The following describes the terms and conditions on which Cubo Corp only offers you access to our services.
YOUR RIGHTS AND OBLIGATIONS
Welcome to the user agreement for Cubo Corp. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of Cubo Corp.
If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
This Site is for Adults & Incorporated Companies only. Our services are available only to those who can form legally binding contracts under law. You can use this site and the services available while you are a registered user.
Cubo Corp as a platform
Cubo Corp is a platform which unites a business with their existing clients and new clients. As such, Cubo Corp is not directly connected between the two parties and as such, cannot verify and validate the accuracy, validity of the business. It is a known fact that it is rather difficult to identify people over the Internet. Therefore, the user has to decide if they wish to provide information or not. Cubo Corp cannot be held liable or responsible for false representation by dishonest business. Therefore, we request you be careful and exercise common sense and good judgment when dealing with any user on the Cubo Corp site.
The Site is Evolving
We may modify or improve this Site and its services according to the needs of our registered users. You are required to backup your account data to prevent data loss. Cubo Corp will not be held liable to the loss of data during any upgrade process.
Your Relationship with Merchants, Advertisers, and Users
Your correspondence with merchants, advertisers, or users on the Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant, advertiser, or user. You agree not to hold Cubo Corp liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or users on the Site.
Third Party Content, Verification and Monitoring
Cubo Corp may make available to users on the Site various services provided by third parties which verify a User’s identity or credentials. Use of the services provided by Verification Service Providers in the Professional Marketplace is voluntary. To become a Select service provider, users must be authenticated by the applicable Verification Service Provider. See the section entitled “Select Service Provider Requirements” for details.
Cubo Corp is a distributor of content supplied by any third parties and users of this Site. We have no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users and Verification Service Providers, are those of the respective author(s) or distributor(s) and not of Cubo Corp. Cubo Corp neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorised Cubo Corp employees acting in their official capacities. Cubo Corp does not confirm or verify if a service provider claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the services or advice being requested. You understand and acknowledge that Cubo Corp is not responsible for and does not monitor content for accuracy or reliability.
Your Conduct On Our Site
As much as we collect and store your personal information, it is imperative that when your personal details are required, you will provide accurate, current and complete information. You will ensure that your details are updated. If a password is issued, it is your responsibility to ensure the password is not revealed. Cubo Corp cannot and will not be held responsible for a breach of security. You will agree to immediately notify BackBone Softwares at the first instance if a breach has occurred.
The technology and software essential to our sites and the Services is the property of Cubo Corp. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software essential to our sites or the Services. You agree not to modify the software essential to our sites in any manner or form, or to use modified versions of such software, including the purpose of obtaining unauthorised access to our sites.
Without limiting the above mentioned, you agree that you will not use our sites to take any of the following actions:
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our sites;
- Collect or store personal information about other end users;
- Interfere with or disrupt our sites, servers or networks;
- Impersonate any person or entity, including, but not limited to, a BackBone Softwares representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
Domain Names and Hosting
Notwithstanding that the Client may be named as Registrant the Agency retains all title to domain names registered until all applicable domain name registration fees have been paid in full by the Client. If payment is not received within our terms the domain name registration will be cancelled and the Client will be responsible for the payment of all fees, loss of profit and administration costs incurred. Should the Client apply for re-tagging or any other registration changes before all outstanding amounts on the Clients account have been paid in full, the Client will be responsible for all expenses incurred by the Agency in collecting payment for the name or for renewal fees.
The Agency accepts no responsibility for the use of any domain name or for any conflict with trademarks or with proprietary rights to names in other contexts.
The Agency reserves the right to withhold IPS tag changes and name registration changes until all outstanding invoices on the Clients account have been paid in full. In the event that at a Clients behest Nominet changes the tag without our agreement, the Client will be responsible for all our resultant administration and debt collection costs.
All domain names, website hosting and email hosting are registered for a minimum period of one year. The Agency shall provide reasonable notice to the Client for renewal of a service. If you do not wish to continue you must provide minimum 30 days notice to the Agency in writing otherwise the next twelve month period charges will be payable in full.
The Agency is responsible for email services only if explicitly subscribed to through a hosting package. The Agency provides two types of email mailboxes, Standard Mailbox and Advanced Mailbox. Advanced mailboxes include virus scanning and spam filtering, and can be accessed by roaming SMTP. Advanced mailboxes also feature 1GB space, whereas Standard mailboxes are limited to 50 MB.
The company reserves the right to refuse service and/or access to its servers to anyone.
- The Company does not allow any of the following content to be stored on its servers:Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content.
- Excessive download content or non-linked content.
- Any material that infringes UK or International Law or the Law of the Land for which the website operates.
The Company reserves the right to move your data to a different server or data centre with no previous notice.
If you exceed the limits on our database products, bandwidth or web space then we will automatically charge you for the additional space you use at our current prices.
The Agency will do it best to provide 99.99% uptime at all times, however, in the unfortunate event of a server failure, the Client will hold the Agency free from any liability.
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 Internet browser software. The Agency 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 Agency to achieve the required result.
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 Agency will advise the Client of such and send a further quotation to the Client. Payment for any further alterations will have to be made in full before work can commence. Upon completion of agreed design, the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.
Depending on the scope and type of project, the Agency will provide the Client with artwork ideas. It is the responsibility of the Client to provide feedback in writing either by electronic or postal mail. If the client does not communicate with the Agency and provide comments or any feedback with alterations or express any dissatisfaction within 21 days from the date artwork was submitted for approval, the Agency reserves the right to continue with the project towards completion and invoice as necessary and as stipulated in the agreed scope of works or order form. Any request for change to artwork provided after the time period specified will be subject to charge at the Agency hourly rate prevalent at the time.
On completion of a website development project, the Agency will present the final website to the client for sign off. If the client does not communicate with the Agency and provide comments or any feedback with alterations or express any dissatisfaction within 21 days from the date the completed website submitted for final sign off, the project will be deemed as ‘accepted’ thus closed. Any requests made after the time period specified will be billed on an hourly basis at the rate prevalent at the time. Any requests made whether during the time period stipulated or not if related to artwork or functionality will be chargeable. Changes will only be addressed if the Agency have not followed or have worked outside of the agreed scope of works or brief agreed and signed off.
If the Client requests 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 Agency reserves the right to quote separately for these alterations.
If optimised pages are included as part of the project, the Agency will optimise the Client’s web pages that already make up part of the project. Optimised pages are not the creation of new pages. The optimisation of the web pages can include meta tags, keywords, description, title, alt tags and text provided by the Client.
The Agency endeavours to create pages that are accessible to search engines.
However, the Agency 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 project, which does not allow the design or code to match the original specification, then the Agency agrees to provide a fix or alternative solution.
The Agency at all times applies reasonable skill and care in provision of services.
On request, the Agency can create a copy of the website on one CD to be posted to the Client on project completion and settlement of the final balance. A small charge will be made to cover the cost of this, unless agreed otherwise. The Client will not be able to receive any code, extension, application or graphical element that remains the intellectual property of the Agency unless explicitly agreed in writing with the Agency.
Once the project is completed, the Agency will upload the website to the Client’s live web address if included as part of a project.
The Agency reserves the right to assign subcontractors in whole or as part of a project if needed.
All communications between The Agency and Client shall be by telephone, email, Skype or postal mail, except where agreed otherwise in writing.
Prices are subject to change without notice.
- All quoted prices are exempt of VAT.
- All invoices must be paid in full within 14 days of the invoice date, except where agreed at the Agency’s own discretion.
- The Agency reserves the right to decline further work on a project if there are invoices outstanding with the Client.
- The Agency reserves the right to refuse or terminate any site or part of a site in the event that fees are not paid.
Engage in any illegal activities
You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities, only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.
Unauthorised access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Cubo Corp for use in accessing our sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our sites except those automated means that we have approved in advance and in writing.
Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites.
We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.
We do not certify that our site will be error free. We are not responsible for any potential damages to your computer system or loss of data as a result of any material you download from our site. That is solely your responsibility.
You agree to defend, indemnify, and hold harmless Cubo Corp, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Site or the Site Content, including without limitation claims against Cubo Corp for unsatisfactory performance of services listed on the Site, or your violation of this User Agreement.
Liability and Warranty Disclaimer
The Agency endeavours to provide a website within given delivery time scales to the best of its ability. However, the Client agrees that the Agency is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
The Client agrees that the Agency 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 Agency 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 The Agency to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Agency reserves the right to cancel forthwith any projects and invoice the Client for any work completed. All files and material will become the property of the Agency until settlement has been made in full.
The Agency 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.
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 Agency and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.
The Agency 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 Agency 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 at law.
These Terms and Conditions is a legal document under the exclusive jurisdiction of Indian Law.
This contract remains in force and need not be renewed.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
The Agency reserves the right to alter these Terms and Conditions at any time without prior notice. The latest Terms and Conditions can be updated and notify to you.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this User Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This User Agreement is personal to You and You may not transfer, assign or delegate this User Agreement to anyone without the express written permission of Cubo Corp. Any attempt by You to assign, transfer or delegate this User Agreement without the express written permission of Cubo Corp shall be null and void. This User Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and Cubo Corp.
The User Agreement and the agreements referenced in this User Agreement comprises the entire agreement between You and Cubo Corp with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site.