GO CYBER HYPE TERMS & CONDITIONS

Go Cyber Hype is a trading name of C J Strand Ltd, registered in England under Companies House number 04318229 and registered address Windmill House, Angmering, Littlehampton England, BN16 4FN.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, the following expressions have the following meanings:

1.1.1 “Client” means the individual, firm or corporate body appointing C J Strand Ltd to provide services. Where an individual is entering into this Contract on behalf of a business, the individual confirms they have the authority to enter into this Contract on behalf of that business and the business shall be the Client in the context of this Contract;

1.1.2 “Company” means C J Strand Ltd, registered as above.

1.1.3 “Contract” means the contract formed as detailed in clause 2, which includes the acceptance of these Terms and Conditions; and

1.1.4 “Quotation/Schedule” means the written quotation/schedule to provide the Services, which remains open for acceptance for a period of 30 days and shall constitute our entire scope of works;

1.1.5 “Services” means consultancy, website design and website platform services to be provided to the Client and any other services as to be agreed within the Quotation/Schedule/Specification.

1.1.5 A “business day” means any day other than a Saturday, Sunday or bank holiday.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions is to:

1.2.1 “we”, “us”; and “our” is a reference to the Company;

1.2.2 “you” and “your” is a reference to the Client;

1.2.3 “writing” and “written” includes emails and similar communications;

1.2.4 A statute is a reference to that statute as amended or re-enacted at the relevant time;

1.2.5 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;

1.2.6  a “clause” refers to a clause of these Terms and Conditions;

1.2.7 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.

1.4 Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender. References to persons shall include corporations.

2. The Contract

2.1 We will provide a Proposal, Schedule and/or Quotation for all Services. The acceptance of our Proposal/Schedule/Quotation, electronically or otherwise, or the placement of an order in any way, creates a legally binding Contract between the Company and the Client and includes the acceptance of these Terms and Conditions, which shall apply between us.

2.2 These Terms and Conditions shall:

2.2.1 apply to and be incorporated in the Contract;

2.2.2 apply to all dealings relating to the Services being supplied by us;

2.2.3 and prevail over any terms or conditions contained in or referred to by the Client’s purchase order, confirmation of order or specification, or implied by law, trade custom, practice or course of dealing.

2.3 No addition to, variation of, exclusion or attempted exclusion of any term of the Contract shall be binding on us unless in writing and signed by a duly authorised representative of ours.

2.4 The Client shall be responsible for the accuracy of any information submitted to us and for ensuring that our Proposal/Quotation/Schedule reflects the requirements of the Client. Our Proposal/Quotation/Schedule is based on the information provided to us at the time of its preparation. Should any errors or discrepancies become evident which affect our order value, we reserve the right to make adjustments to it.

2.5 Our Proposal/Quotation/Schedule shall constitute our entire scope of works but shall be subject to amendment as detailed below.

2.6 Our Proposal/Quotation/Schedule will be valid for a period of 30 days only unless otherwise stated, and we may withdraw it at any time by giving notice to the Client.

3. Payment

3.1 The Client agrees to pay the fees in accordance with the terms of payment detailed below.

3.2 Payment for consultancy, website design, website assets, website hosting services and other ongoing monthly services shall be made by monthly instalments on the agreed date (as per the subscription or ‘schedule’) via an agreed payment method. It is the Client’s responsibility to set up and maintain the payment method.

3.3 Additionally, all invoices are payable within 7 days of the date of invoice, in pounds sterling, without set-off, withholding or deduction.

3.4 If we either provide any services not included within the quotation/schedule or provide the services outside of our normal business hours (Monday to Friday 9am to 5pm, excluding bank holidays) at the request of the Client, we shall charge for these in addition to the schedule/quotation at our then current hourly rate.

3.5 Time for payment shall be of the essence for the Contract. If the Client fails to make payment in full on the due date, agreed standing order and/or Direct Debit date or fails to comply with the Client’s obligations as listed in this agreement, services may be withdrawn and the whole of the balance of the Quotation/schedule then outstanding shall become immediately due and payable and, without prejudice to any other right or remedy available to us, we shall be entitled to:

3.5.1 appropriate any payment made by the Client to any outstanding sum;

3.5.2 charge interest on the amount outstanding from the due date to the date of receipt by us (whether before or after judgment), at the annual rate of 8% above the then current Bank of England base lending rate, accruing daily and compounded quarterly;

3.5.3 suspend all further provision of Services until the Client remedies the default;

3.5.4 where appropriate, disable and remove the website or project if any payments remain outstanding for a period of 2 months or more;

3.5.5 not be held liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from our failure or delay in performing any of our obligations as a result; and

3.5.6 be entitled to claim for any costs or losses sustained or incurred by us arising directly or indirectly from the Client’s default.

4. Ownership, Licensing, and Transferability of Websites where no upfront fee is charged.

4.1 Specific  terms regarding the ownership, licensing, and transferability of the assets used in your website when no upfront fee is charged:

4.1.1. Client-Owned Assets: The domain, all written content, and any royalty-free assets used on your website are your property. You have full rights to use or transfer these elements as you see fit. However, if Go Cyber Hype or Get Cyber Hype has purchased the domain on your behalf and you wish to transfer it, a transfer fee of £25 will apply.

4.1.2 Company-Owned Premium Assets: Certain assets used on your website, including videos, Divi theme license, specific icons, and images and premium plugins are premium assets licensed by Go Cyber Hype and Get Cyber Hype. These assets are provided to you as part of our service and remain our property. They cannot be transferred to another hosting provider or reused without our explicit permission or purchasing licenses from the asset owners as appropriate.

4.1.3 Website Design and Builder Tools: The design of your website is created using a premium page builder and may also involve paid third-party plugins, which are purchased and licensed by Get Cyber Hype. While the design itself is not copyrighted, the tools and plugins used are licensed through our company. Go Cyber Hype websites typically include a lifetime license for this premium software and will be detailed as included in your contract/proposal.

4.1.4 Non-Transferability of Website and Hosting: If our websites are provided without any upfront cost, the website must remain on our system/hosting for the duration of the agreement. If you wish to transfer the website to your own hosting, you must pay an amount equivalent to £495 or 12 months of subscription fees, whichever is greater, upfront. Only after receiving this payment will we prepare the website and associated assets belonging to you for transfer via backup files to your specified hosting provider. Once backup file(s) have been provided our service provision will end and the site will be inaccessible from our servers. We do not facilitate the outbound migration of email mailboxes and email will need to be migrated before service is discontinued if needed.

4.1.5 Server Access: We never provide Get Cyber Hype client access to our servers, control panels or access via File Transfer Protocol (FTP). Go Cyber Hype clients paying an upfront development fee generally do have administrative and server access.

4.1.6 Cancellation and Transfer: If you decide to cancel your Get Cyber Hype subscription and move your site elsewhere as outlined above, you will receive a copy of the website when the transfer fees above have been paid to us. However, this copy will exclude the premium assets provided by Get Cyber Hype, such as specific videos, icons, images, and premium plugins. You will need to replace or recreate these assets independently. Additionally, if Get Cyber Hype has purchased the domain for you, transferring the domain to another provider will incur a fee of £25.

5. Our Obligations

5.1 We warrant that we will use all reasonable care and skill in fulfilling our obligations under this Contract.

5.2 Our obligations are subject to you complying with your obligations under the terms of this Contract and shall also be subject to the limits and exclusions of liability set out herein.

6. Client’s Obligations

6.1 The Client agrees, where applicable, to:

6.1.1 provide us with any information, advice and assistance relating to the services, as we may reasonably require within sufficient time to enable us to perform the services;

6.1.2 virus-check all data and material supplied to us

6.1.3 nominate a suitably qualified individual to act as the Client’s representative to liaise with us regarding the services;

6.1.4 obtain and maintain all necessary licences, permissions and consents in connection with the services; and

6.2 If the Client fails to meet any of these provisions, without limiting our other rights or remedies, we shall:

6.2.1 have the right to suspend delivery of the services until the Client remedies the default; and

6.2.2 not be held liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from our failure or delay in performing any of our obligations as a result;

6.2.3 be entitled to claim for any costs or losses sustained or incurred by us arising directly or indirectly from the Client’s default.

6.3 Not use our services for Prohibited Activities as explained below:

You agree not to use our services for any unlawful purposes or engage in any activities that are prohibited by these Terms and Conditions. Specifically, you agree not to use our services to:

Engage in any criminal or fraudulent activities.

Distribute, disseminate, or transmit any material that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

Violate any laws, regulations, or guidelines set forth by local, state, national, or international authorities.

We reserve the right to monitor your use of our services to ensure compliance with these Terms and Conditions. If we suspect that your use of our services is involved in any criminal or fraudulent activities, we may, at our sole discretion, take the following actions:

Suspend or terminate your access to our services without notice.

Report your activities to the relevant authorities, including law enforcement agencies.

7. Variation and Amendments

7.1 If the Client wishes to vary the services to be provided, they must notify us as soon as possible. We shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client.

7.2 If, due to circumstances beyond our control, we have to make any change in the arrangements relating to the provision of the services, we shall notify the Client immediately. We shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.

7.3 Any agreed variation or amendment will be carried out in accordance with these terms and conditions and any price increase necessitated as a result of an agreed variation or amendment shall be payable in accordance with the terms for payment herein.

8. Termination

8.1 Where applicable, upon acceptance of the Quotation for a one-off service, the Client shall no longer be entitled to cancel the Services to be provided, except with our agreement in writing and provided that the Client indemnifies us in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by us as a result of the cancellation.

8.2 Where applicable, for ongoing monthly services, either party may terminate this Contract at any time by giving a 30-day written notice.

8.3 Either Party may terminate the Contract immediately by giving written notice to the other if the other Party commits any serious breach of any term of this Contract and (if the breach is capable of being remedied) has failed to remedy the breach within 14 days after receiving a written request from the other Party to do so.

8.4 Either Party may terminate the Contract immediately if the other party goes into bankruptcy, liquidation or administration either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation), if a receiver is appointed in respect of the whole or any part of its assets, or if the other party ceases, or threatens to cease, to carry on business.

9. Liability

9.1 We will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims in connection with the performance of our obligations under the Contract. All warranties or conditions whether express or implied by law are hereby expressly excluded to the maximum extent permitted by law.

9.2 In the event of a breach by us of our express obligations under these Terms and Conditions, the remedies of the Client will be limited to damages, which in any event, shall not exceed the fees paid by the Client for our services in the 30 days preceding the date on which the alleged claim arose.

10. Confidentiality

10.1 Each party shall keep in strict confidence all technical or commercial, data, information, know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed by one party to the other. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for the purpose of discharging its obligations under the Contract and shall ensure that such employees are subject to corresponding obligations of confidentiality.

10.2 This clause shall survive termination of the Contract, however caused.

10.3 Unless agreed otherwise, we reserve the right to display any publicly accessible work we have done for you to other clients and/or publicly to promote our business, this includes but is not limited to: featuring the publicly accessible work in case studies, brochures, social media promotions, links to your website from our website and links back from your website to our website.

11. No Employment

11.1 Nothing in this Contract shall render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.

11.2 Unless otherwise agreed in writing, nothing in this Contract shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in this Contract. Neither Party shall have the authority to act in the name of or on behalf of, or otherwise to bind, the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

12. Data Protection

12.1 If any Personal Data (as defined by the Data Protection Act 1998) is passed to us under this Contract then the parties agree that the Client is the Data Controller and that we are the Data Processor.

12.2 We shall:

12.2.1 process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the Services or as is required by law or any regulatory body;

12.2.2 implement appropriate measures to protect the Personal Data against unauthorised or unlawful processing or loss, destruction, damage, alteration or disclosure; and

12.2.3 take reasonable steps to ensure the reliability and confidentiality of any of our personnel who have access to the Personal Data.

12.3 We may transfer and store Personal Data outside of the European Economic Area (“EEA”). If this is to occur, we will advise the Client in advance. The Client is entitled to request that Personal Data is not transferred or stored outside of the EEA.

12.4 In addition, we cannot be held responsible for events that occur outside our control including, but not limited to, loss of data and hacking. You are responsible for backing up any personal data and we accept no liability for this.

13. Force Majeure

13.1 We shall not be liable to the Client for any breach of our obligations under this Contract if such breach is due to an act, event, omission or accident beyond our reasonable control (Force Majeure Event). Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our reasonable control.

13.2 If a Force Majeure Event occurs, we shall inform the Client as soon as possible and take all reasonable steps to mitigate the effects of the Force Majeure Event and resume performance of our obligations as soon as possible.

Entire Agreement: This Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.

Third Party Rights: The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, anyone else.

14. Notices

14.1 Any notice required to be given pursuant to this Contract shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post or by e-mail to the address of the party as set out in these terms and conditions, or such other address as may be notified by one party to the other.

14.2 A notice delivered by hand is deemed to have been received when delivered (or, if delivery is not in business hours, 9.00am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. An e-mail shall be deemed to have been delivered within 24 hours from the time of being sent, provided that no “non-deliverable” notice is received by the sender.

15. Severance

In the event that one or more of the provisions of this Contract is found to be unlawful, invalid or otherwise unenforceable, that/those provision(s) shall be deemed severed from the remainder of this Contract. The remainder of this Contract shall be valid and enforceable.

16. Law, Jurisdiction and Dispute Resolution

16.1 This Contract and all matters arising from it and any dispute resolutions referred to below shall be governed by and construed in accordance with the laws of England and Wales.

16.2 Where there is a dispute, the aggrieved Party shall notify the other Party in writing of the nature of the dispute with as much detail as possible about the issue. A senior representative of each of the Parties shall communicate within 7 days of the date of the written notification in order to reach an agreement about the nature of the issue and the corrective action to be taken by the respective Parties.

16.3 If the Parties cannot resolve a dispute, they shall seek to resolve the dispute or difference amicably using an Alternative Dispute Resolution (“ADR”) procedure acceptable to both Parties before pursuing any other remedies available to them. If either Party fails or refuses to agree to or participate in the ADR procedure or if in any event the dispute is not resolved to the satisfaction of both Parties within 30 days after it has arisen, the matter shall be settled in accordance with the procedure below.

16.4 If the Parties cannot resolve the dispute by the procedure set out above, the Parties shall irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for the purposes of hearing and determining any dispute arising out of this Contract.

17. Domain Name Terms & Conditions

17.1. Where the Contract includes our Domain Registration and Renewal Service:

17.1.1. we will endeavour to procure the registration of the domain name you request

17.1.2  we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.

17.1.3. we shall not act as your agent or on your behalf in any dealings with domain name registry.

17.1.4 the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use.

17.1.5. you are responsible for ensuring that you are aware of the terms so that you can comply with them.

17.1.6. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar.

17.1.7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.

17.1.8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.

17.2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.

17.3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account. If on a Get Cyber Hype subscription based plan, we will renew for you as part of your plan.

17.4. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.

17.5. The price for the renewal will not be invoiced to you if included within your Get Cyber Hype Plan, otherwise it will be invoiced for payment before the renewal date.

17.6. You acknowledge and agree that for domain security, we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.

18. Acceptance

Setting up a payment via Debit Card, Credit Card, Direct Debit, Standing Order mandate or other agreed payment provider for our services confirms that you accept the above terms.