Terms And Conditions
By using ‘Cygni Solutions LLC’, and signing up as a Client, you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use the ‘Cygni Solutions LLC’ services. ‘Cygni Solutions LLC’ may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. In these Terms and Conditions, ‘Cygni Solutions LLC’, the ‘Cygni Solutions LLC’ service, all services related to it, and all text, images, photographs, user interface, “look” and “feel”, data and other content included in it from time to time (including, without limitation, the selection, coordination, and arrangement of such content) are referred to as the “Web Site” or “Service”. Cygni Solutions is a registered trademark of Cygni Solutions LLC.
• ‘Cygni Solutions LLC’ and the Customer hereby agree to the following terms and conditions with respect to the provisions by CygniSolutions.com to the Customer of services which are identified and/or described in the service agreement attached to these terms and conditions.
• The Customer will be provided with the Service according to the Packages chosen by the Customer as detailed on the ‘Cygni Solutions LLC’ website. Customer’s Designs will be created iteratively through a Design process of Creative Briefing-Basic Concepts-Feedback-Revision Stage-Feedback-Revision Stage, ultimately resulting in a final Design conforming to Customer’s Creative Briefing and Feedbacks.
• Creative Briefing and Designs. The Customer is solely responsible for preparing and sending detailed answers to our logo’s specification briefing (“Creative Briefing, through the Order Form”). ‘Cygni Solutions LLC’ is under no obligation to review a Creative Briefing for further Feedbacks for any purpose, including accuracy, completeness of information, quality or clarity. ‘Cygni Solutions LLC’ may decide, in its sole discretion, to deny a Creative or Revision Briefing or Feedback.
• When ‘Cygni Solutions LLC’ provides a set of Designs to the Customer, the Customer shall review and respond. If the Customer fails to promptly inform ‘Cygni Solutions LLC’ that the provided Designs are not reasonably responsive to the provided Feedback, the Customer will be deemed to have accepted the Designs. If the Customer notifies ‘Cygni Solutions LLC’ that the Customers considers a Design as not reasonably responsive to the Feedback, the Customer shall provide information regarding amendments or modification to be made to the initial Designs. After providing his feedback, the Customer will be provided a subsequent Response that conforms with the additional criteria requested by the Customer.
• Revision stages. Revisions generally consist of 2-6 additional compositions that incorporate changes requested by the Customer in the Revision Brief. The purpose of the revision process is to create designs that move forward in a specific direction as determined by the Customer. Best Seller, No Compromise and LDT-Special Packages offer Unlimited Revisions.
• Payment: The Customer ordering for any of the available services must pay for the Service in advance, by any of the payment methods provided by ‘Cygni Solutions LLC’. The Customers will be charged for the Package(s) selected. ‘Cygni Solutions LLC’ will email the Customer a receipt for the transactions in which the Customer is involved and provide the Customer with all the information necessary to start the design process.
• Refunds: If the Customer is not satisfied with the Basic Concepts (in Best Seller and No Compromise Package) provided by ‘Cygni Solutions LLC’, Client may request a refund by completing the Refund Request form which will be provided to the Customer upon request. Upon timely receipt of the completed form, ‘Cygni Solutions LLC’ will refund the total payment made by the Customer.
Acceptance of such refund shall constitute the Customer’s sole and exclusive remedy with respect to such basic concepts. Should the Customer receive such refund, Customer acknowledges that it will have no right (express or implied) to use any Basic concept or other work product, content, or media, nor any ownership interest in or to the same.
The refund policy will not take effect:
• If you have already confirmed or approved the acceptance of a design, we cannot provide a refund. Your approval represents an acceptance of the final project and serves as an implicit statement of satisfaction.
• If you have failed to communicate with us for more than forty-five days, any refunds will be at the discretion of Cygni Solutions LLC management.
• If the company for whom the design was performed should close, change its name, or undergo other alterations rendering a design ill-fitting, we cannot issue a refund.
• If you purchased a “Special Offer” that does not constitute one of our standard packages as advertised.
• Once you have taken final delivery.
Web Design Services:
• If you have already confirmed or approved the acceptance of design and we, have moved to the development stage.
• If the website has been made live as per your request, by uploading files on your web server.
• If the order is placed for a service/product like, Domain Name Registration, Web Hosting, Downloadable Software etc.
• If you have failed to communicate with us for more than forty-five days, any refunds will be at the discretion of Cygni Solutions LLC management.
• If the company for whom the design was being made closes, changes its name or undergoes other alterations rendering a design ill fitting, we cannot issue a refund.
• If you purchased a “Special Offer” that does not constitute one of our standard packages as advertised.
• Once you have taken final delivery.
• Project duration: The Customer agrees to provide timely responses to ‘Cygni Solutions LLC’ after receiving status notifications from ‘Cygni Solutions LLC’. The Customer shall have 15 days to respond to each set of designs sent to the Customer for review. If after 15 days the Customer has failed to respond, ‘Cygni Solutions LLC’ will assume the Project complete and the Project shall be deemed to be complete. At such time, ‘Cygni Solutions LLC’ shall will have no further obligation to the Customer, and the Customer shall pay ‘Cygni Solutions LLC’ all fees and expenses associated with work performed by ‘Cygni Solutions LLC’. In rare cases, if the customer feels that it may take him more than 15 days to respond then he is requested to inform ‘Cygni Solutions LLC’ accordingly, so that ‘Cygni Solutions LLC’ keeps the project in active state.
• Holiday dates: We work 8.30am until 6pm between Monday and Friday. We remain closed on Saturdays and Sundays. During the following dates service will not be available: 12/24; 12/25; 12/31; 01/01. Any other Special Holiday Dates, if any, will be published on the website – atleast 7 days in advance.
• Authorisation to Use: Permitted Uses. You may access and use the Service solely in accordance with the Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Customer. Any use of the Web Site is at your sole risk and responsibility. Subject to the Terms and Conditions, you may (i) display the Web Site on an internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute “fair use” under Canadian, United States, United Kingdom, and International copyright law, print copies of insubstantial portions of the Web Site. Except as expressly authorized by the foregoing sentence and as otherwise permitted herein, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this website are copyrighted as a collective work under the Canadian, United States, United Kingdom, and International copyright laws. This material may not be published, broadcast, rewritten or redistributed in whole or part without the express written permission of ‘Cygni Solutions LLC’. Unauthorised commercial or private use of this material is subject to criminal prosecution.
• Prohibited Uses Generally: You are required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from ‘Cygni Solutions LLC’. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (i) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Customer; (ii) delete or revise any material or other information of any other user or ‘Cygni Solutions LLC’; (iii) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any activity being conducted on; (v) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from ‘Cygni Solutions LLC’ on this Web Site or those generally available to third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Web Site; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part ofthe header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. ‘Cygni Solutions LLC’ will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. ‘Cygni Solutions LLC’ reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. ‘Cygni Solutions LLC’ will take commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
• Operation of Web Site: ‘Cygni Solutions LLC’ shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. ‘Cygni Solutions LLC’ reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although ‘Cygni Solutions LLC’ intends to use commercially reasonable efforts to make the Web Site and Service accessible, ‘Cygni Solutions LLC’ makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability. ‘Cygni Solutions LLC’ may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. ‘Cygni Solutions LLC’ shall not be responsible for any loss, cost, damage or liability that may result.
Responsibility for Content, Other Representations, Warranties and Covenants
• ‘Cygni Solutions LLC’ shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, ‘Cygni Solutions LLC’ makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation), any Creative Brief, Revision brief, Term Sheet, Response or User Identity (as defined hereafter) that are communicated through, or posted to, the Service, whether by Members, Customers, ‘Cygni Solutions LLC’ or otherwise, nor does ‘Cygni Solutions LLC’ endorse any opinions expressed by any user of the Web Site, including any Member or Customer. Without limiting the foregoing, ‘Cygni Solutions LLC’ makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to this Agreement. Customer acknowledge that any reliance on information or other material, including, without limitation, any Service, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site will be at your own risk. Without limiting the foregoing, each Customer agrees and acknowledges that it uses each Response at its own risk and that it is responsible for taking any actions it deems reasonable to determine whether its use of a Response will infringe any third party intellectual property, privacy or publicity rights.
Ownership, Rights to Use
• Web Site and Service Generally: Except as expressly contemplated under this Agreement, as between ‘Cygni Solutions LLC’ and the Customer, ‘Cygni Solutions LLC’ will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the full extent provided under Canadian and United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, of ‘Cygni Solutions LLC’, including “‘Cygni Solutions LLC'”, without the prior written consent of Cygni Solutions LLC. who may agree or refuse in its sole discretion for each such request.
• Rights of CygniSolutions.com: The Customer grants ‘Cygni Solutions LLC’ and its mother company a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, the designs provided by ‘Cygni Solutions LLC’, for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Customer with the Service and the designs.
• Rights of the Customer: Subject to the Customer’s compliance with the terms and conditions of this Agreement, the Customer shall own the final design provided to the Customer by ‘Cygni Solutions LLC’ hereunder. The Customer shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to ‘Cygni Solutions LLC’. The customer acknowledges and hereby grants to ‘Cygni Solutions LLC’ the right to use Creative and Revision Briefs, as well as individual designs provided to the Customer, for internal and filing purposes, and in order to display and promote the ‘Cygni Solutions LLC’ Service. The Customer acknowledges that his rights under this Agreement shall be limited solely to the final design chosen by him and that no trade or service marks in or to such final design is being conveyed under this Agreement. The Customer acknowledges that ‘Cygni Solutions LLC’ shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of the provided compositions.
Until final design is approved as per standard contract with ‘Cygni Solutions LLC’, all logos, artwork, concepts and designs remain the copyright and exclusive property of ‘Cygni Solutions LLC’. This material may not be reproduced in any other way without the prior written consent of Cygni Solutions LLC. or our agents. of Cygni Solutions LLC. reserves the right to utilize and/or reproduce any image, logo or illustration created by CygniSolutions.com, in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. By placing an order to ‘Cygni Solutions LLC’, you agree and consent to these terms and conditions.
Accordingly, the Customer is encouraged to perform its own independent searches with regard to the designs provided by ‘Cygni Solutions LLC’. Furthermore, The Customer acknowledges that ‘Cygni Solutions LLC’ shall have no responsibility or obligation of any kind to assist the Customer in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall ‘Cygni Solutions LLC’ be responsible in otherwise assisting the Customer in any way in the Customer’s perfection of the Customer’s rights in or to the designs.
Ownership (copyright and title) of the final artwork become the property of the Customer, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees. ‘Cygni Solutions LLC’ retains rights to display the artwork in its portfolio and advertising materials. Cygni Solutions LLC. retains the Copyright to all concepts, comprehensives, or other preliminary materials, which are not selected by the Customer or are not included into the final delivery.
CygniSolutions.com expects the Customer to perform researching on their company name to be sure the name is not already in use and securing a copyright, trademark or service mark to protect the Customer’s legal rights to any name or image. ‘Cygni Solutions LLC’ is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image. ‘Cygni Solutions LLC’ is not responsible for researching nor infringing any trademark violations that may or may not arise in our dealings with the Customer and his/her agents. All trademark matters are the full responsibility of the customer.
In case you order an exclusive right to the pre-made logo design, you will own all rights to the logo once you make full payment. Pre made designs are sold to the Customer from whom payment is first received. A pre-made logo with Exclusive Right once sold to a Customer will not be sold to another Customer.Licensing the font used in the logo (both Custom and Pre-Made) is the responsibility of the Customer.
CygniSolutions.com will hold your logo design files in our archives for 1 year from the time of ordering. This service is not guaranteed so it is advisable to keep safe your files once delivered. ‘Cygni Solutions LLC’ may charge a reasonable amount for re-supplying the logo or design files from our archives after the initial delivery.
Should the Customer require additional artwork beyond the scope of the ordered design service package (either concurrently with the logo project or at a later date), the Customer will be offered a Free Quote for the Additional Services. Additional work will be done after the Customer pays for the add-on services in advance.
Nondisclosure and Privacy
Disclaimers, Limitations of Liability
• The Service serves solely as a venue for the creation of work and CygniSolutions.com does not screen or censor any information or material posted to the Web Site. Although CygniSolutions.com makes commercially reasonable efforts to determine the identity of Customers, ‘Cygni Solutions LLC’ cannot and does not confirm that any Customer or other user is who they claim to be or that any Customer or other user has the qualifications he or she claims to have. Because CygniSolutions.com does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you release CygniSolutions.com (and our affiliates, agents and employees) from all claims, demands and damages (actual, consequential, direct, indirect, incidental, special and exemplary) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
• THE SERVICE AND THE RESPONSES ARE PROVIDED “AS IS.” CygniSolutions.com MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO THE CUSTOMER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT THAT MAY BE PROVIDED BY CygniSolutions.com.
• THE CUSTOMER ACCEPTS THAT THE ELECTRONIC DEVICES AND SOFTWARE USED BY THE CUSTOMER TO REVIEW THE DESIGNS PROVIDED BY CygniSolutions.com MAY DISTORT THE COLORS, SHAPES AND EFFECTS USED TO CREATE THE SAMPLES. CygniSolutions.com DISCLAIMS ANY WARRANTY RELATED TO THE ACCURACY OF THE OUTPUT DEVICES USED BY THE CUSTOMER -WHATEVER ITS NATURE- AND KEEP THE RIGHT TO STATE THE SPECIFICATIONS OF A GIVEN DESIGN BY USING STANDARD COLOR, MEASURE AND DESIGN CODES. THE CUSTOMER WILL ACCEPT THOSE SPECIFICATIONS AS THOSE CORRESPONDING TO THE CHOSEN DESIGN.
• CygniSolutions.com DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
• WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CygniSolutions.com DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, QUALITY OR OMISSIONS IN THE SERVICE, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY CygniSolutions.com OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANYOF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET THE CUSTOMER’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
• NEITHER CygniSolutions.com NOR ANY THIRD PARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS AND CONDITIONS OR APPLICABLE LAW, INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHER LAW.
• IN NO EVENT SHALL CygniSolutions.com OR ANY THIRD PARTY BE LIABLE TO YOU OR ANOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE PROVIDED BY CygniSolutions.com, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE DESIGNS PROVIDED BY CygniSolutions.com, EVEN IF CygniSolutions.com OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
• The liability of CygniSolutions.com will never ever exceed the amount paid for the project and this statement overwrites/overpowers any other conflicting clause whatsoever it might be.
Links to Third Party Services
• The Web Site may contain links to third party web sites or other services (the “Linked Content”). The Linked Content is not under the control of CygniSolutions.com and CygniSolutions.com is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. CygniSolutions.com is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by CygniSolutions.com of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
• Upon a request by CygniSolutions.com, you agree to defend, indemnify and hold harmless CygniSolutions.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions, and any expenses, including, without limitation, reasonable attorneys fees, incurred in connection therewith.
• CygniSolutions.com reserves the right, in its sole discretion, to terminate the Service, at any time, with or without notice. In the event of such termination, CygniSolutions.com will work with the Customer to determine the amount of any refund (if any) to be paid to the Customer as a result of such termination. Should the Customer’s use of the Service result from the Customer’s material breach of the terms and conditions of this Agreement, or any other agreement to which CygniSolutions.com and the Customer are a party, the Customer shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.
• These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings between you and CygniSolutions.com regarding the subject matter of these Terms and Conditions.
• If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions.
• If CygniSolutions.com and the Customer have need for legal recourse to settle any dispute the case will be handled by a court of law having jurisdiction over the CygniSolutions.com’s location i.e. Unites States Of America.
• Unless otherwise specified and/or credited all images, artwork, text and graphics, logos and logotypes, Flash animations of this site, manual and/or disk are the copyright and/or trademark of CygniSolutions.com All rights reserved. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the various owners. Any authorized reproduction of this material shall be reported to the original holder of said copyright or trademark.
• Licensed CygniSolutions.com Resellers and approved CygniSolutions.com Sales Associates may utilize certain images and/or text from CygniSolutions.com WebSite in their marketing materials, but any such reproduction is subject to prior written permission by CygniSolutions.com and subsequent approval of the usage of same. Any further usage of images, text and/or graphics from this web site is expressly forbidden. Images and text that have been previously approved for all licensed resellers are available directly from the limited access area of the ‘Cygni Solutions LLC’ web site.
WEBSITE DEVELOPMENT TERMS AND CONDITIONS:
The following Terms and Conditions document is a legal agreement between Cygni Solutions LLC, hereafter the Developer, and the Client for the purposes of website design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
2. Acceptance of Work
Quotations are valid for 30 days from the date of issue. When the Client places an order to purchase a website or website updates from the Developer, the order represents an offer to the Developer to purchase the website or website updates. No contract for the supply of services exists between Client and Developer until the Developer sends an invoice to the Client for payment. The invoice equals acceptance by the Developer (or third party developer) of the Client’s offer to purchase services from the Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether the Client receives the invoice.
Any other services on the order that have not been included in the invoice do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records. The Developer is liable to withdraw from the contract at any time prior to acceptance.
Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by the Developer on receipt of the specification. If the work is needed as part of an existing project, then this may affect the time scale and overall delivery time of the project.
If a functional specification and a set of testing criteria are included within the quotation, the Developer is responsible for fulfilling the testing criteria as the sole criteria for completion of the contract.
The Client agrees that the standard development platform (available upon request or at our website https://cygnisolutions.com/terms-and-conditions) is an agreeable platform for the development of the website and all acceptance testing will occur only on the standard development platform. The Client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work.
The Client agrees to provide any needed information and content required by the Developer in good time to enable the Developer to complete a design or website work as part of an agreed project.
Please note: the client has the sole responsibility for adding site content. Cygni Solutions LLC does not add content to a website (web pages, products, etc.). Cygni Solutions LLC provides the working website and a Content Management System which is designed for the client to make full use of and add material themselves. Should an agreement be made between Cygni Solutions LLC and the client for the inclusion of content then the following rules apply;
1. All content must be provided in a timely fashion. If the content is not given quickly enough then Cygni Solutions LLC will complete the website and the CMS with basic templates requiring the client to add the content themselves. The project will then be treated as completed and all project fees will be owed.
2. Once content has been added by Cygni Solutions LLC then no further alterations will be made by Cygni Solutions LLC. All additional changes will be chargeable.
3. Cygni Solutions LLC is not responsible for proofreading the content or checking for incorrect information this is the sole responsibility of the client.
4. Content CANNOT be taken from other websites. Cygni Solutions LLC will not check if the content provided is taken from other sources.
Any work is subject to a minimum charge of 45.
3. Permission and Copyright
Copyright of the completed web designs, images, pages, code and source files created by the Developer for the project shall be with the Client upon final payment only by prior written agreement. Without an agreement, ownership of designs and all code is with the Developer.
The Client agrees that resale or distribution of the completed files is forbidden unless a prior written agreement is made between the Client and the Developer.
The Client hereby agrees that all media and content made available to the Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or suit that may arise as a result of using the supplied media and content.
The Client agrees that the Developer may include development credits and links within any code the Developer designs, builds or amends. If the Developer designs a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s website. If the Developer builds or amends a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s web page, which may be within the code but not displayed on a web browser if requested by the Client.
The Client agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work.
The Client agrees to abide by the terms of any third-party software or media included within any work done for the Client. Examples of this include, but are not limited to, Google-maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software, etc.
The Developer reserves the right to refuse to handle:
1. Any media that is unlawful or inappropriate.
2. Any media that contains a virus or hostile program.
3. Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
4. Any media that constitutes a criminal offense, or infringes privacy or copyright.
5. Domain names and Hosting
The Developer can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third-party service.
The Client agrees that registration of a domain name does not provide an endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. The Developer holds no liability and the Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s registration of a domain name.
The domain name is registered in the Client’s own name, with the address and contact details of the Developer. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
The Client agrees to take all legal responsibility for use of third-party domain name and hosting services and supply truthful details to third party services.
The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
The Client is liable to pay the Developer for any domain name registrations and the initial set-up of the hosting if included as part of the website build.
Any support relating to the domain name, hosting and email services are between the Client and the third-party service.
Any other domain name and hosting services or costs not included by the Developer, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services.
The Client agrees to pay the domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third-party service.
The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client.
Payment for a domain name and hosting services is to be made immediately upon receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable.
The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account that the Developer requires uploading the website if required as part of a project.
The Developer reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.
The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.
The Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by the Internet browser software. The Developer agrees to try to match the design as closely as is possible when building the code.
During a website project, it is important that the Client communicates information to the Developer to achieve the required result.
The Client agrees they are permitted a maximum of 4 hours of alteration on projects of 3000, with an additional 1 hour of alteration available per whole 1500 of cost after that, unless quoted otherwise. All alterations are to be requested in writing either by email or postal mail by the Client. After the allocated time for alterations is used up, either in design or coding, the Developer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. The Developer reserves the right to request payment be received for further alterations before continuing work. Upon completion of the agreed design, the Client is asked to confirm in writing by email or postal mail that the design and the screen size are signed off as complete and agree that any further design alterations are chargeable.
If the Client requests a design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Developer reserves the right to quote separately for these alterations.
If optimized pages are included as part of the project, the Developer will optimize the Client’s web pages that already makeup part of the project. Optimized pages are not part of new pages. The optimization of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by the Client.
The Developer endeavors to create pages that are accessible to search engines. However, the Developer gives no guarantee that the site will become listed with search engines.
If an error or issue with the design or code arises during the development phase of the project, which does not allow the design or code to match the original specification, then the Client agrees that the Developer can apply the nearest available alternative solution. Once a site is live (or the site is ready to go live and merely requires the customer to add content) then the project is deemed to be complete. The client has 2 months in which to provide evidence of errors caused by the Supplier, these will be reviewed and if errors are genuinely caused by the Supplier they will be put right. If errors are caused by the client (i.e. during the use of the Content Management System) then steps taken to remedy errors will be chargeable.
The Developer at all times applies reasonable skill and care in the provision of services.
On request, the Developer can create a copy of the website on one CD to be posted to the Client on project completion. A small charge will be made to cover the cost of this unless quoted otherwise.
Once the project is completed, the Developer will upload the website to the Client’s live web address is included as part of a project.
After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. Notification MUST be given to the developer. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then the Developer reserves the right to quote for work to repair the website.
It may also be that any third party will need to pay for any subscriptions or licenses for any software on the website.
The Developer reserves the right to assign subcontractors in whole or as part of a project if needed.
The Developer will keep a copy of the site and design source files when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third-party hosting services in case of a software or hardware failure at the third party hosting servers.
All communications between Developer and Client shall be by telephone, email, Skype or postal mail, except where agreed at the Developer’s discretion.
7. Accessibility & Web Standards
The Developer tests sites and templates to ensure they comply with WAI accessibility standards to Level A conformance at the time of sale. Should the Client request that the Developer alters the site or templates to meet specific WAI accessibility guidelines, or if updated WAI accessibility guidelines were introduced after the site or templates were sold to the Client, the Developer reserves the right to quote separately for any additional work needed. If the Client uses WordPress (and WooCommerce) Themes or Modules, or other CMS systems that are not built by the Developer, the overall page may not meet WAI accessibility standards to Level A conformance.
The Developer tests sites and templates to ensure they comply with W3C CSS standards as they are at the time of sale. Should updated W3C CSS guidelines be introduced after the site or templates were sold to the Client, the Developer reserves the right to quote separately for any additional work needed. If the Client uses WordPress (and WooCommerce) Themes or Modules, or other CMS systems that are not built by the Developer, the overall page may not meet W3C CSS standards.
The Developer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the standard development platform, which includes recent versions of the main browsers, Internet Explorer and Mozilla Firefox. The Client agrees that the Developer cannot guarantee correct functionality with all browser software across different operating systems.
The Client agrees that, following the handover of files, any updated software versions of the browsers detailed in the standard development platform, including the browsers Internet Explorer and Mozilla Firefox, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their website. As such, the Developer reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, domain name or hosting changes.
The Client agrees that more advanced applications on a website page may require a newer browser version or plug-in.
8. Payment Terms
Prices are subject to change without notice.
All quoted prices here are exempt from VAT.
Payments are made on a staged basis with each stage paid in advance of any work. All invoices must be paid in full within 7 days of the invoice date, except where agreed at the Developer’s own discretion. All payments are made on a staged basis and NO further work will commence until each staged-payment has been made.
The Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client.
The Developer reserves the right to remove its work for the Client from the Internet if payments are not received.
After the final website or final payment, the amount paid is non-refundable and the customer will have 2 days to approve the final website after that company is not responsible to pay any chargebacks.
9. Liability and Warranty Disclaimer
The Developer provides their website and the contents thereof on an as-is basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Developer cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error-free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees that the Developer is not liable for any bugs, performance issues, virus, trojan, or malware attacks or failure of their WordPress (and WooCommerce) software as WordPress (and WooCommerce) is open-source software distributed under the GPL (‘GNU General Public License’) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the WordPress (and WooCommerce) Development community via WordPress (and WooCommerce).org. It will be necessary to regularly update WordPress, WooCommerce, and any plugins (and any other software used in the website). Unless a support contract is opted for by the client then updates are NOT the responsibility of the developer. Therefore the developer cannot be held responsible for any faults, bugs, viruses, trojans, malware, etc., or problems occurring on the site or with the hosting.
If the client chooses not to host the website on the developers hosting solution then the developer reserves the right to not upload the website or set-it-up on the clients hosting solution, this will be the sole responsibility of the client. The client will be solely responsible for ensuring the website is functional and secure on their hosting solution. The developer will in no way be held responsible for the website or any resulting issues. Should the client allow access to their hosting for the purpose of uploading the website, fixing bugs on the website, or any other request of the developer made by the client in writing (email) then the developer will in no way be held responsible for any faults or issues occurring on the website or the clients hosting. Responsibility for any problems on their hosting solution will lie solely with the client and not the developer.
The developer is in no way responsible for the date on the client’s website. It is the client’s responsibility to backup all data.
Should the developer be replacing an existing website created by anyone else other than the developer (either on the clients or developers hosting) then the client is responsible to make suitable backups before the new website can be uploaded. Once the new website is live the developer can in no way be held responsible for the previous website.
The Developer endeavours to provide a website within given delivery timescales to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Client agrees that the Developer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism, and war or any act or omission of any third party services.
The Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error-free, the Developer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error-free. If, after handover of files, errors are found in code the Developer has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Developer can correct these errors for the Client free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, the Developer reserves the right to quote separately for any work involved in correcting an error.
If, after handover of files, errors are found in code the Developer has created and the standard development platform, or the domain name set-up or hosting set-up has been changed, the Developer can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer reserves the right to cancel forthwith any projects and invoice the Client for any work completed.
The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Developer has been advised of the possibility of such damages.
There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.
The Developer may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility, and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees that the Developer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses, and claims arising from omission to inform or implement these updates.
The Client agrees to use all Developer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses, and claims, including but not limited to legal fees against the Developer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.
The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
The Client also agrees to indemnify, hold harmless and defend, the Developer against any liabilities arising out of injury to property or person caused by any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organization.
The Developer and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Developer to another party unless directed by the Developer.
The Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.
The Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. The Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable by law.
Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges having read, understand, and accept the Terms and Conditions of this Agreement and agrees to be legally binding by these Terms and Conditions.
The Developer reserves the right to alter these Terms and Conditions at any time without prior notice.
14. Statutory Rights
These Terms and Conditions do not affect your statutory rights as a consumer.
15. Zero-Tolerance for bad behavior policy
Cygni Solutions LLC operates a zero-tolerance policy towards bad behavior.
The safety of our employees, clients, and visitors is an important concern to the organization. Threats, threatening behavior or acts of violence against employees, clients, visitors or others while on the clients or suppliers/developers property or third-party location, conducting business or receiving services from the supplier/developer won’t be tolerated. The supplier/developer reserves the right to immediately end any contract should any violations of this policy occur, and if appropriate all threatening behavior will be reported to the authorities.
Any person who engages in violent or threatening behavior in person, on the phone, on the Internet, Social Media, or who uses any electronic means to make a threat against a staff member, the volunteer shall be in breach of the zero-tolerance policy and the supplier/developer will reserve the right to terminate any contract and if appropriate all threatening behavior will be reported to the authorities.
Should any contract be terminated due to a breach of the zero-tolerance policy by the client then any outstanding invoices owed to the supplier/developer must be paid in full.
For further information on any of our terms and conditions, or would like information about licensing images and/or materials from CygniSolutions.com please contact us at [email protected] or 1-415-949-4619.