CyberStrategies, Inc. Internet, Web Development and Engineering Sevice Agreement
Effective May 15, 2014
changes are in green.
CyberStrategies, Inc. provides its Internet and Engineering services, to users who pay a monthly service fee to subscribe to hosting services, pay for software engineering services, or both. By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and any other applicable policies/agreements. In addition to these direct clients, certain clients may re-sell our services, in accordance with a Professional Web Developer (PWDA) Agreement to third parties. These PWDAs are obliged to ensure that their clients comply with this Service Agreement and its successors. Additionally, PWDAs should provide contact information for a point of contact (name, phone and email address) for each of their clients that use our services. CyberStrategies, Inc. will use this information only to verify that the person requesting support is in fact authorized to do so and to alert all our clients, direct and indirect, of critical events. Failure to provide this information may prevent CyberStrategies, Inc. personnel from providing emergency support to your clients.
In return, CyberStrategies, Inc. will make a best effort to provide the services agreed to. At no time will CyberStrategies, Inc. be liable for the activities of a third party.
- CyberStrategies, Inc. will provide invoices either electronically or via the billing information provided by the client (see payment section) including the terms of payment. Regularly scheduled services (e.g., basic hosting) will be invoiced at least 15 days prior to the commencement of the service. A client is obligated to contact CyberStrategies, Inc. if this invoice is not received.
- Overages and other unanticipated charges will be invoiced during the month after they were incurred.
- Fixed price contract work will be invoiced at the beginning of the contract, but payment will be expect as agreed. Work outside of scope will be invoiced at either the standard rates (see below) or as agreed in advance. Invoices and payments will be issued either periodically or at the end of the work depending on the length of the project and the amount of work involved.
- Clients can use our Work Order Management System (WOMS) to view the services CyberStrategies, Inc. is contracted to provide, track work on existing projects as well as the amount of support they have incurred that month. Hosted clients can use the Site Management System to determine the status of any overage or other work in progress. Non-hosted clients should contact CyberStrategies, Inc. to obtain access to WOMS.
- Clients must (i) provide CyberStrategies, Inc. with accurate and complete billing information including legal name, address, telephone number, and billing contact, and (ii) report to CyberStrategies, Inc. all changes to this information within thirty (30) days of the change. Clients are responsible for any charges to their account.Clients having questions regarding charges to an account should contact accounting at (909) 920-9154, ext. 103. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
- Charges are invoiced by mail or billed to clients' credit cards as applicable, each month for the basic service and any additional usage or services. CyberStrategies, Inc. is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by CyberStrategies, Inc.. Clients must pay the balance shown on an invoice by check even if a fixed amount is charged to a credit card. If requested in advance, CyberStrategies, Inc. will bill these balances to your credit card.
- If a client is billed periodically by credit/debit card, and the card is replaced for any reason (e.g., the old card expired, it was lost), the client must call the new information into the accounting department within two business days. Please note: even if the card number is the same, if the expiration date we have on file is no longer valid, the card will be declined.
- A non-sufficient funds (NSF) fee will be assessed if the client's card is declined twice. The amount of the original invoice and NSF fee will be due before the next billing cycle. If a client's card is declined again within six months of the first NSF, you will be ineligible for credit card billing, and you will have to pay the additional check transaction fee of $5 per billing cycle. If you contact us in advance of the periodic billing date (currently the 1st of each month) we may waive some of these fees and instead charge you our costs (currently 50¢ per declination plus a $5 handling fee). NSF charges will be waived in cases of theft/misplacement, provided we are notified within two business days of the loss.
- If a client converts their payment option from the credit card to the check and then are later approved to return to credit card billing, there may be a $50 re-installment fee.
- If paying by check, payments are due in full on the first day of the month in which the hosting services are provided, or by the due date specified on the current invoice. A late fee of $25 or 5% of the unpaid balance, whichever is greater, will be assessed for any unpaid amount. Payments will always be applied to the earliest non-disputed amount still owed, even if this results in the latest invoice incurring a penalty; unless a specific invoice is specified. If a specific invoice is specified it will be applied to that invoice which may cause a late fee for the prior unpaid invoice(s). For web site clients, any late unpaid invoices greater than 45 days may result in the web site being restricted/disabled by CyberStrategies, Inc. until the past due account, late fees, and a re-activation fee of $50 is paid in full. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service and payment of all charges relieves you of your obligation to pay the monthly account charge. If you default you will be assessed a one time administrative fee of 5% of the unpaid balance or $100 whichever is greater. Further, if you default any late fees which we waived based on promise of payment will become due. Delinquent accounts may be suspended or canceled at CyberStrategies, Inc.'s sole discretion; however, charges will continue to accrue until the account is canceled. In the event of cancellation due to non-payment, all rights to any software developed/provided by CyberStrategies, Inc. will revert to CyberStrategies, Inc..
- If a discount has been applied to your account (e.g., for credit card payment, 6 month commitment) and your account stops qualifying for the discount (e.g., switching to check payment, early termination request), you will be liable for the difference in charges for the remaining period (e.g., a client on a 6 month plan who leaves after 3 months would owe 3 times the difference between the three and six month's monthly charges). Clients leaving before three months will owe for the balance of the full three months charges. This is to recover the embedded costs in site setup which are waived in exchange for the long term commitment.
- If you pay for Services through a prepayment plan, monthly billing described above shall only apply to the charges not paid for through the prepayment plan.
- CyberStrategies, Inc. Hosting, Web Development and Engineering Service Costs:
Standard Charge are effective immediately:
- Engineering and/or web design for hourly rate: $100 or as agreed.
- Emergency Engineering/web design hourly rate: Standard rate + 25%
You will be notified at the time you request if the service requested would be charged at this rate if the work is unscheduled or must be done outside of normal business hours. If the work is done outside of normal business hours you will be notified if the normal rate applies.
- Pre-paid Engineering/web design (repair/routine changes only) hourly rate: $80. This is in addition to the the amount of time built into the basic hosting packages.
- Overage on contracted disk usage per MB/mo: $0.02
- Pre-paid disk usage:$0.01 per MB/mo.
- Overage on bandwidth usage per MB/mo. $0.04
- Pre-paid bandwidth usage per MB/mo. ($1 minimum): $0.012
- Direct clients can add/remove email "boxes" no charge when done through Manage Site interface, but this may affect disk usage.
- Hourly charges are added for the month for each engineer and then rounded up to the next whole 15 minites.
- Additional client requirements may be negotiated under a separate contract.
- Password Protection.
- Upon registration, Clients receive a user name, password, and account designation. You and clients of your business are the only authorized users of your CyberStrategies, Inc. account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account.
- You must notify CyberStrategies, Inc. immediately upon discovering any unauthorized use of your account. Usernames, passwords and email addresses are CyberStrategies, Inc.'s property and CyberStrategies, Inc. may alter or replace them at any time.
- The failure to properly guard your passwords (including accessing our services from an infected computer) which result in unauthorized access and/or usage of our service will result in engineering charges and may require us to temporarily block access to your services until we are assured that the source of the compromize has been eliminated. We reserve the right to use our best judgement in these instances as there may not be time to contact you when we notice the issue.
- Certain functions (e.g., email box creation and maintenance allow you to set your own passwords. You are solely responsible for any damage, direct or indirect caused by choosing weak or non-unique passwords.
- Disclaimer of Warranties and Limitation of Liability
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY CyberStrategies, Inc., CyberStrategies, Inc. DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET.
The Services are Provided on an "As Is" and "As Available" basis CyberStrategies, Inc. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CyberStrategies, Inc. MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH CyberStrategies, Inc. OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY CyberStrategies, Inc. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. CyberStrategies, Inc. AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, CyberStrategies, Inc.'S CUMULATIVE LIABILITY TO ANY CLIENT FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
- Software License
CyberStrategies, Inc. grants to each Client a limited, nonexclusive, nontransferable and non-assignable license to install and use the CyberStrategies, Inc. designed software scripts (including software from third-party vendors that CyberStrategies, Inc. distributes; in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Client agrees to use the scripts solely in conjunction with the Services and for no other purpose. CyberStrategies, Inc. may modify the scripts at any time, for any reason, and without providing notice of such modification to a Client.The CyberStrategies, Inc. developed scripts and programs constitute confidential and proprietary information of CyberStrategies, Inc. and CyberStrategies, Inc.'s licensees and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with CyberStrategies, Inc. and CyberStrategies, Inc.'s licensees. Client shall not translate, decompile, reverse engineer, distribute, re-market, or otherwise dispose of the Licensed Programs or any part thereof.
- Term of Agreement:
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a client, to terminate your account.
- Termination of Agreement: You may terminate your account at any time and for any reason by providing a 15-day notice of intent to terminate to CyberStrategies, Inc. by mail, return receipt requested recommended, addressed to
112 Harvard Ave. #88
Claremont, CA 91711
Sections 2, 7, 8, and 12 of this Agreement shall survive termination of this Agreement.
JurisdictionUnder California Civil Code Section 1789.3, Clients or Visitors who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 916.445.1254.
- Other Activities
Any activity whether lawful or unlawful, which is determined by CyberStrategies, Inc. to be harmful to it's subscribers, operation, or reputation will considered a violation of this agreement. Examples of violations include, using the services of another provider but channeling such activities through a CyberStrategies, Inc. account for back end services, or using an associated mail account as a mail drop for responses. In general, our services are to support those web sites you host on our servers. You may contract with us for special services, and as long as those services are within your contract they will not be considered a violation of this agreement.
- Policy Revisions
CyberStrategies, Inc. reserves the right to amend, alter, or modify this Policy at any time, and in any manner. Any amendment, alteration, or modification is effective immediately after reflecting on CyberStrategies, Inc.'s Web site. If time permits, you will be notified electronically that a change has occurred.
CyberStrategies, Inc. Service Agreement
© 2014 CyberStrategies, Inc.