Terms and Conditions

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Client,” are parties to this agreement.  The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

By using our services, the client agrees to abide by the following terms.

Online Advertising and Marketing Services

Cyber-Construction offers a variety of services to help improve a website’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.

Cyber-Construction provides search engine marketing, optimization and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, 411 Directory Assistance, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, MojoPages, Kudzu, Merchant Circle, OnStar, local online newspapers, Facebook, Twitter, LinkedIn, YouTube and other sites. The terms and conditions of these providers all apply. Cyber-Construction will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.

Computer Remote Management

YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF AND YOUR EMPLOYER, AS APPLICABLE, TO THE TERMS OF THE DISCLAIMER BELOW; AND (2) CONSENTING ON BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS DISCLAIMER. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE DISCLAIMER, OR DO NOT REPRESENT THE FOREGOING, YOU WILL NOT AND MAY NOT RECEIVE SYSTEM REMOTE MANAGEMENT SERVICES.

System Remote Management services are provided at your sole risk. Our assistance is provided on the following terms and conditions:

System Remote Management software (the “Software”) has been or will be downloaded to your system to allow a remote control session, as well as other services described within the package you have purchased, to a system or systems on your network. You are authorizing Cyber-Construction, Inc. (Cyber-Construction) to connect to your system(s) and you understand that by requesting such assistance, you will be providing Cyber-Construction’s technical support personnel with access to view your system.

The ability for Cyber-Construction to remotely access your system significantly enhances our ability to resolve your technical problem quickly. Be sure to close any confidential or personal files that you may be working on before allowing remote access to your system.  If your internet access is down or running slow, this will hamper our ability to remotely connect.  In order to provide the services, Cyber-Construction’s technical support personnel is not expected to need to make any copies or downloads of your files or to retain any information accessed from your system.

CYBER-CONSTRUCTION SHALL HAVE NO LIABILITY FOR ANY CLAIMS OR DAMAGES RESULTING FROM USE OF THE SOFTWARE OR RESULTING IN ANY WAY FROM THE USE OF THE REMOTE MANAGMENT SYSTEM DESCRIBED HEREIN.

CYBER-CONSTRUCTION AND ITS VENDORS AND LICENSORS MAKE NO WARRANTIES OF ANY KIND WITH REGARD TO THE TECHNICAL SUPPORT SERVICES PROVIDED HEREUNDER. CYBER-CONSTRUCTION AND ITS VENDORS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE TECHNICAL SUPPORT SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CYBER-CONSTRUCTION OR ITS VENDORS OR LICENSORS BE LIABLE FOR (i) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR (ii) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF TECHNICAL SUPPORT SERVICES.

Web Hosting Services

In exchange for the fees we will host your website and store your data on one or more of our servers, so long as you abide by the terms and conditions that are set forth, and in any other agreements that relate to the services we may provide to you. The client is only allowed to make use of the service for the intended use of the purchased service, which is web hosting.

  1. Unacceptable usage of any service, unless it is explicitly specified as the intended use of the service, include proxy scripts, bittorrent, file sharing and any unlawful activity is prohibited.
  2. It is strictly prohibited to use the service for sending spam or any type of mail flooding. It is only allowed to send emails with the from header containing an email address that is owned by the sender.
  3. Your service can be suspended at any moment if it uses more system resources (CPU and memory) than is acceptable for the purchased service according to internal guidelines.
  4. Your service may be suspended due to lack of payment

Web Development Services

Your signed agreement will contain more information than what is listed below.

DEFINITIONS

Agreement means the Project Estimate, Terms and Conditions and any other attached documents. Project means the scope and purpose of the Client’s identified usage of the work product as described in the Project Estimate. Services means all services and the work product to be provided to Client by Cyber-Construction as described and otherwise further defined in the Project Estimate. Final Deliverables means the final versions of Deliverables provided by Cyber-Construction and accepted by Client. Deliverables means the services and work product specified in the Project Estimate to be delivered by Cyber-Construction to Client. Client Content means all materials, writing, images or other creative content provided by Client used in preparing or creating the Deliverables. Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration. Cyber-Construction Tools means all design tools developed and/or used by Cyber-Construction in performing the Services, including pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, and navigational and functional elements.

CYBER-CONSTRUCTION SERVICES Cyber-Construction shall perform the services listed the Scope of Work according to the Project Estimate.

CHANGES TO PROJECT SCOPE

Change Request: If Client wants to change the Scope of Work after acceptance of this Agreement, Client shall send Cyber-Construction a written Change Order describing the requested changes in detail. Within 5 days of receiving a Change Order, Cyber-Construction will respond with a statement proposing Cyber-Constructions availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. Cyber-Construction will evaluate each Change Order at its standard rate and charges.

Major Change: If Client requests are deemed a Major Change required to produce Deliverables, or the value of the Scope of Services, Cyber-Construction shall be entitled to submit a new and separate Estimate to Client for written approval. Cyber-Construction shall not begin work on the revised services until he receives a fully signed revised Estimate and any additional fees.

Minor Change: If Client requests are not Major Changes, Client will be billed on a time and materials basis at Cyber-Constructions current hourly rate. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified. Cyber-Construction may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.

Acceptance/Rejection: Client will have 30 days to respond in writing accepting or rejecting the new Estimate. If Client rejects the Estimate, Cyber-Construction will not be obligated to perform any services beyond those in the original Agreement.

DELAYS

Cyber-Construction Delays: Cyber-Construction shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. Cyber-Construction may extend the due date for any Deliverable by giving written notice to Client.

Client Delays: Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables.  Delays beyond 3 months may result in additional fees that may be caused by, but not limited to, browser updates or software updates that could not be handled due to the delay.

General Delays: Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay.

EVALUATION AND ACCEPTANCE

Testing: Cyber-Construction will test and correct Deliverables using commercially reasonable efforts before providing Deliverables to Client.

Approval Periods: Client shall, within 10 business days after receiving each Deliverable, notify Cyber-Construction in writing of any failure to comply with the specification of the Project Estimate or of any other objections, corrections or changes required. Cyber-Construction shall correct and submit a revised Deliverable to Client. Client shall, within 10 business days of receiving a revised Deliverable, either approve the corrected version or make further changes. This is limited to errors and not for additions or changes to the original Project Scope. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted. All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.

CLIENT RESPONSIBILITIES

Client acknowledges that it is responsible for performing the following in a reasonable and timely manner: (a) Provide Client Content in a form suitable for use in the Deliverables without further preparation by Cyber-Construction, unless otherwise specified in the Project Estimate; (b) Proofread all Deliverables. Client will be charged for correcting errors after the acceptance of any Deliverable; (c) Make decisions regarding other parties.

ACCREDITATION AND PROMOTION

Accreditation: Cyber-Construction shall be entitled to place accreditation, as a hyperlink or otherwise, in the form, size and location as incorporated by Cyber-Construction in the Deliverables on each page of the Final Deliverables.

Promotion: Cyber-Construction retains the right to reproduce, publish and display the Deliverables in Cyber-Construction’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.

Promotional Approval: Either party, subject to the other’s reasonable approval, may describe its role in the Project on its website and in other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.

Computer Support Services

Cyber-Construction, Inc. offers computer service, repair and upgrading services as is. We believe business should be conducted honestly, fairly and be subject to reasonableness. We strive to provide the highest quality of service and support. We cannot guarantee specific results for our services, but will operate under the principles stated above.

We will provide our services in an effort to fix, upgrade, or otherwise repair the computer systems for which you request such services. We will not intentionally harm your system. In the case of accidental damage or data to your system, further damage or data loss caused by already existing problems in your system such as viruses, misconfigured software, or hardware problems/failures, you agree to hold us and any persons associated with or involved in the work being done for you harmless from damages resulting from such problems.

Automatic Renewals (recurring billing)

Your program subscription is valid for the full duration of the length of the subscription plan you have selected, (usually this is ongoing until you cancel your service).  You will be automatically re billed under the terms of your subscription service. If you wish to cancel your recurring billing, please provide us with 30 days advanced notice to cancel. Your account will remain active until the final term has expired.

Subscription Term

The Cyber-Construction Subscription Term specifies the initial term for which program rates will be guaranteed and billed, and will be for no less than six (6) months for custom programs. All agreements are auto-renewed at the then published service rates. After the initial agreement period, either party may cancel the program with a 30-day written notice to the other party. Subscriptions cancelled under 30 days of auto renewal date will be terminated following the next renewal date.

Refund Policy

ALL SALES ARE FINAL. There are many unforeseen circumstances where refunds or credits will be issued Situations where a member accidentally creates two accounts and is being double billed, or human errors (yes, we are human), where a recurring billing cancellation was requested but not properly processed, etc. are properly adjusted. All such refund requests are at the discretion of our management.

Prior Conditions

  1. The client has not created any duplicate sites, duplicate content or pages, redirects or doorway pages.
  2. The client has not requested or exchanged links with link farms or undertaken any spamming techniques which may harm the web site’s ranking with Google.
  3. It is not possible to give a 100% guarantee for any specific result on any search engine, nor can we quantify the level of increased traffic or sales, as a result of the SEO campaign.
  4. Cyber-Construction SEO follows a strictly ethical SEO policy and may make void any guarantee should it be discovered that the Client has participated in actions considered undesirable (spamming) by the search engines, such as:
  • Makes use of hidden links
  • Links to link-farms, FFA link pages, etc.
  • Uses page redirect or cloaking techniques
  • Uses automated web site submission software or websites
  • Uses automated reciprocal link programs

3rd Party Fees

Any fees that the search engines or social media charge to include a listing are to be born separately by the client. This includes, but is not limited to pay per inclusion charges in directories like, but not limited to Google and Yahoo!

Access to client website

  1. The Client grants authority to submit the Web Site pages being promoted to Search Engines and directories.
  2. We must have the ability to optimize the structure and content of your web pages. Such changes generally have a minimal visual impact. We will work directly with you in order to maintain the original look and feel of your website.
  3. You must provide Cyber-Construction with log-on information (username and password) to allow us to gain FTP access to your website. We will maintain confidentiality of log-in information. We recommend that you change all passwords after we have completed our work.
  4. Cyber-Construction may provide you with relevant details on writing content for your pages. The content must be prepared by you according to our guidelines for optimization.
  5. You must inform us of any changes made to your site website while Cyber-Construction is optimizing it. Changes made whilst we are optimizing your site may result in negative
  6. The client must allow implementation of all optimization strategies on their website. Alternatively, we offer SEO consultancy services, where we will offer you specific advice on SEO changes to be made on your website, and you make the changes.

Representations and Warranties; License and Grant of Rights

You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations.

Indemnification

Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless Cyber-Construction against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to Cyber-Construction resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.

No Guarantees

You acknowledge and agree that Cyber-Construction makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. Cyber-Construction does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query. Cyber-Construction does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, Cyber-Construction and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Cyber-Construction services.

Limitation of Liability and Applicable Law

The maximum aggregate liability Cyber-Construction may have to you will be limited to the total amount of fees collected from you. Cyber-Construction will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by Cyber-Construction. This agreement shall be governed and construed by the laws of the State of Illinois. Any claims against this agreement must be made within 6 months from the date of the subject of the claim, and must be made in writing to: Cyber-Construction, 720 Wedgewood Circle, Lake in the Hills, IL 60156. Should a claim arise, you agree to waive a trial by jury and to first seek resolution by arbitration in McHenry County, Illinois using a mutually agreed upon member of the American Arbitration Association.

Force Majeure

Neither you nor Cyber-Construction will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.

Assignment

Cyber-Construction may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.

Miscellaneous

This Terms and Conditions of Service represents the parties’ entire agreement with regard to Cyber-Construction’ provision of services. Agreement with these terms and conditions is upon signature of Cyber-Construction’s Statement of Work, and it will be binding upon you and your successors.

Authority

The person signing the Statement of Work certifies that he or she is a lawfully authorized to purchase

Effective upon Execution

Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.