Terms & Conditions
By using our Services, you are agreeing to these terms. Please read them carefully.
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions and apply to all contracts and all work undertaken by Cubebox Solutions for its clients.
2. OUR FEES AND DEPOSITS
An upfront deposit(15-50%) of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining milestones shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
Upfront deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials within 30 days after such request, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Default maximum rounds of revisions: 2 per project unless specified.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at an hourly rate (minimum 1 hour per session).
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. RESTART FEE
Our ability to complete a project on time depends on everyone's ability to stick to a timeline. If a project pauses for more than 10 business days, we charge a Restart Fee to pick up where we left off. We create a reasonable timeline together, and we all agree to follow it.
If client deadlines are more than 10 business days late, the Restart Fee will be sent, and work will be commenced once that fee is deposited. We take our project deadlines seriously, and our clients need to have the same level of commitment to their projects for it to run smoothly and be successful.
7. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 30 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 30-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the balance of the project price will become due.
8. REJECTED WORK
If you reject any of our work within the 30-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 30-day review period, the balance payment is immediately due and liable to be paid by client.
10. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications/mobile applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website/mobile applications.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website/mobile applications.
12. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Cubebox Solutions under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
16. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the transport fees, commuting expenses, Internet bandwidth, technical staff on-standby (online/onsite), service taxes, real credit card transaction (for testing purpose), communication expenses, purchase of templates, third party software, hardware, networking, cabling, installation, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf upon your request when you reimburse us for any expenses that we have incurred. For accurate domain name expiration time, please check via public ICANN WHOIS Records. Hosting and domain name expiration time may differ by +/- 2 days. It is best to make renewal payment earlier than the expiry date to avoid potential service downtime.
19. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Brunei Darussalam. You and Cubebox Solutions submit to the non-exclusive jurisdiction of the courts in and of Brunei Darussalam in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
20. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “WordPress”, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
21. PARTNER/REFERRAL COMMISSION
Cubebox Solutions rewards our referral with commission incentives for first purchase of our service. Financial transactions will be processed in the local BND currency. Referrals are only eligible for credit if the first purchase occur within 90 days of the first communication with Cubebox Solutions. Eligible Payouts can be withdrawn via local Brunei cheque/bank transfer (within 30 days upon request) or used as voucher in the next invoice upon request. We reserve the right to decide in our sole discretion whether or not your use of the referral program complies with any applicable laws and agreements. If we decide that you have not complied, we can, based on our reasonable discretion withhold your referral earnings and may disable and terminate your referral account. NOTE: If a user has communicated with Cubebox Solutions before or has an existing customer account with us, you will not be eligible for any earnings from this referral. Fraudulent activity will result in immediate account termination. You agree that you and your referrals will not defraud or abuse (or attempt to defraud or abuse) Cubebox Solutions.