liable for any copyright or trademark issues after the contract period. Any third party logos, trademarks or names used on this website are properties of their respective owners, and do not necessarily mean that they have an alliance with CYREX after the contract period.
Contract- The contract CYREX has with its clients range from two years to 5 years. During the chosen contract period the customer is not permitted to discuss its website with another website developer or take any advice or service from them. Any work or ideas can be discussed with CYREX itselfs. You can discuss your website with 3rd party based on the fact that they are not the web designers either work privately or are in web designing/online business but you cannot re-design your website with any 3rd party where they be a web designer or not during the contract period.
CLOSURE: If CYREX closes its operation a letters will be sent out to customer either via email or mail stating the business closure. Please note if our physical office is closed it does not mean we have close down our operations. Contract and services will still be maintained and followed until you have received an email or mail from our legal associates or from us. Na
PENALITY: Failure to adhere to the above shall enable CYREX to start legal proceedings claiming $10,000.
Approval process – During the project development process CYREX will provide design and project updates from time to time. While CYREX will perform its own testing on all the work completed, the final responsibility lies with the customer to ensure that the modules and the complete project has been tested for any deficiencies or errors and to confirm that the site is operating as originally intended. It is expected that customer will respond with any feedback and corrections within the timelines specified in the updates sent by CYREX, to ensure that the project can be completed on time. Customer will have two opportunities to thoroughly test the site and advise of all deficiencies/bugs together at every stage. If customer does not respond within 3 working days (unless pre-agreed) it will be assumed that the work is accepted and the work may progress further towards finalization.
Disclaimer - While every care has been taken in the preparation of this site, but no warranty is given as to the correctness of the information and no liability is accepted for any statement or opinion or for any error or omission. This material is provided upon the condition that the user, by receiving or viewing the material shown, agrees not to act in reliance upon it without first satisfying himself/herself by independent enquiry or advice as to the correctness, accuracy, relevance, currency, reliability or otherwise of the material displayed, including (without limitation) representations of fact, nature, quality and suitability. Whilst every endeavor has been made to ensure the accuracy and reliability of the information shown, CYREX expressly disclaims any liability or responsibility for any errors or omissions that may occur herein. The user shall have, make or bring no action, suit, claim, demand or proceedings against CYREX and its associates for damages, compensation, losses, costs, expenses, orders or any other legal or equitable remedy should any such material be found to be incorrect, inaccurate, erroneous, defective, deceptive or misleading, whether caused by the negligence of the author or any other cause whatsoever. Any third party logos, trademarks or names used on this website are properties of their respective owners, and do not necessarily mean that they have an alliance with CYREX.
FORCE MAJEURE: Either party shall not be liable to the other party for any failure to fulfill any terms of this service agreement if such fulfillment is delayed, hindered or prevented by Force Majeure including but not limited to act or omission of the government or the relevant authority of Fiji Islands or Fiji Judicial Court or any other Government or Authority which have jurisdiction over this agreement, change of government policies, laws, rules and regulations, acts of GOD, Strikes, Blackouts, riots, civil commotion, acts of war or terrorism, epidemics, landslides, earthquakes, storms, floods or any circumstances for whatsoever nature beyond the control and anticipation of the first mentioned party.
CONTACTS: P.O.BOX 18846 Suva, Ph: +679 3572286 +679 3620291 +679 9223300. Email: info@cyrex.com.au, info@cyrexonline.com, and info@cyrex.com.fj. Any change of this will be notified in writing to the customer. We don’t take any responsibility or are liable to any loss to our customers if they were unsuccessful in contacting us via phones, email or mail or when our physical office was closed.
