Terms & Conditions
The following terms and conditions apply to all website development / design / copywriting / hosting services provided by Cyber Sushi Design Limited to you, the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Cyber Sushi Design Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Cyber Sushi Design Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all services require an advance payment of a minimum of thirty (30) percent of the project quotation total before the work on the project commences. A stage payment of a minimum of thirty (30) percent of the project total can be requested at any stage of the project if Cyber Sushi Design Limited see fit to issue, with the outstanding percentage of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Cyber Sushi Design Limited and sent to Cyber Sushi Design Limited, Beacon House, Ibstone Road, Stokenchurch, Buckinghamshire, HP14 3WN. Bank details will be made available on invoices.
- Client Review
Cyber Sushi Design Limited will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Cyber Sushi Design Limited otherwise within ten (10) days of the date the materials are made available to the Client. This is also the point at which the client should test any functionality before the site goes live. It is the client’s responsibility to make sure the site is functioning as it should before the site goes live.
- Turnaround Time and Content Control
Cyber Sushi Design Limited will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at a date agreed with the Client upon Cyber Sushi Design Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by Cyber Sushi Design Limited.
In return, the Client agrees to delegate a single individual as a primary contact to aid Cyber Sushi Design Limited with progressing the commission in a satisfactory and expedient manner.
During the project, Cyber Sushi Design Limited will require the Client to provide website content; text, images, movies and sound files.
- Failure to provide required website content:
Cyber Sushi Design Limited is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us on 01494 356 771 or email email@example.com if you need clarification on this.
Using our content management system you are able to keep your content up-to-date yourself.
Invoices will be provided by Cyber Sushi Design Limited upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Payments are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
- Additional Expenses
Client agrees to reimburse Cyber Sushi Design Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
- Web Browsers
Cyber Sushi Design Limited makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Cyber Sushi Design Limited cannot guarantee correct functionality with all browser software across different operating systems.
Cyber Sushi Design Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Cyber Sushi Design Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Cyber Sushi Design Limited’s Web space, Cyber Sushi Design Limited will, at its discretion, remove all such material from its web space. Cyber Sushi Design Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Cyber Sushi Design Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Cyber Sushi Design Limited in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Cyber Sushi Design Limited services may be used for lawful purposes only. You agree to indemnify and hold Cyber Sushi Design Limited harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Cyber Sushi Design Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Cyber Sushi Design Limited permission and rights for use of the same and agrees to indemnify and hold harmless Cyber Sushi Design Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Cyber Sushi Design Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Cyber Sushi Design Limited to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
- Design Credit
A link to Cyber Sushi Design Limited will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Cyber Sushi Design Limited’s portfolio.
- Access Requirements
If the Client’s website is to be installed on a third-party server, Cyber Sushi Design Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post-Placement Alterations
Cyber Sushi Design Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
- Domain Names
Cyber Sushi Design Limited may purchase domain names on behalf of the Client. Payment and renewal of those domain names will be invoiced to the Client annually. If payment is not made on request by the renewal date the loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Cyber Sushi Design Limited.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
- Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Cyber Sushi Design will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
- Governing Law
This Agreement shall be governed by English Law.
Cyber Sushi Design Limited hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Cyber Sushi Design Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
SEO & Internet Marketing Terms & Conditions
- All fees are non-refundable.
- Cyber Sushi Design Ltd has no control over the policies and ranking algorithms of search engines with respect to the type of sites and/or content that they accept now or in the future. A Client’s website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.
- Due to the competitiveness of some keywords/phrases, on-going changes in search engine ranking algorithms and other competitive factors, Cyber Sushi Design Ltd does not guarantee No.1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
- Cyber Sushi Design Ltd assumes no liability for ranking, traffic, indexing issues related to penalties. Consequently, the Client understands that ranking new websites is much more difficult than ranking old and established sites and should not have unrealistic expectations about rankings, traffic and revenues.
- A new website may get a temporary boost in ranking for some targeted keywords for a few days before the website settles down to its real place. This is known as ‘new site boost effect’ and it is quite common. Consequently the Client understands that a new site has not really got top rankings within a month and soon it will revert down to its actual position.
- Occasionally, search engines will drop listings for no apparent reason. Often, the listing will reappear without any additional SEO efforts. This happens because of on-going changes in the ranking algorithm. A websites search engine ranking can fluctuate any day due to any changes made by the competitors.
- Cyber Sushi Design Ltd makes no guarantee/warranty of project timeline or added expenses (like charging additional fees, etc.) if:-
- The Client fails to resolve Cyber Sushi Design Ltd queries on time.
- Makes delays in providing required access, documents, permissions or any support for Search Engine Optimisation purpose.
- Fails to make necessary changes to the website as and when advised by Cyber Sushi Design Ltd for carrying out the Search Engine Optimisation services.
- There is a server outage for prolonged time on the Client’s site.
- SEO work is destroyed either wholly or in parts, either knowingly or unknowingly by any party without the prior consultation of Cyber Sushi Design Ltd. SEO work is considered to be destroyed either wholly or in parts if the following changes (but not limited to) are made to a website by any party other than Cyber Sushi Design Ltd or without first consulting Cyber Sushi Design Ltd:
- Changes in the file(s) or folder(s) name.
- Putting a file in a different folder or putting a folder in another folder or sub domain.
- Making changes in the head section of a document like changing the text in the title tag, removing certain HTML tags required for site authentication.
- Deleting a link, folder, file, web document or sub domain.
- Modifying text on a web document like changing the formatting of the text or repositioning the text.
- Removing analytics code from the web page which is used to track website traffic.
- Linking out to any website without prior consultation of the Cyber Sushi Design Ltd
- Adding a file, folder, web document, widget or any functionality.
- Renaming URLs of existing web documents.
- Taking down the website or part of the website.
- Renaming, re-locating, adding or removing any file, folder or sub domain on a web server including web documents, robots.txt, .htacess file, sitemap.xml, rss.xml, etc.
- Changes in the site architecture
- Changes in the anchor text
- Making any changes on an optimised web page
- Uploading a new website to the domain.
- Duplicating content either on the website or releasing it online through other websites.
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