These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Cube Creative Design for its clients.
PROFESSIONAL SERVICES
We will perform all actions that, according to our judgment, are necessary to complete the projects outlined in this agreement and any other subsequently executed Statement of Work.
OUR FEES AND DEPOSITS
For project-based engagements, you will be invoiced for all fees outlined in each project’s proposal. For retainer engagements you will be invoiced at the beginning of each calendar month for the services to be provided (pay in advance).
WEB HOSTING
Web hosting provided by Cube Creative Design includes security updates for websites built by Cube Creative Design for content management systems used in original designs.
BACKUPS
You are responsible for maintaining your own backups for 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.
SOFTWARE & CONTENT UPDATES
Unless an annual maintenance plan has been purchased, content updates will be charged at the standard hourly rate. Cube Creative DOES NOT guarantee your website will continue to operate as designed after 60 days of final payment. Cube Creative Design may be contracted to perform maintenance operations to repair any altered website code, template, or plugins and bill at the current hourly rate.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
When you reimburse us for any expenses we have incurred, we will supply you with account credentials for domain name registration and/or web hosting that we purchased on your behalf.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work by 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 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.
VARIATIONS
We are pleased to offer you the opportunity to revise the design. However, we have the right to limit the number of design proposals to a reasonable amount. If you change the original design specification, we may charge for additional designs.
Our website development phase is flexible and allows certain variations to the original specification. However, any significant deviation from the specifications will be charged $100.00 per hour.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full cooperation and complete and final content in photography for the work pages. During development, a certain amount of feedback is required to progress to subsequent phases. To expedite the feedback process, a single point of contact must be appointed from your side and made available on a daily basis.
APPROVAL OF WORK
Upon 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 seven days of such notification. Any work that has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed 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 unless other payment schedules have been created.
REJECTED WORK
If you reject any of our work within the 7-day review period or do 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 rejecting the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
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 copies, 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.
Proprietary Rights:
Original Work: Except as may be specified elsewhere in this agreement or where we otherwise notify you in writing before beginning any work, all work we provide will be wholly original.
Open-Source and Licensed Software: We may use and incorporate open-source and licensed software into the work we will provide you. If we use licensed software in the work we provide to you, we will take all necessary actions to assign you the required licenses. If we are unable to assign the licenses to you, we will work with you to obtain (at your expense) the required licenses.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
LICENSING
Once you have paid us in full for our work, we will grant you a license to use the website and its related software and contents for the duration of the website's existence. Software requiring annual subscriptions will be available as long as Cube Creative hosts the site.
AI-Generated Content
- We may use AI technologies in content creation.
- Upon full payment, the client owns all rights to final deliverables, including AI-generated content.
- AI models and algorithms remain the property of their respective owners.
- We strive for quality but cannot guarantee that AI-generated content is entirely free from similarities to existing works.
- The client agrees to indemnify us against claims arising from the use of AI-generated content.
- The client is responsible for reviewing deliverables and ensuring they meet their needs and comply with applicable laws.
- We will maintain the confidentiality of client data used in AI content generation.
SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practices.
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.
DISCLAIMER
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 Cube Creative Design 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.
ESTIMATES NOT BINDING
Because of the unique nature of what we do, except in simple matters, it is usually impossible to foresee how much time and expense will be involved in completing a particular project. Any estimates or budgets we project are subject to adjusting as circumstances change, so they are not binding.
SUBCONTRACTORS
We may engage subcontractors to perform portions of our services or work. We will not engage a subcontractor to perform our services or work for you without the subcontractor agreeing in writing that all services performed by the subcontractor are on a “work made for hire” basis and are wholly owned by us. To the extent any element created by the subcontractor does not constitute a “work made for hire” under applicable law, the subcontractor assigns all elements the subcontractor creates to us. We will remain solely responsible to you for all work performed by any subcontractor and for the payment of all subcontractors. Furthermore, we agree that any payment or fee payable to a subcontractor is included in our costs and expenses under this agreement.
NON-DISCLOSURE
We (and any subcontractors we engage) agree not to disclose your confidential information to any third party at any time, as long as there is a mutually signed NDA agreement.
ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses that do not form part of our proposal, including, but not limited to, the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting, or comparable expenses.
CROSS-BROWSER COMPATIBILITY
By using current versions of well-supported content management systems such as Joomla!, we endeavor to ensure that the websites we create are compatible with all 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.
E-COMMERCE
You are responsible for complying with all relevant laws relating to e-commerce and, to the full extent permitted by law, will hold harmless, protect, and defend and indemnify Cube Creative and its subcontractors from any claim, penalty, tax, tariff loss, or damage arising from your or your client’s use of Internet electronic commerce.
TERMINATION
You may terminate our services anytime by informing us of your decision. You will still be obligated to pay for all services rendered and expenses incurred on your behalf up to the time of termination, as well as any fees or expenses that are reasonably necessary afterward. We may terminate our engagement by giving you at least 30 days’ notice.
JURISDICTION AND VENUE FOR DISPUTES
Any legal action or proceeding arising out of or relating to this agreement must be brought in the Superior, State, or Magistrate Court of Buncombe County, North Carolina, or the United States District Court for the Western District of North Carolina. Each party consents to the personal jurisdiction of these courts and waives any claim or defense based on any alleged lack of jurisdiction, improper venue, forum non conveniens, or any similar basis.
ENTIRE AGREEMENT
This agreement supersedes any prior written or oral agreements between us and contains our entire agreement. This agreement may be modified only by written agreement. No promises have been made to you other than those stated in this agreement.