CYBACAT LTD WEB PROJECT & HOSTING TERMS & CONDITIONS

Definitions

"The company" & "we" means the business Cybacat Ltd for which this contract is agreed. "The client" & "your" means the organising company and/or organiser responsible for the commissioning of and payment for the project. The terms "maintaining, maintenance, updates or updating" shall be deemed as the updating of existing information, such a tariffs and products also special offers and solving any internet-related technical problems that may arise from the site. This does not cover any hardware problems, or software incompatibility that you may encounter with your equipment, or any site redesign or layout adjustment work. The term "hosting" shall be deemed as the reservation of web space for the client's domain name.

Charges and Payment

1.01.	On receipt of a signed Project Initialisation Document, we will issue an invoice for 50% of the total cost of the project. The project will not be started until this payment has been received.
1.02.	If the client requests that a design is submitted prior to releasing the 50% pre-payment, an invoice for either 10% of the total project cost, or £100.00 - whichever is the greater - will be issued and must be paid on receipt of the design. This charge will be deducted from the balance payment (see point 1.03.) and is non-refundable.
1.03.	In the event of payment becoming overdue, penalty payments of £25.00, per unpaid week, will be added to the maintenance cost for the second year.
1.04.	All projects will be considered as provisional until both the company and the client sign the Project Initialisation Document.
1.05.	The client must return the contract within 5 working days of the date of submission. If the company does not receive the contract within this period we reserve the right to suspend the web site until receipt.
1.06.	Activation of the Project Initialisation Document by the client, indicates their understanding that Cybacat Ltd will manage the new site for a minimum term of 2 years from the official launch date.
1.07.	In the unfortunate circumstances that the project has to be cancelled prior to launch, none of the pre-payment will be returned.

Hosting Contract

2.01.	The contract will be between Cybacat Ltd and the client, individual signatures will represent the two businesses.
2.02.	It is technically impracticable to provide a fault free service and Cybacat Ltd does not undertake to do so. Cybacat Ltd will however use their best efforts to procure the repair of any reported faults as soon as we reasonably can. The hosting may be suspended occasionally for operational reasons such as repair or improvement of the hosting service or because of an emergency.
2.03.	Cybacat Ltd will not be held liable for any loss of turnover, sales, revenue, profits or indirect, consequential or special loss due to any temporary suspension in hosting service or failure of client systems. We will, however, endeavour to ensure speedy recovery of such services that are within our immediate control.
2.04.	All queries and fault reports must be directed to Cybacat Ltd via e-mail to support@cybacat.com, by phone on either 0870 835 4447 or 0770 220 6825.
2.05.	If the client has used Cybacat Ltd as the registrant for the domain name(s) it/they will remain under the control of Cybacat Ltd until such time as you wish cancel your web site, or change hosts (see below for cancellation of hosting contract).
2.06.	If the client has used Cybacat Ltd as the registrant for the domain name(s) Cybacat Ltd will automatically renew the registration unless informed otherwise by the client in writing. Domain registrations are initiated/extended for a minimum period of 2 years at a time.
2.07.	Cybacat Ltd must receive full payment prior to any new contract period. An invoice will be submitted one month prior to your renewal date. Failure to pay on time can result in e-mail facilities being suspended in the first instance and could result in the site being removed from the Internet completely.
2.08.	The annual hosting fee may be subject to change with prior notice.
2.09.	The hosting contract is issued on a "rolling term" basis, that is to say it will be automatically renewed and invoiced at the beginning of each 12 month period unless cancelled by the client in writing no less than 30 days before the last day of the current contracted period (see Cancellation of Hosting Contract below).
2.10.	In order to ensure network availability a limit of 50 (fifty) megabytes of hard drive space is provided for the hosting of the client's website and all related services including, but not limited to, databases and logs. Should this limit be exceeded Cybacat Ltd reserves the right to charge an additional fee to provide extra space.
2.11.	In order to ensure network availability a limit is placed on the level of data transferred both to and from the server. This limit is 10,000 (ten thousand) megabytes per month, per web hosting agreement. Should this limit be exceeded Cybacat Ltd reserves the right to charge an additional fee to provide extra space.

Cancellation of Hosting Contract

3.01.	If the contract is cancelled mid-term, there will be no refund of monies already paid, if the client account is in arrears at the time of cancellation 100% of outstanding monies is required within 7 days of cancellation.
3.02.	In addition, should the cancellation be within or at the end of the first year of a new site contract (see point 1.06.), the second year's maintenance fee will be charged. If the domain IPS tag is to be changed away from Cybacat Ltd, there will be an administration charge that must be paid prior to the tag being transferred - details of this charge will be given upon request.

General

4.01.	If the client wishes the company to link details with another web site, the company will not accept responsibility for the reliable functionality of such information.
4.02.	Prices quoted exclude VAT unless otherwise specified. This shall be at the rate prevailing when the Project Initialisation Document was prepared and is subject to alteration should the rate change.
4.03.	The client is responsible for the submission of all web site content unless otherwise stated. The company shall not be held responsible if the site is not completed by the completion date due to the lack of information supplied by the client.
4.04.	Should the client add features to the site project after the initial 50% pre-payment invoice has been submitted, the additional costs will be included in the balance payment invoice.