Terms & Conditions

By accepting an electronic signing of a proposal for Cybertel services, you are agreeing to the following Terms and Conditions for respective services. 

Cybertel Telecom Pty Ltd., “us” “we” “our” “ours” (hereinafter referred to as Cybertel) ABN 20 114 904 835 will provide you, our Customer, with the Services in accordance with these terms and conditions and where relevant, the applicable charges notified to you from time to time, the Application for Service once accepted by us, the Customer’s Consent, the Authority for Transfer of Telecommunications Services (“Agreement”).

REFERRAL PROGRAM

Earn $20 credit per service for business referrals and $10 credit per service for private individual referrals!

Cybertel’s referral program rewards you for referring friends, family and business associates, by way of credits on your account. For each service referred to Cybertel, we will reward by way of a credit of $20 per service for a business and $10 per service for a private individual. So, a referral of an average small business, with 3 fixed lines, a website, 2 mobiles, a 1300 number and an ADSL internet connection, 8 services, will attract a credit of $160. The average business referral to date is 5 services, or $100. The credit is applied on the third month anniversary of the services being “churned” to Cybertel. You can refer as many as you like, as often as you like.

Why not bring more of your own services to Cybertel? If you have a website or a mobile or a 1300 service with another provider, the $20 per service credit applies to your own services.

Average referral is 5 services, = $100 Credit on your account.

1 PROVISION OF SERVICES

1.1 General: Cybertel will provide you with local, national, fixed-to-mobile and international long distance services and services of any kind which Cybertel may agree to provide you from time to time (“Services”). Cybertel will provide the services using our own facilities and services or those of other carriers; telecommunications service providers or equipment suppliers (“supplier”).

1.2 Variations: Cybertel may, without reference to you, change any other supplier or its products, or lower our charges at any time and upon 30 days written notice to you vary the Services, increase the charges or otherwise vary these terms. At any time, you may obtain an up to date copy of this agreement by contacting Cybertel by telephone, email or accessing the Cybertel Website.

1.3 Savings: The savings that Cybertel is able to make for you through the provision of its services may change from time to time depending on changed circumstances with respect to suppliers.

2 CHARGES AND PAYMENT FOR SERVICES

2.1 Cybertel’s charges may include:

• call connection charges
• per minute charges
• disconnection and reconnection charges and early termination fees
• untimed charges
• Direct Debit Request (DDR) charges
• dishonour fees and late payment charges
• credit card and BPay payment fees
• phone rental charges
• installation charges
• service and equipment charges.

Current charges for services are available on request by calling 1300 763 201, or by accessing www.cybertel.net.au.

2.2 Unless specifically stated, all charges are net of all discounts.

2.3 Cybertel may offer rebates or call credits in conjunction with specific products offered to certain customers. The value of the rebate or call credits will be determined in accordance with standard criteria and provided as part of the agreement of sale.

2.4 Any discounts offered may be adjusted on a pro-rata basis if your monthly spend falls below the amount agreed on your application form.

2.5 All Cybertel service tariffs and charges are subject to change without notice, however, Cybertel will endevour to provide 30 days written notice via email, of any changes to tariffs and charges.

2.6 If in any product a standard rebate or credit is given, and the amount of the rebate or credit exceeds the billed amount, then the excess of the rebate or credit shall be forfeited.

2.7 Cybertel’s records are sufficient evidence of the amount payable unless shown to be incorrect.

2.8 Invoicing: Cybertel will usually invoice you monthly for the Services in accordance with our current charges. Cybertel may vary invoice frequency.

2.9 Method of Billing: Cybertel will bill you in advance for connection, service fees periodic charges and in arrears for usage charges (where applicable).

2.10 Method of Payment: Various methods of payment are available as indicated on the bill. Some methods of payment will attract a charge.

– A $1.50 bank transaction fee applies to all BPAY transactions

– A $0.99 bank transaction fee applies to all Bank Direct Debit transactions

– A $0.50 bank transaction fee applies to all Credit Card transactions

– A 2.2% surcharge applies to ALL Visa and Mastercard transactions

– A 4.4% surcharge applies to ALL Diners and American Express transactions

2.11 Time for payment: All charges must be paid on or before the Payment Due date as indicated on the bill. Payments received later than the Due Date will be charged a late payment fee. If in any product covered in 2.5 payment is made after the Payment Due date, the rebate or credit will be forfeited.

2.12 Late Billing: Charges arising from transactions that have occurred prior to the period covered in any specific billing period will be due and payable upon presentation of invoice in accordance with clause 2.10.

2.13 Charges from other suppliers: Our charges to you may pass on any changes in other suppliers’ charges to us (including increases, specials or one-off charges) and will be payable in accordance with clause 2.11.

2.14 Other Charges: You will pay us in accordance with clause 2.1 any charge which any other supplier or other person renders to us:
(a) because you approach that other supplier or person directly, or otherwise than through us; or
(b) for connection or initiation of any Service or for cancellation of any Service; or
(c) for any changes in other suppliers’ charges to us (including increases and specials or one-off charges).

2.15 Suspension of Services: Cybertel reserves the right to suspend provision of Services to you, where charges owing to us or any amount owing remain outstanding after 60 days, unless Cybertel have received written notice from you of a bona fide dispute of those charges.

2.16 Dishonoured cheques: Cybertel reserves the right to terminate the Agreement without notice to you in the event that:
(a) you have not paid amounts owing to us in accordance with clause 2.11 and 2.15; and
(b) a cheque provided by you in payment of that invoice is dishonoured without a valid explanation being provided by you.

2.17 Unclaimed Amounts: In the event that your account is terminated and monies are owed to you by Cybertel, we will notify you of these amounts. In the event you do not claim those monies within 3 months of being notified, Cybertel will retain the money and you agree that you will have no further claim in relation to these monies.

2.18 Security Bond: Cybertel may from time to time require you to lodge a security bond as a condition of us providing Services to you. You authorise us to deduct from that bond any amounts remaining owing to us after 30 days after date of invoice. After 6 months of on time payment of our invoices, Cybertel may either refund the bond or credit your account.

2.19 Taxes: The charges set out in this agreement are inclusive of all State and Commonwealth taxes with the exception of the GST and any stamp duty or transaction duty on this agreement and any related interest, expense, fine, penalty or other charge related to these taxes.

2.20 Where Cybertel becomes liable to any penalties or interest as a result of the late payment of GST due to the Customer’s failure to comply with the terms of this agreement (including this clause), or the Customer’s obligations under the GST law, then an additional amount equal to those penalties and interest will be payable to Cybertel

3. PERIOD OF AGREEMENT

Commencement of Agreement: This Agreement starts on the date the Application for Service is signed by both parties and continues until terminated.

3.2 Commencement of Services: The provision of Services commences when:
(a) your accounts are transferred from your name to ours by your current supplier or;
(b) pre selection has been activated
(c) upon completion of installation of any necessary equipment or
(d) upon completion of any configuration changes made to PABX or other equipment owned by you or
(e) any other arrangements with another supplier for the provision of the Services have been completed.

3.3 Minimum Period of Agreement: This agreement will be in force for
the length of time indicated on your Cybertel Agreement (only if Minimum Period of Agreement is applicable)

4 TRANSFER OF YOUR ACCOUNT TO US

4.1 Changing your Current Arrangements: If, in providing the Services, Cybertel needs to change your arrangements with your current supplier, then Cybertel will do so in accordance with this clause.

4.2 Transfer of services to Cybertel
(a) By signing this Agreement you appoint Cybertel to act as your agent and authorise us to sign on your behalf and in your name forms of authority to your current supplier to transfer your accounts into our name.
(b) You agree to give written instructions to your current supplier to transfer your accounts from your name to ours if Cybertel so request.
(c) You will immediately pay to your current supplier all amounts owing up to the time of transfer of your accounts to our name.

4.3 If your current supplier credits us with any amount concerning services provided before the date of transfer, Cybertel will credit that amount to your account.

4.4 If after your current supplier raises a proper charge relating to a service your current supplier provided to you before the commencement of Services under clause 3.2, Cybertel will advise you accordingly, and you must pay your current supplier that amount.

4.5 Cybertel will not accept any liability for any amounts owing by you to your current supplier for services, which your current supplier provided to you prior to the commencement of Services under clause 1.1

4.6 You must indemnify us against any claims made by your current supplier to us in relation to any such amounts.

5 TRANSFER OF YOUR ACCOUNT FROM US TO ANOTHER SUPPLIER

5.1 If in the future you transfer any of the Services to another supplier, then you remain responsible to us for the amount payable for the Services up to the time your Services are taken over by another supplier and tolling with Cybertel stops. You will immediately pay us the amount owing on receipt of our invoice.

5.2 The provision of our Services is deemed to have ceased when your newly appointed carrier, commences tolling all of your nominated services.

5.3 Cybertel will endeavour to bill you for those Services within the next normal billing period.

5.4 If, after that Cybertel become aware of other proper charges (including fees payable to any other supplier) for those Services up to the date of transfer, or Cybertel resolve any dispute so that any liability of ours relating to those Services is quantified, then you will immediately pay us all such amounts on receipt of our invoice.

5.5 Cybertel will credit you with any amount credited to us by another supplier for those Services up to the date of transfer of those accounts to another supplier.

6 CREDIT CHECK

6.1 Your personal information in our possession may be disclosed by us to a Credit Reporting Agency, and you consent to such disclosure.
6.2 You agree that a credit report which contains personal information concerning you may be given to us by any Credit Reporting Agency for the purpose of either assisting your application to us for commercial credit, or collecting payments that are overdue in respect of commercial credit provided to you by us.

6.3 You agree that Cybertel may disclose a credit report or other report relating to you and any personal information derived from that report, to any other credit provider for any of the following purposes, namely:
(a) the assessment by us or the other credit provider of your creditworthiness;
(b) the collection by us or the other credit provider of payments that are overdue; or
(c) the exchange of information between us and the other credit provider for the purposes referred to in sub-paragraphs (a) and (b).

7 YOUR COMPLIANCE

7.1 You will ensure that you comply at all times with all laws and obligations, including licence conditions, applicable to the Services and their use.
7.2 You will not use the Service to transmit or publish any material which is defamatory of any person, or any material in breach of copyright or any obligations of confidentiality, or otherwise in breach of any law, and you will indemnify us for any loss or expense Cybertel suffer as a result of you doing so.

8 USE OF CUSTOMER PREMISES SWITCH AND OR PROGRAMMING OF PABX

8.1 Installation and Programming of equipment: You will assist us in ensuring that any equipment necessary for you to receive the Services, is installed and programmed.
8.2 You will make access to your PABX available to us if applicable, prior to the commencement of the Services, or at any time during the provision of the Services, so that calls to destinations nominated by us from time to time are, so far as possible, switched by the PABX to the best services available.

9 EQUIPMENT CYBERTEL SUPPLY TO YOU

9.1 In any situation where Cybertel supplies equipment to you which is not sold to you then:
(a) that equipment always remains our property;
(b) you warrant that, to the extent possible under the terms of your occupation of the premises where the equipment is installed, you will allow us to and, where applicable, will ensure that the landlord allows us to, remove the equipment upon expiry or termination of the Agreement;
(c) you will not part with possession of the equipment except to us.

9.2 Cybertel may at any time, and from time to time, change the equipment referred to in clause 9.1 as Cybertel see fit.

9.3 You will allow us access to the equipment during your normal business hours (or at such other times as Cybertel arrange with you), and this right of access will not end until all equipment is returned to us, even if the Agreement has terminated in the meanwhile.

9.4 You will ensure that our equipment, and any other equipment, facilities and connections used in providing Services, are not altered, maintained, repaired or connected to or disconnected from any power source or line except by servicemen approved by us.

9.5 Electricity: You will make available an adequate power supply for the operation of any equipment used in the provision of Services.

9.6 Return: On the termination of this Agreement for any reason, you will immediately return all our equipment, or make it available for collection.

10 TERMINATION

10.1 Either of us may terminate the Agreement by giving 30 days written notice to the other unless the services or part thereof are subject to a Minimum Term / Minimum Spend arrangement, in which case an early termination charge will apply, by applying the following formula : No. months remaining (or part thereof) x stated Minimum Monthly Spend Amount x 50%.

10.2 Immediate Termination: Cybertel may terminate this agreement immediately by notice if:
(a) you have breached this Agreement, or
(b) a liquidator or receiver or receiver and manager or any other administrator of your business or assets is appointed or, you enter into any composition with your creditors.
(c) upon advice that your services have churned to another provider.

10.3 If Cybertel provide a Service for a particular term and Cybertel allow you a discount on payment over that term and you cancel this Agreement before that term ends, then you will be liable to pay the full undiscounted amount for the period which has elapsed and Cybertel will bill you for the amount of the discount allowed to you during the elapsed period on your next bill.

10.4 You remain liable for all charges payable under the Agreement in respect of Services up to the time of termination and you must pay all outstanding amounts immediately on receipt of our invoice.

10.5 Termination does not preclude any liability you have for payment for any services we provide up to the time when all of your services have been transferred.

11 SERVICE SUSPENSION

11.1 The Services may be suspended immediately (including without notice) where:
(a) the services of other carriers on which Cybertel depends require maintenance.
(b) there is a failure by you to pay any charges due to Cybertel.
(c) An event specified in clauses 10.1 to 10.4 occurs.
(d) Services will be suspended for a period of 30 days, after which Cybertel will cancel services.
(e) All data, including website content, for a further 90 day, Cybertel reserves the right to delete such data from it’s servers.

12 LIMITATION OF LIABILITY

12.1 Performance: Because the performance of some Services may be affected by your levels of use, the levels of use of other users and of facilities related to providing the Service, Cybertel do not warrant that Services will be free of congestion, delays or faults of this kind and Cybertel will not be responsible for any loss or damage to your business which may result.

12.2 Except as provided in clause 12.1, and subject to clause 12.3, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision by us of the Services are excluded, and Cybertel will not be under any other liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the Services.

12.3 Our liability for any breach of any term, condition, warranty or under any remedy implied by law (which cannot be excluded), will be limited at our option to the repair or re-supply of equipment or Services or the payment of the cost of having the equipment or Services re-supplied.

12.4 Cybertel has no liability to you or to any other person for:-
(a) acts or defaults of other suppliers, nor
(b) faults or defects in Services which are caused to any material extent by your own conduct or misuse, nor
(c) faults or defects that arise in telecommunication services not provided under this Agreement (even if they are connected with our consent to Services which Cybertel have arranged under this Agreement) which are due to incompatibility with the Services.
(d) faults or defects of equipment supplied by a linked third party in conjunction with the Services.
(e) loss of Services and/or Data during churn in or churn out process.
(f) Cybertel will use its best efforts to address and remedy complaints regarding churned accounts, but makes no guarantee whatsoever as to the time it takes to provide that remedy or the effectiveness of that .

13 FAULT REPORTING AND COMPLAINTS

13.1 Cybertel will attend to faults and complaints with your service during Australian Business Hours (EST). Customer service contact numbers can be found on your bill. Cybertel will handle all complaints in accordance with its Complaints Procedure, a copy of which will be supplied upon request.

13.2 Cybertel
(a) Is not responsible for any fault which is within the network of a supplier
(b) Will notify that supplier of the fault and request that the fault be corrected promptly
(c) Will report back to you as to status of the fault
(d) But Cybertel will bear no further liability or responsibility

14 CONFIDENTIALITY

14.1 Cybertel retain all intellectual property rights in any information relating to the Services, the design or operation of our network and other technical information relating to the provision of the Services (“Confidential Information’).

14.2 You will keep the Confidential Information confidential, and will not allow any written or electronically recorded material to be copied.

14.3 On the termination of this Agreement for any reason, you will return all Confidential Information to us. If you have destroyed these, or any of them, then you will give us a written declaration accordingly.

14.4 You will keep confidential the manner in which Cybertel arrange Services under this Agreement, including our charges and discounts, and other financial information. You will not use information which you acquire from us for any purpose unauthorised in writing by us or in any manner which may cause us loss, whether by way of damage to our reputation, financial loss or otherwise.

15 FORCE MAJEURE

15.1 Cybertel is not liable for:
(a) any delay in installing any service,
(b) any delay in correcting any fault in any service,
(c) failure or incorrect operation of any service, or
(d) any other default in performance under this agreement, if it is caused by any event reasonably beyond our control, including but not limited to war, plague, accident, act of god, industrial action, embargo, terrorist act, military coup, delay, failure or default by any other supplier.

16 ASSIGNMENT

16.1 You will not assign charge or otherwise deal with your rights under this Agreement except with our prior written consent.

17 GENERAL

17.1 Cybertel may give and receive from other supplier’s information about your account, including particulars of calls and call charges.

17.2 This agreement is governed by the laws of Queensland

17.3 This agreement contains the whole understanding between us to the exclusion of any prior or collateral agreement or understanding of any kind relating to the services.

17.4 You acknowledge that you enter into this agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in this Agreement.

17.5 You accordingly release us and each of our officers, agents and advisers from all claims, suits and demands of every kind (including negligence) arising from the relationship of the parties concerning this Agreement before it was signed, and from the negotiations leading to it.

17.6 The failure by either party to exercise any right or remedy under this Agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right or remedy, nor that party’s waiver of such right or remedy.

17.7 To the extent applicable, the Customer Service Guarantee applies to the provision of Services under this Agreement.

17.8 If a provision of this Standard Agreement is void, inapplicable or unenforceable or the invalid part severed, the remainder of this agreement will not be affected.

18 VARIATION

18.1 Subject to section 480 of the Telecommunications Act, Cybertel may vary any part of this agreement at any time.

19 PRIVACY ACT

19.1 By signing the customer application form you also agree that Cybertel may collect, use and disclose personal information about you, in accordance with the Privacy Act.

Website Development Terms and Conditions

GENERAL CONDITIONS

WEBSITE CONTENT

All website content must be supplied in an electronic format that can be opened and read using a standard PC.

STOCK IMAGES

1. Stock images are NOT INCLUDED as part of the website and therefore must be purchased individually if they are to be used.
2. Stock Images range in price from $5.00 to $10.00 each and can be purchased by Cybertel Telecom on behalf of the client.

SCANNING OF IMAGES

1. Scanning of Images is NOT INCLUDED in the project.
2. If the client wishes Cybertel Telecom to scan images on their behalf this will incur an additional cost of $5.50 per image

PROJECT SCHEDULE

We are able to start working on the project within 5 working days of the initial payment being made and estimate 2-3 weeks for the website to be completed from the start date.

PAYMENT TERMS

50% payment is payable upon ACCEPTANCE of this agreement

50% payment is payable at the COMPLETION of the project

All invoices will be emailed to a nominated account payable email address.

TERMS & CONDITIONS

1. Text

The final text will be supplied by the Client. All content text shall be provided by the Client’s point of contact in Microsoft Word .doc or .RTF format. Submission can be made as:

• an email attachment; or
• USB Flash Drive, or
• Dropbox (preferred)

500 words or less per page approximate a standard web page. Web pages of more than 500 words of text may be subject to additional fees for increased formatting time. If the client does not supply the Developer with complete text and graphics content for all web pages contracted within two weeks of the date this contract was signed, the entire project may be put on hold or rescheduled until further notice from the Developer.

2. Mobile Responsiveness and Cross Browser Compatibility

Our agreement contemplates the creation of a website viewable by current versions of Mozilla Firefox, Microsoft Internet Explorer and Edge, Apple Safari and Google Chrome for Desktop PC and Laptop computers, as well as Smartphone and Tablet devices. Compatibility is defined herein as all critical elements of each page being viewable in all browsers and devices. The client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. The client is also aware that as new browser versions of Mozilla Firefox, Microsoft Internet Explorer and Edge, Apple Safari and Google Chrome, the new browser versions may not be backward compatible. In the absence of a Maintenance Agreement time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated.

3. Graphics Creation

It is anticipated that the Developer will receive from the Client all the graphic elements necessary to complete the Client’s website. This includes any ancillary images, animated graphics and banner advertisements. This also includes photography or scanning services as listed below. This contract does not contemplate, however, the creation of banner advertisements and animated images, explainer videos or infographics.

4. Scanning

This agreement contemplates scanning up to 5 images for the Client. If more than 5 images need to be scanned, the charge for each image will be $5.00 after the 5-image allowance has been reached.

5. Photography

Photography when necessary can be organised by the client or the Developer on behalf of the Client. If the latter is true the rate at which the Developer will charge the client will depend upon the nature of the work involved and will be quoted separately from the web site project.

6. Client Amends

Developer prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of the Developer’s business. To that end, we encourage input from the Client during the design process. The Developer understands, however, that Clients may request significant design changes to pages that have already been built to the Client’s specification. To that end, please note that our agreement does not include a provision for “significant page modification” or creation of additional pages in excess of our agreed page maximum. If significant page modification is requested after a page has been built to the Client’s specification, we must count it as an additional page and charge accordingly

Some examples of significant page modification at the request of the Client include but not limited to:

• Developing a new structure to accommodate a substantial redesign at the Client’s request.
• Recreating or significantly modifying the company logo graphic at the Client’s request.
• Creating a new navigation structure or changing the link graphics at the Client’s request.
• Creating and installing additional graphics and images at the Client’s request.

Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be intricately involved in the design of each page are encouraged to negotiate an agreement which exceeds the allowable consultation time for the project.

If significant page modification is requested by the Client after the page maximum has been reached the charge will be $27.50 for every 15 minutes that the developer spends on the modification of each page. Moderate changes, however, will always be covered during our development of the site.

7. Maintenance Arrangements

Maintenance Agreements are negotiated on a Client by Client basis as each Client will have differing needs. The Developer offers a maintenance agreement in which the client pays on an ‘as needed’ hourly basis. The rates will vary depending on the nature of the work involved.

8. Third Party or Client Page Modification

Some Clients will desire to independently edit or update their web pages manually (without the aid of a Content Management System) after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. This is always an option for Clients of the Developer.

Note, however, that if the Client or an agent of the Client other than the Developer attempts to update the website and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at a rate of $27.50 per 15 minutes. In this regard, Clients are encouraged to obtain a Maintenance Agreement.

9. Payment Terms / Work Flow

A minimum deposit of 50% of the total amount is required to commence work.

Once the first deposit is received by the Developer, work will be scheduled to commence to establish a basic site design & concept within 14 days and will be posted on the “staging domain” site for viewing and approval by the client.

Communication between the Developer and the Client is crucial during this phase to ensure that the ultimate publication will match the Client’s taste and needs.

Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design and structure by signing a printed copy of the design template and sitemap and faxing or mailing it to the developer. Once this acceptance is received from the Client, the work necessary to complete the project will begin.

Upon completion of the website, an e-mail invoice will be sent to the Client advising the Client that the work has been completed. Final payment of the remaining balance plus any additional charges must be paid to the Developer in order for the website to be published online.

If payment is not made within (14) days of the website being completed an additional charge of 10% of the final invoice may be charged to the Client.

If payment is not made within thirty (30) days of notification, simple interest will accrue on the balance owed at a rate of 20% from the date the 10% penalty was levied.

Most frequently, problems making timely payment are the result of poor communication channels in a company’s Accounting Department. If a payment delay is anticipated, please contact the Developer to discuss potential problems in advance. If problems are anticipated we may be able to accommodate an alternate arrangement.

10. Copy of Site

On request, the Developer will provide a copy of the Client’s website, deposited into Dropbox upon completion of the site. The copy can be a standard cPanel Backup format, and/or a WordPress Duplicator format.

11. Additional Expenses

Client agrees to reimburse the Developer for any additional expenses necessary for the completion of the project. Examples would be:

Purchase of specific fonts at the Client’s request

Purchase of specific photography at the Client’s request

Purchase of specific software or plugins at the Client’s request

12. Copyrights and Trademarks

The Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

13. Limited Liability

Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, racial or religious vilification, violations of privacy, computer viruses, harassment, any illegal activity, spamming advocacy of an illegal activity, and any infringement policy.

Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that the Developer will not publish information over the Internet which may be used by another party to harm another. The Developer will also not develop a pornography or otherwise unethical website for the Client. The Developer reserves the right to determine what is and is not unethical content.

14. Nondisclosure

The Developer, its employees, and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Developer to another party.

15. Indemnification

Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees associated with the Developer’s development of the Client’s website. This includes Liabilities asserted against the Developer, its subcontractors, its agents, its clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns.

The client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s website. This includes infringing upon on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

16. Ownership to Web Pages and Graphics

Copyright to the finished assembled work of web pages produced by the Developer and graphics shall be vested with the Client upon final payment for the project. This ownership is to include design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project.

17. Design Credit

Client agrees that the Developer may put a by-line on the bottom of their web pages for establishing design and development credit. The client also agrees that the website created for the Client may be included in the Developer’s portfolio.

17. Cancellation

Cancellation of the project at the request of the Client must be made by a certified letter. In the event that work is postponed or cancelled at the request of the Client by certified letter, the Developer shall have the right to retain the original 50% deposit. In the event, this amount is not sufficient to cover the Developer for time and expenses already invested in the project additional payment will be due with the rate calculated at $27.50per 15 minute block. If additional payment is due, this will be billed to the Client within 10 days of notification via certified letter to stop work. Final payment will be expected under the same terms as listed in Article 9 above.

18. Client Delays

In the event that work is delayed by the client for a period of 14 days or more from the Developers last submittal for content or review, the Developer shall have the right to retain the original 50% deposit and charge the client for the work that has already been completed on the project. Payment will be expected under the same terms as listed in Article 9 above.

19. Refund Policy

Payments may be paid by cash, credit card, or bank transfer. In some cases, a deposit of 50% of the total estimate is required to begin work as per the project contract and supporting documents.

All money paid are refundable within 7 days in full as long as Cybertel Telecom has not performed any services. In the event that Cybertel Telecom has, in good faith, begun website design and/or any other services then the services earned will be deducted from the refund amount – the balance of which will be returned to the client. In all cases, no refunds are issued after the 7 day period. This is agreed upon with payment of any deposits/estimates/invoices.

20. Entire Understanding

These Terms and Conditions constitute an agreement between the Developer and the Client regarding this project. It becomes effective when signed by the client. The client warrants that they have read, understand and agree to the terms set forth in this agreement.

20 ADSL2+ UNLIMITED ACCESS – ACCEPTABLE USE POLICY

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