ACCEPTANCE OF TERMS
KubeSyn provides products, Services and Consultation (collectively, hereinafter referred to as “SERVICES”) subject to any customer’s or buyer’s (hereafter referred to as “CLIENT”) acceptance of and compliance with the Terms and Conditions (hereinafter referred to as “Terms”) and the terms and conditions of the Service Level Assurance Agreement (hereafter referred to as “SLA”) outlined below:
The Terms of the Agreement will commence on the date the Client enrolled for our Services and will end when terminated by either party in accordance with the Terms and SLA.
KubeSyn has the authority to use its identifying mark that might come in the form of Logo, Design, URL or any types of brand identity to all websites produced from here and it will come into force without any consent of its customers or clients.
DESCRIPTION OF SERVICE:
KubeSyn may provide Client with one or more services, included but not limited to, following: Website Design & Development and affiliated products/services, Internet Marketing, Mobile Application Development, Content Development, and/ or Maintenance and Support Services. Unless explicitly stated otherwise, any new feature that augments or enhances the Services shall be considered to be part of the Services. KubeSyn reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, nonpayment, or unwanted delay from the client, at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold BPD or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
KubeSyn will carry out work only where an agreement is provided either by email, telephone, mail or fax. KubeSyn will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between KubeSyn and the client, this includes telephone and email agreements.
OUR FEES AND DEPOSITS
A 50% deposit 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 50% 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.
The 50% 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.
CANCELLATION & REFUND POLICY:
All amounts owed by the client to Kubesyn for Services rendered prior to the verified cancellation date must be paid in full. There will be no prorating for partial months throughout the Agreement. Due to account security and privacy concerns, all billing related questions and cancellation requests MUST be made in writing or via email.
Cancellation requests will only be processed if made by the initial authorizing party and if received in writing. There will be no refunds of any monies for any cancellation requests made after the cooling-off period of 3 (three) days from the date of order. For security and training purposes, all calls, inbound and outbound, made through Kubesyn corporate offices may digitally be recorded and the recordings form a part of the verbal contract between Kubesyn and the client.
Any cancellations done after the cooling-off period by the client, for any reason, will lead to a full payment of the agreed price and immediate termination of the contract, unless otherwise mutually agreed between Kubesyn and the Client.
Client agrees to pay Kubesyn the service fee, for any Program or Service Client enrolls in, pursuant to the terms of the Payment Plan Client selected, including without limitation, all applicable taxes, if any, in accordance with the billing terms in effect at the time the service fee becomes payable. Client expressly understands, acknowledges and hereby authorizes Kubesyn to automatically charge Client’s credit card or debit Client’s bank account once a month or one time as per the Program requirement.
Client will be charged as soon as they sign up over the phone. Kubesyn also reserves the right to pursue alternative means of payment up to and including debt collection services and the customer shall be liable for all collection costs, including without limitation, attorneys’ fees.
As Kubesyn provides a bill-through service for sponsored listings, the company takes a significant credit risk for each and every Client. Therefore, the Client is responsible to maintain an active and valid payment method on file at all times. If for any reason, Client’s payment method is not available, BPD reserves the right to immediately and temporarily turn off the website, pay-per-click ads, sponsored listings and ongoing or then-current production, reporting, or support Services being provided to account. If the payment is not received, BPD reserves the right to terminate the Agreement in full and retain ownership of the website, or other Services until such time the account has been paid in full. All Term Commitment Terminations will result in an escalation of all fees owed under the Terms of the Agreement. Many clients maintain multiple forms of payment on file to prevent this from occurring. Representations and Warranties Client represents, warrants and covenants that (i) Client has sufficient authority to enter into the Agreement; (ii) Client is a business, not a consumer, and that Client’s use of kubesyn services is solely for lawful commercial and business purposes; (iii) Client has the necessary rights to provide all information provided under the Agreement for use as described in the Agreement.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with an 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, 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.
ACCESS TO INFORMATION:
To access Kubesyn Servies or Kubesyn Websites Client may be asked to provide certain registration details or other information. By accepting these terms & conditions, the Client hereby acknowledges that all the information provided by the Client will be correct, current, and complete. If Kubesyn believes the information that the Client has provided is not correct, current, or complete, KubeSyn has the right to refuse Client access to any Kubesyn Websites or Services or any of its resources, and to terminate or suspend Clients account at any time.
Calls may be recorded for training and quality purposes.
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
Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be chargeable.
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 appointed from your side and be made available on a daily basis in order to expedite the feedback process.
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 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-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 the50% balance of the project price will become.
If you reject any of our work within the 7-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 7-day review period, we will invoice you for the 50% balance of the project.
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 trademarks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
CHANGES TO WEBSITE:
KubeSyn hereby declares that The Company has the sole right to change or remove the website (temporarily or permanently) or any part of it at any time, without notice. KubeSyn shall not be liable to anyone (Client, third-party vendor or user) for any such changes or removal.
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
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.