Interpretation and Definitions
Interpretation | Terms and Conditions
Capitalized terms used in this Privacy Policy have specific meanings as defined below. These definitions apply regardless of whether they appear in singular or plural form.
Definitions |Terms and Conditions
For the purposes of these Terms and Conditions:
- Affiliate refers to an entity that controls, is controlled by, or is under common control with a party. “Control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Company (referred to as “the Company”, “We”, “Us”, or “Our” in this Privacy Policy) refers to cyberhero.site.
- Country refers to: Pakistan.
- Device means any device, such as a computer, smartphone, or tablet, that can access the Service.
- Service refers to the Website and services provided by the Company.
- Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service refers to any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
- Website refers to the website cyberhero.site, accessible at cyberhero.site.
- You refers to the individual accessing or using the Service, or the company or other legal entity on behalf of which the individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms and Conditions govern the use of the Service and constitute the agreement between You and the Company. These Terms outline the rights and obligations of all users in relation to the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms, You may not access or use the Service.
You represent that You are over the age of 18. The Company does not permit individuals under the age of 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy outlines the policies and procedures regarding the collection, use, and disclosure of Your personal information when You use the Website or the Application, and explains Your privacy rights and how the law protects You. Please read the Privacy Policy carefully before using the Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Project Terms
- Estimates and Quotes
All estimates and quotes are based on our understanding of your requirements and the provided time frame. Any changes to the functionality, including minor improvements, may incur additional costs, either as specified in the pricing list or as discussed with the client.
- Acceptance of Quote
By accepting a quote, you agree to and accept the terms and conditions of the Company. Acceptance may be verbal, via email, through the payment of an initiation fee, or by signing the quote.
- Client Responsibilities
Clients must ensure that all requirements are accurately reflected in the quotes or proposals and that we fully understand their needs. Clear guidelines and specific details, such as flowcharts or project requirements, should be provided. If these details are not provided, we will proceed with our understanding of the requirements and quote accordingly. Any discrepancies that arise later may incur additional costs to accommodate the necessary changes. Therefore, it is essential that you clarify all aspects of the services needed, particularly for website development.
- Complexity of Tasks
Any complexity related to specific tasks must be disclosed in advance and included in the proposal for costing purposes. We operate in good faith and rely on clients to provide full disclosure at the time of quotation. The Company will not be responsible for discrepancies arising from unclear or incomplete requirements.
- Project Delays
We will make every effort to complete the project within the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified. Delays at the client’s end may extend the project and proposed timeframes, which could incur additional costs.
- Rework and Changes
Any rework on an already completed task will incur additional charges. Changes to the design after approval will also attract extra charges.
- Content Delivery
All website content and related materials must be provided within the first two weeks of the project commencement. Delays beyond this period may push back the project and could incur additional charges if the delay exceeds a reasonable timeframe.
- Communication
All communications and correspondences will generally be conducted via email or other applicable contact details. It is the client’s responsibility to keep us updated with accurate contact information.
Payment terms
The Company requires two payment milestones:
- 50% Deposit: Due before work begins.
- 50% Final Payment: Due upon project completion.
The Parties consider the following details as essential elements to be included in the order:
- Customer identification (company name, trade name, email address, contact details, and services required).
- The nature of the business and where the services will be applied.
- The price and method of payment for the services.
Non-refundable Agreement
The deposit is non-refundable in the event of a breach of contract. If the client fails to perform the contract or withdraws from the project, the client is not entitled to a refund of the deposit.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including, but not limited to, a breach of these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages you may incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you through the Service or 100 USD if you haven’t made a purchase through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for loss of profits, loss of data, business interruption, personal injury, or loss of privacy arising out of or related to the use of the Service, third-party software, or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails to achieve its essential purpose.
Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” with all faults and defects, without any warranty of any kind. To the maximum extent permitted under applicable law, the Company, including its Affiliates, licensors, and service providers, expressly disclaims all warranties—whether express, implied, statutory, or otherwise. This includes, but is not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
- Warranties arising from course of dealing, performance, usage, or trade practice
The Company makes no guarantees that the Service will:
- Meet Your requirements
- Achieve any intended results
- Be compatible with other software, applications, or services
- Operate without interruption
- Meet performance or reliability standards
- Be error-free or that errors can or will be corrected
Neither the Company nor any of its providers makes any representation or warranty that:
The Service, content, or materials will be available, accurate, or reliable.
The Service will be uninterrupted or error-free.
The Service, its servers, or emails from the Company are free from viruses, malware, or harmful components.
Some jurisdictions do not allow the exclusion of certain warranties or limitations, meaning that parts of the above disclaimer may not apply to You. However, in such cases, the exclusions and limitations shall apply to the maximum extent permitted by law.
Governing Law & Intellectual Property
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Country, excluding its conflict of law provisions.
Your use of the Service may also be subject to additional local, state, national, or international laws, depending on your jurisdiction.
We respect intellectual property rights and take copyright infringement seriously. For more on copyright protection and digital rights management, visit WIPO and DMCA.
Disputes Resolution
If You have any concerns or disputes regarding the Service, You agree to first attempt to resolve the issue informally by contacting the Company.
For European Union (EU) Users
If You are a consumer residing in the European Union (EU), You are entitled to the mandatory protections provided under the laws of Your country of residence.
United States Legal Compliance
By using this Service, You confirm that:
You are not located in a country subject to a United States government embargo or designated as a “terrorist-supporting” country by the U.S. government.
You are not listed on any U.S. government list of prohibited or restricted parties.
Severability and Waiver
- SEVERABILTY
If any provision of these Terms and Conditions is found to be unenforceable or invalid, it will be modified and interpreted to fulfill its intended purpose to the greatest extent possible under applicable law. The remaining provisions will continue to be fully valid and enforceable.
- WAIVER
Failure to enforce any provision of these Terms and Conditions does not waive the right to enforce it in the future. Similarly, a waiver of any breach does not constitute a waiver of any future breaches.
Translation Interpretation
If these Terms and Conditions have been translated into another language, You agree that the original English version shall take precedence in case of any disputes or inconsistencies.
Changes to These Terms and Conditions
We reserve the right to modify or replace these Terms and Conditions at any time. If changes are material, we will make reasonable efforts to provide at least 30 days’ notice before the new terms take effect.
What constitutes a material change will be determined at Our sole discretion.
By continuing to use the Service after the updates, You agree to be bound by the revised Terms. If You do not agree with the new terms, please stop using the Website and the Service.
Read our Privacy Policy to understand how we handle your data.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: contact@cyberhero.site
