TERMS AND CONDITIONS

By visiting this website, you acknowledge that you:

– Have read these Terms and Conditions

– Understand these Terms and Conditions and

– Accept and agree to be bound by them.

The following assumptions have been made regarding your project, which will affect proposal items including but not limited to: the cost estimate, deliverables, production schedule and project staffing.

  • The work will be performed at the developer’s office, or other CYBERPINECONE designated developer’s office.
  • No delays will be caused by unavailability of the client’s technical and functional resources to review documents, provide answers to questions, and participate in meetings, training sessions, and testing activities. If the client is unresponsive and feedback is not provided, then CYBERPINECONE has the right to terminate the project upon notice.
  • The production of the website will be deemed completed upon launching the site on the Internet (Live) and making it accessible for the world to view. The final payment is due before the launch of the website project.
  • “Changes to Scope of Work” Clause: The fees quoted are only “estimates” based on our assessment of the amount of time this project will take. We hold the client accountable for any additional work that may result. Client shall be responsible for making additional payments for changes necessitated by Client revisions and/or additions following Client’s approval (other than for CYBERPINECONE’s error) and will be billed additionally at the standard billable rate of $100/hour.
  • In the event of your cancellation of this project, or any delay of more than one month in responding to CYBERPINECONE’s request for information or review/approval of proofs, CYBERPINECONE will have the option of terminating this agreement, and invoicing you for the greater of: (1) all work completed up to the date of written notification, including expenses, at the rate of $100 per hour or such other rate as shall be specified in this agreement; or (2) the amount of any advance deposit made for this project. Any renewal of this project after termination will require a new agreement, fee schedule and upfront deposit.”
  • Termination. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice.  This Agreement may be terminated by CYBERPINECONE (I) immediately if Customer fails to pay any fees hereunder; or (II) if Customer fails to cooperate with Company or hinders Company’s ability to perform the Services here-under at CYBERPINECONE’s full discretion.
  • Client will retain all intellectual property rights of source material (e.g. design, code, copy, photography) provided to CYBERPINECONE for use in connection with this project; however, Web content, design and other work product created by Consultant and similar products and materials will remain the property and copyright of CYBERPINECONE until all fees under this agreement have been paid in full.
  • It is the client’s responsibility to verify and or sign off on the production and testing of the web site within 30 business days of CYBERPINECONE notification of completion.
  • Stock Photography: if requested by client, CYBERPINECONE will provide research and assistance on stock photography to be used in designing the website or other web base and marketing applications. Cost per photo starts at $30 and up depending on size and popularity. Providing additional photos will be billed on time and material basis.
  • Project Timeline: is the actual development/design time needed to complete a project. The timeline is dependent on immediate and consolidated feedback from the client on all design and development deliverables. If feedback is delayed, the project timeline may also be significantly delayed.
  • CYBERPINECONE cannot guarantee or promise any placement in search engines.
  • Client will provide all site content once homepage layout is approved. CYBERPINECONE will fill any page on the website with “Lorem Ipsum” to properly show the page layout until real content is established. Text will be delivered to CYBERPINECONE in MS Word, Company Logo as an .EPS or .PNG or high-resolution .JPG file and pictures if any as .JPG files.
  • Client acknowledges that CYBERPINECONE does not launch websites on Fridays or days before a holiday.
  • Client acknowledges that CYBERPINECONE will only fix any bug related issues post launch for a period of 90 days after the official live date. If the client makes any changes to the website code or hosts on servers other than CYBERPINECONE ‘s approved servers that results in a website issue and/or vulnerability, CYBERPINECONE will not be made responsible to fix the bug without receiving compensation for time and materials.
  • Web Design Contract Cancellation: A non-refundable deposit is due at the time of the contract signing. Cancellation of any web design project by either party will result in a refund to the client of all fees paid beyond the deposit amount, minus the amount already incurred in the development of the project by the date of cancellation. Web design cancellation refunds will be processed and delivered within 15-30 business days of the cancellation date.
  • If CYBERPINECONE ceases operations, files for bankruptcy protection, is the subject of the appointment of a receiver, or for any other reason, ceases to control CYBERPINECONE before the work on this contract is complete, all related work product shall be immediately delivered to Client and the contract shall be cancelled forthwith, without further recourse or payment.
  • In the event CYBERPINECONE wishes to subcontract any of the work related to this Agreement, Client must be notified of the subcontract before work on it begins and must approve of the subcontractor, and the subcontractor must agree to be bound by the terms of this Agreement as fully as CYBERPINECONE.
  • Indemnity: Customer shall indemnify and hold harmless CYBERPINECONE (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by CYBERPINECONE as a result of any claim, judgment, or adjudication against CYBERPINECONE related to or arising from CYBERPINECONE’s work.
  • Customer and CYBERPINECONE agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Houston County, Georgia and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Georgia sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Georgia or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
  • Read and Understood: Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.
  • Duly Authorized Representative: If this Agreement is executed then each Party warrants that their representative whose signature appears on such signature pages is the duly authorized by all necessary and appropriate corporate actions to execute this Agreement.

The Term “Confidential Information” Means:

All information disclosed by Client to CYBERPINECONE in oral, written, graphic, recorded, photographic, machine-readable, or any other form related to or in connection with the website, including, without limitation, business plans, financial statements, trade secrets, customer information, existing or potential transactions with third parties, intellectual property rights, products, research and development, operations, website function, marketing, sales, pricing and trade know-how whether or not such information is marked or labeled “Confidential” or “Proprietary”; and

All information disclosed by Client to CYBERPINECONE in oral, written, graphic, recorded, photographic, machine-readable, or any other form related to or in connection with any actual, potential, or proposed arrangement, relationship, business opportunity, or transaction between Client and any third party whether or not such information is marked or labeled “Confidential” or “Proprietary.”

Confidential Information will be kept strictly confidential by CYBERPINECONE. In no event will CYBERPINECONE use the Confidential Information of Client for any purpose other than maintaining the website. No other rights, including, without limitation, licenses, trademarks, inventions, copyrights, patents, or any other intellectual property rights are implied or granted under this Agreement or by the conveyance of Confidential Information between the Parties. This Section shall survive the termination of this Agreement.

Each Party agrees that the term “Confidential Information” does not include information that:

·        has been or becomes published or is now or is in the future in the public domain through no action of CYBERPINECONE;

·        prior to disclosure under this Agreement, is within the legitimate possession of CYBERPINECONE, as evidenced by competent written proof;

·        was or becomes available to CYBERPINECONE on a non-confidential basis from a third party not otherwise known to CYBERPINECONE to be prohibited from transmitting the information to CYBERPINECONE;

·        is independently developed or acquired by CYBERPINECONE without use of or recourse to the Confidential Information;

·        is disclosed with the prior written approval of Client; or

·        is transmitted to CYBERPINECONE after Client has received written notice from CYBERPINECONE­­­­ that it does not desire to receive further Confidential Information or that it is terminating this Agreement.

Further Clarifications:

Additional services come at additional fees, on a fee for service basis or on an hourly rate. If clients require additional services, the correspondent fee is added to their invoice and they are charged accordingly.

Delays in project completion may occur when:

       There is a delay in any payments

       The client requests further changes in the design, structure, or content of the project

       The client purchases an additional service related to the project

       There is a delay in the receipt of any materials from the client.

       Time frame estimates are approximate only and subject to change at any time at CYBERPINECONE’S discretion. At any time, and its whole discretion, CYBERPINECONE may decide to put the project on hold.

All of our services are 100% satisfaction guaranteed. We don’t stop working until our clients are completely satisfied with their solution. That is our commitment. However,  CYBERPINECONE will under no circumstances be held responsible to satisfy unreasonable expectations or request CYBERPINECONE’s discretion to decide whether or not a request or an expectation is reasonable or lies within the scope of offer of services to its client. As an example, if the client purchases a certain service, but in order to be fully satisfied, CYBERPINECONE judges that an additional service is necessary, then it is no longer CYBERPINECONE’s responsibility or commitment to satisfy the client. In other words, CYBERPINECONE guarantees 100% satisfaction within the framework of its original agreement with the client, according to CYBERPINECONE’s understanding.

Services or part of services (i.e. elements of a project) that have been approved by the client are considered as services with which the client is 100% satisfied. Any further work on these services (elements of the project) will be invoiced accordingly.

About this Site

*All prices appearing on this site are subject to change without notice. These prices are solely informative and CYBERPINECONE is not necessarily committed to them for your project. To receive a free quote for your project, please call us at 1-800-507-8806 or request a quote on our website.

* Promotional offers are not cumulative.

*All the pictures shown in this website are solely representative.

Web Design Projects

*CYBERPINECONE doesn’t assume any responsibility or liability for the content of the websites it designs and/or hosts. CYBERPINECONE has no control over any information, materials, or products found thereon. CYBERPINECONE doesn’t serve as consultant for its clients, and they are entirely responsible for all that is found in their websites.

* Because of the nature of web design and programming work, websites always appear differently on different computers. Screen resolution, operating system, and browsing software are just a few examples of variables that may affect the way a website looks. The client must be aware of these possible variations and CYBERPINECONE will not be held responsible for them.

No refund policy for Digital Marketing

Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, CYBERPINECONE abides by a strict, no refund policy for Digital Marketing. By accepting these Terms, You agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website.

No Warranties

By accepting these Terms, You agree and understand that We provides seminars and business coaching services only and guarantee no specific results. You acknowledge that We make no promise or representation that You will make a certain amount of money, or any money, or that you will not lose money, as a result of using these services.

Any earnings, revenue, or income statements viewable on this Website or our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. As with any business, Your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary. There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure.

In accepting these Terms, You acknowledge that you take full responsibility for your own success.

In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages.

As such the services, content and all downloadable software are distributed as an “as is” basis without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantabilty or fitness for a particular purpose. You hereby acknowledge that use of the services is at your own risk.

Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

Intellectual Property Statement

The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by CYBERPINECONE llc., or the party credited as the provider of the content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.

By accepting these Terms, You further acknowledge and agree that We and Our third party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.

Except Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by US. These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

Amendments

These Terms and Conditions may be amended by us at any time and without notice, but only by amending this Policy as posted on this Website. Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented.

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