Terms & Conditions
These Terms and Conditions (“Agreement”) govern the use of the services (“Services”) provided by Cyberorama (“Company,” “we,” “us,” or “our”) for web application development. By accessing or using our web development services, you (“Client,” “you,” or “your”) agree to comply with and be bound by these terms.
1. Services Provided
Cyberorama provides web application development services, including but not limited to:
- Custom web application design and development.
- Integration with third-party APIs.
- Database design and development.
- Maintenance and support for web applications.
The scope of work will be defined in the Project Agreement or Service Contract, which will be signed separately by both parties.
2. Client Responsibilities
The Client agrees to provide:
- Accurate and complete information as required for the project.
- Timely feedback and approvals.
- Access to necessary third-party accounts, databases, or services if needed for the development process.
- Compliance with all relevant laws, including intellectual property rights.
Failure to provide necessary information or approvals may delay the project timeline, and we will not be responsible for such delays.
3. Payment Terms
- Fees: The Client agrees to pay Cyberorama the agreed-upon fees for the services rendered as per the terms set out in the Project Agreement.
- Invoices: Invoices will be issued as per the payment milestones or schedule outlined in the Project Agreement.
- Late Payments: Late payments may result in a delay of services or suspension of work. A late fee may be applied as per the terms in the Project Agreement.
4. Intellectual Property
- Ownership: Upon full payment, the Client will own the rights to the web application and its related assets (e.g., source code, design, and databases) developed by Cyberorama, subject to any third-party licenses or restrictions.
- License: Cyberorama retains the right to use certain non-confidential portions of the work (such as code snippets, design elements) for promotional or portfolio purposes, unless otherwise agreed upon in writing.
5. Confidentiality
Both parties agree to maintain confidentiality regarding any proprietary or confidential information shared during the course of the project. This obligation shall survive the termination of the Agreement.
6. Warranties and Disclaimers
Cyberorama will perform services with reasonable skill and care but does not guarantee that the web application will be error-free, uninterrupted, or meet all Client expectations. The Client acknowledges that no system can be fully secure and that Cyberorama does not provide any guarantees regarding security.
7. Limitation of Liability
In no event shall Cyberorama be liable for any indirect, incidental, special, or consequential damages arising out of the development, use, or inability to use the web application, even if we have been advised of the possibility of such damages. Our total liability shall be limited to the amount paid by the Client for the services provided.
8. Termination
Either party may terminate this Agreement with written notice under the following conditions:
- Client Termination: The Client may terminate if Cyberorama fails to deliver the agreed-upon services or deliverables within the specified timeframe, subject to the notice and cure period.
- Cyberorama Termination: Cyberorama may terminate if the Client fails to meet payment obligations or breaches any material term of this Agreement.
In the event of termination, the Client will be invoiced for all completed work up to the termination date.
9. Indemnification
The Client agrees to indemnify and hold harmless Cyberorama, its employees, contractors, and affiliates from any claims, damages, or liabilities arising from the Client’s use of the web application, including violations of intellectual property rights, data protection laws, or any other applicable regulations.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in [Location].
11. Amendments
Cyberorama reserves the right to modify or amend these Terms and Conditions at any time. Clients will be notified of any changes, and continued use of the services will constitute acceptance of the updated Terms.
12. Force Majeure
Cyberorama will not be held liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, strikes, government actions, or technical failures.
13. Severability
If any provision of this Agreement is deemed invalid or unenforceable by a court of law, the remaining provisions will remain in full force and effect.
14. Entire Agreement
These Terms and Conditions, together with any signed Project Agreements, constitute the entire agreement between the parties regarding the services and supersede any prior agreements or understandings, whether written or oral.
