Last updated on 1 October 2016.
IMPORTANT: Please read these Terms and Conditions carefully. By using this website and/or any Cybersite web page design services, the Client
1. Materials for Web Page Design; Training Session
1.1. The Client agrees to make available as soon as it is reasonably possible to Cybersite all materials required to complete Cybersite’s web page design services to the agreed standard and within the set deadline.
1.1.1. Write-Up (Content):
- Soft copy of write-ups must be submitted in editable Microsoft Word® “.doc” file format.
• Write-ups in any other formats (e.g. PowerPoint®, Excel®, Adobe® “.pdf” format, hardcopy of any brochure or other publication, or any other information or, writings retrieved from websites) information from websites) will not be accepted unless agreed by Cybersite.
- All write-ups submitted must be categorised in terms of location of webpages appropiately (e.g. “Home”, “About Us”, “Services”, “Products” and “Contact Us”).
1.1.2. Logo / Pictures (Images):
- Every image to be incorporated in the website in addition to those included in the package service (if any) will be subject to additional charges.
- All images must be submitted in “.jpg”, “.jpeg” or “.gif” format at an appropiate resolution.
- All images must be labeled appropriately. (e.g. logo.gif, logo.jpg, product1.jpg, product2.jpg, etc.).
- If the Client has preference on placement of images on pages, the same should be stated clearly.
- All logos / images / pictures / maps to be placed on the website must be provided by the Client.
- Where required / requested, Cybersite may charge and purchase on behalf of the Client suitable images from the stock image websites for placement at the Client’s website.
1.1.3. Content / Images (collectively, “Client Materials”) submission requirements:
- Layout, fonts and corporate colors (if any) must be clearly stated.
- Content / Images must be finalised before submitting to the designated designer of Cybersite.
- Finalised Content / Images must be submitted to the handling designer of Cybersite within 3 months from the day when full payment is made, failing which the Client’s order will be deemed forfeited and all payments made will be forfeited absolutely.
1.1.4. Additional Items or Changes:
- All web design service particulars are as specified under the respective packages, unless otherwise stated.
- Additional items or changes requested after the designed website is put on production will be subject to additional charges.
- A maximum of 5 external links (under a Basic Package) and 10 external links (under an Advance, CMS, or E-commerce Pacakage) will be included (e.g. a link to a pdf file to be provided by Client or a link to another external website). Additional web links will be subject to additional charges.
- All additional items will be subject to additional charges and will vary according to the complexity of the design.
1.2. The Client shall be legally responsible for all information, data, text, software, music sound, photographs, graphics, video, messages or other Content or Images or materials of any nature (collectively ” Client Materials”) provided, uploaded, posted or stored in connection with the Client’s use of Cybersite’s services. Cybersite is not responsible for the Client Materials.
1.3. One hour of Training/Tutorial Session will be organised at a time and venue determined by Cybersite will be included in a CMS Package or E-commerce Package free-of-charge. Any additional training will be subject to additional charges.
2. Logo Provided by Client
2.1. Any logo or logs to be included in the website shall be provided by the Client according to the exact specifications prescribed by Cybersite. Cybersite will only insert the logo provided by the Client and Cybersite will not be rsponsible for any modifications or adjustments to the logo if the resolution, colour layering and any other technical parameters of the final output differs from the original versions regardless if it is caused by the effects of the design / themes requested by Client or otherwise.
2.2. Additional request to change or render the given logo will be subject to additional charges.
3.1. All quotations will be made subject to this Terms and Conditions.
3.2. The quoted fee will be paid in advance according to the payment methods made available on Cybersite’s website or alternative payment methods which may be authorised separately by Cybersite. Upon payment, an official invoice will be sent to the Client by Cybersite.
3.3. All fees are subject to Good and Services Tax (GST) according to the prevailing rates and payable by the Client.
4. Database, Application, Software, Content Management System and E-Commerce Development
4.1. Cybersite will not take responsibility for any losses incurred by the use of any software created for the Client. Whilst every care has been taken to ensure services are problem-free and accurate, the ultimate responsibility lies with the Client in ensuring that all software is functioning correctly before use.
4.2. Where applications or sites are developed on servers not recommended by Cybersite, the Client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the Client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
4.3. The Client is expected to test fully any application or programming relating to a site developed by Cybersite before being made generally available for use. Where “bugs”, errors or other issues are found within 90 days after the site is live, Cybersite will endeavor (but is not obliged to) to correct these issues to meet the standards of functionality of the website.
5. Delivery Time Line
5.1. A period of 20 working days (Basic Package) and 30 working days (Advanced, CMS, and E-Commerce Packages), excluding Saturday, Sunday and Public Holiday, shall be allowed for the construction / completion of the website. This period shall only commence from the day all finalised Client Materials are submitted.
5.2. Upon approval of the mock-up design, a one-time (Basic Package) and two- time (Advanced, CMS, and E-Commerce Package) minor amendment shall be allowed for the website content only. Examples of minor amendments include grammatical correction, editing of sentences, change of the background color etc. Layout changes will be subject to additional charges.
5.3. Client is to confirm any amendments / changes required for the website within 3 working days, excluding Saturday, Sunday and Public Holiday, upon viewing the first draft. Otherwise, the amendment provision shall be forfeited.
5.4. Delivery time lines may be adjusted depending on the complexity of the Web Design and the types of amendment requested, and are subject to the submission of materials by the Client within the designated time frame agreed upon.
5.5. Cybersite shall not be held responsible for delays if the Client does not submit the materials / amendments on time.
5.6. Cybersite will not be liable to the Client for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
6.1. Illness, injury, or other events beyond Cybersite’s control, including but not restricted to: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
7.1. Cancellation of orders may be made initially by formal notification in writing to the d esigner’s email address. No refunds will be provided.
8. Intellectual Property Policy
8.1. All materials and services made available by or through Cybersite, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including but not limited to software, all informational text, software documentation, website design and functions, “look and feel”, material, graphics, services and any programming code / scripts, save and except the Client’s Materials, (“Cybersite Materials”) are owned by and remain the property of Cybersite (or other parties that have licensed their material or provided services to Cybersite), and are protected by copyright, trademark, trade secret and other intellectual property laws, and the same may only be commercially reproduced or resold with written permission of Cybersite. If the Client believes any Cybersite Materials infringe copyrighted works of the Client, the Client shall promptly notify Cybersite of alleged infringement to the handling designer of Cybersite.
8.2. Subject to these Terms and Conditions and other provisions agreed between Cybersite and the Client in writing, Cybersite grants the Client a limited revocable, non-transferable and non-exclusive licence and right to use Cybersite Materials to the extent and only to the extent, necessary to access and use the Cybersite services in accordance with these Terms and Conditions. Such licence does not permit the Client and the Client agrees not to copy, reproduce, modify, rent, lease, loan, sell, assign, transfer, transmit, sublicence, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any script or programming code or any source code used in or with the Cybersite Materials or otherwise create derivative works based on or in any manner commercially exploit in any way any of the Cybersite Materials other than as specifically permitted in these Terms and Conditions.
8.3. The Client shall be legally responsible for all Client Materials provided, uploaded, posted or stored in connection with the Client’s use of the Cybersite’s services. Cybersite shall not take responsibility for any Client Materials. Cybersite reserves the right to refuse any materials of a copyrighted nature unless adequate proof is given of permission to use such materials.
8.4. It shall be the Client’s responsibility to ensure that all Client Materials submitted to Cybersite are original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. The Client hereby grants Cybersite a worldwide, royalty-free, non-exclusive licence and right to host and use all of the Client Materials in order to provide the Client the website services and hereby represents and warrants that the Client has all the rights necessary to grant Cybersite such licence.The Client assumes full liability and shall indemnify Cybersite for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or look and feel of Client’s website.
9. Disclaimer and Limitation of Liability
9.1. Whilst every effort will be made to ensure that the website and any scripts or programs are free of errors, all web services of Cybersite provides will be so provided on an “as is” “as available” and “with all faults” and without any warranty of any kind, express or implied. To the fullest extent permissible under applicable laws, Cybersite disclaims all warranties of any kind, express or implied, including any warranty of title, merchantability or fitness for any purpose and non-infringement. Without prejudice to the generality of the foregoing, Cybersite shall not accept responsibility for any claims, liabilities, losses or damages incurred or suffered arising from any of loss or unrecoverability of any Client Materials or otherwise any malfunctioning or interruption of the Client’s website or any part of it.
9.2. Cybersite will not be liable for any claims, liabilities, losses, damages, costs or expenses suffered or incurred;
9.2.1. due to the work carried out on behalf of the Client or any of the Client’s appointed agents.
9.2.2. due to the unavailability of the site, its servers, software or any material provided by the Client or its agents.
9.2.3. due to the performance of any third party software or plugins. Cybersite does not offer support via email or otherwise any other third party plugins we have not developed.
9.3. Cybersite will not be liable or become involved in any disputes between the Client and its vendors or customers and cannot be held responsible for any wrongdoing on the part of the Client.
9.4. The Client agrees that Cybersite is entitled to disclaim all liability for any loss or damage arising out of the access to the website, use of the services on the website including, but not limited to:
9.4.1. any damage to or loss of data suffered by the Client;
9.4.2. any claim based in contract, tort or otherwise for loss of revenue, profits or consequential loss whether of an economic nature or not;
9.4.3. any error, inaccuracy, or computer virus introduced into the Client’s computer system;
9.4.4. any claim relating to content, goods or services supplied, provided, sold or made available in the website or by Cybersite, and any claim relating to content, goods or services supplied, provided, sold or made available in the website or by Cybersite, and
9.4.5. all and any loss and damage attributable to an event or circumstance beyond Cybersite’s control, including but without limitation, acts of God, war, flood, fire explosion, civil disobedience, governmental action, legislation not in force at the time of these Terms and Conditions of Use, restraints imposed by governments or any other regulatory authorities, labour disputes, trade disputes or delays of parties.
9.4.6. any third party’s services, software, equipment, network or facility failure.
9.4.7. any damage arising as a consequence of virus, spam, hacking, denial of service attacks, bandwidth connectivity issues and problems created by the Client or public accessing its website.
9.5. Cybersite will not include in its designs any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising materials must conform to standards laid down by the relevant advertising standards authorities. Cybersite also reserves the right to refuse to include any Client Materials without giving reason.
9.6. Under no circumstances will Cybersite or any relevant parties be liable for any lost profits, revenue, business or anticipated savings or any other consequential, indirect or special damages even if such damages, losses, costs or expenses are caused wilfully, recklessly or negligently or otherwise communicated with Cybersite prior to any relevant incident.
9.7. The Client agrees that in the event Cybersite is found to be liable to the Client for any loss or damage howsoever caused as a result of the use of the Cybersite services, Cybersite’s liability shall in any event not exceed the total fees paid by the Client to Cybersite for the services rendered giving rise to the right to claim.
10. Indemnity Representations,Warranties and Undertakings
10.1. The Client hereby represents, warrants and undertakes that:
10.1.1. The Client is at least 18 years of age;
10.1.2. The Client will ensure all personal particulars and information (including email address) provided in your application / registration is accurate and valid at all times and will your such particulars and information accurate and up-to-date;
10.1.3. The Client will not use the web services of Cybersite or any of the Cybersite Materials for any unlawaful purposes or to conduct any lawful activity, including but not limited to fraud, embezzlement, money laudering or insider trading.
10.1.4. The Client will not use any of the website of Cybersite or any of the Cybersite Materials to impersonate another person.
10.1.5. The Client will not state or imply, directly or indirectly, that it is affiliated with or endorsed by Cybersite without expression written permission.
10.1.6. The Client will not send unsolicited messages to promote any website.
10.1.7. The Client will not upload, post, email, transmit or otherwise make available or initiate any Client Materials that contains software virus, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any services of Cybersite or its affiliates or any Cybersite Materials or that may impact the ability of any other client or customer of Cybersite to assess to its services.
10.1.8. The Client will not access any web services of Cybersite through automated methods. Cybersite’s services may only be used or accessed through an electronic device through manual control at all times.
10.1.9. The Client will not send messages using the Cybersite’s web services which do not correctly identify the sender and the Client will not alter the attribution of origin in electronic mail messages or postings.
10.1.10. The Client will not override or attempt to override any security component included in or underlying the Cybersite Materials or Cybersite’s services.
10.1.11. The client will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Cybersite’s infrastructure.
10.1.12. The Client will not publish any content or links to any content that is:
(a) Pornographic, sexually explicit or violent;
(b) Illegal (including stolen copyrighted material or material that infringes or has the potential to infringe intellectual property rights of another party);
(c) Reasonably likely to cause harm or that could be reasonably considered as slanderous or libelous; or
(d) Breaches another party’s privacy.
10.1.13. The Client will not publish any content that is spam, is machine- or randomly generated and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites or to further unlawful acts or mislead recipients as to the source of the material.
11.1. In the event that any web services and/or Cybersite Materials offer the Client the opportunity to sell or purchase goods or services through websites hosted or designed by Cybersite (such goods and services “Commercial Products”), the Client acknowledges and agrees that Cybersite is merely providing the platform for buyers and sellers (and potential buyers and potential sellers) to negotiate and complete transactions for those Commercial Products. When a buyer purchases Commercial Products, payments will be processed through a third party service provider of Cybersite to which the buyer will be directed, which payment will be processed subject to the terms of service of that third party service provider. Cybersite will be not responsible in any manner any actions or omissions of that third party service provider. In addition, the Client must comply with the following rules:
11.1.1. The Client shall not offer or sell illegal or potentially illegal Commercial Products, including but not limited to counterfeited or pirated goods, stolen or fraudulent goods. Commercial Products sold using Cybersite’s web services must comply with all applicable laws.
11.1.2. The Client must not offer or sell Commercial Products that infringe or may infringe intellectual property or other proprietary rights of any other party.
11.1.3. The Client must not offer or sell Commercial Products that, in the opinion of Cybersite, are inappropriate, offensive, pornographic, sexually explicit or violent.
11.1.4. The Client must not offer or sell Commercial Products that are manufactured or may, in the opinion of Cybersite, be used as weapons or armory, including but not limited to firearms, restricted devices and ammunition.
11.1.5. The Client must not offer or sell Commercial Products that infringe upon or may infringe upon any individual’s privacy or may be libelous, slanderous or otherwise defamatory.
11.1.6. The Client must not use images or names of any third party when offering or selling Commercial Products without first obtaining that party’s permission.
Any violation of any of the rules aforesaid, or any other provisions in these Terms and Conditions, may result, at the absolute discretion of Cybersite, in immediate removal of any Client Materials.
12.1. Client must indemnify Cybersite, and its affiliates, directors, employees, agents and business partners and service providers (Relevant Parties) against all claims, damages, losses and liabilities resulting from the use of any web services of Cybersite and / or any Cybersite Materials, or any act or omission in the part of Relevant Parties in the breach of these Terms and Conditions.
12.2. Under no circumstances will Cybersite or any of the Relevant Parties be liable for any lost profits, revenue, business or anticipated savings, or other consequential, indirect or special damages of any kind even if such damages, losses, costs or expenses are caused wilfully, recklessly or negligently or otherwise communicated with Cybersite prior to the relevant incident.
13. Governing Laws
13.1. These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Singapore.
By commissioning the Website Design to Cybersite, it is deemed that the Client accepts the above mentioned Terms and Conditions. Cybersite reserves the right to change the above Terms and Conditions and all other parts of the above information without prior notice.
By agreeing to this, the Client acknowledges that it has been given the opportunity to provide / describe what are considered initial specifications and guidelines for the Web Design project. In any case where the Client elects not to answer or declines to provide details, Client is acknowledging a willful waiver of Client input, and give consent for the Designer to exercise full interpretation, being held blameless for any designs which may result, in the unfortunate event that the Client is not satisfied.