Terms & Conditions

Terms & Conditions

Terms and Conditions

Website design, development and other services Terms and Conditions

These terms and conditions are applicable to all development and web design projects that are undertaken by Caribbean Phoenix Technologies know as (“CPTPR”) for the purpose of this contract, unless otherwise stated in official correspondence.

  1. Quotation: Quotation remains valid within 15 days(Unless otherwise stipulated in the quote), and “CPTPR” reserves the right to alter the charges amount after quotation expires.

  2. Payments: “CPTPR” will start working on a project upon receiving down payment. Remaining payments are due according to the payment plan of the client's package stated on the client's contract and the billing information submitted by the client will be used to process the payments on the date(s) stated on his/her invoice (contract). Balance payment is due after completion of the work prior to release of the materials or server upload. Charges for the project do not cover release of source flash or png files, and these files are subject for extra fees. Websites are made live upon completion of the project, when all payments are cleared. If applicable, hosting and domain name registration fees must be paid according to plan chosen.2. Additional services come at additional fees, based on our hourly rates. If clients require additional services, the correspondent fee is added to their invoice and they are charged accordingly. Changes or derivations from original project questionnaire and/or proposal may require additional fees.

  3. Payment Deadlines and Penalties: In order for “CPTPR” to remain in business, payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received within 15 days of the due date. If an amount remains delinquent 10 days after its due date, an additional 5% penalty will be added for each month of delinquency. “CPTPR” reserves the right to remove web pages from viewing on the Internet until final payment is made, unless there is a good faith dispute regarding fees in which event the parties will negotiate in good faith to resolve any such disputes. In case collection proves necessary, the client agrees to pay all fees incurred by that process in addition to any late penalty fees. If payment or compensation is not received by due date, “CPTPR” reserves the right to terminate User Service agreement, unless charges are paid in full. Please pay on time.

    • When hired to work on existing projects “CPTPR” did not initially develop we require a retainer. Once the retainer is exhausted you will be invoiced for all work to date. We will require you to deposit additional funds. No additional work will be performed without a positive account balance. On larger projects the client will be billed every 30 days or as agreed upon by both parties.

  4. Completion Date: The date of the work completion is agreed by “CPTPR” and the Client on the stage of submitting the project to “CPTPR”. Time frame estimates are approximate only and are subject to change. As in any project that consist of programming and/or graphic design delays may occur.

    Delays in project completion may occur when:

    • There is a delay in any payments
    • The client requests further changes in the design, structure, or content of the project
    • The client purchases an additional service related to the project
    • Does not provide us with design expectations and production information such as colors, logo, layout, data and any other material necesary before “CPTPR” begin working, or if the client changes his/her mind frequently
    • There is a delay in the receipt of any materials from the client
    • Desires complicated elements like a database, hover buttons, flash, virtual tours, printable pages, custom programming features etc.
    • Wants “CPTPR” to work with third party designers or consultants
    • Wants “CPTPR” to purchase third-party software for specific design or development requests.
    • Programming BUGS no previously encountered

  5. CPTPR” will under no circumstances be held responsible to satisfy unreasonable expectations or requests that lie beyond the scope of “CPTPR” offer of services to its client. It is “CPTPR” discretion to decide whether or not a request or an expectation is reasonable or lies within the scope of offer of services to its client. In other words, “CPTPR” will make all the necessary efforts to satisfy the client within the framework of its original agreement with the client, according to “CPTPR” understanding.

  6. User-Submitted Designs: In the event “CPTPR” is called upon to work with a user-created design/layout, and the client decides to cancel, the client will be responsible for any and all costs incurred prior to the date of cancellation. The most successful designs are the ones we create. If you wish to design your project and decide to cancel because you do not like your design, you will be doing it at your expense. We will not be held responsible for your design decisions.

  7. Once a client of “CPTPR”, you authorize “CPTPR” to charge the payment method you submitted for all the invoices generated for the services rendered by “CPTPR”. In order to change your payment method, simply contact your project manager prior to your payment's due date.

  8. Refund Policy: The termination of services provided by “CPTPR” must be requested by the Client in a written form and is deemed to be effective on receipt of written request. If request is received prior to schedule date of work commencing, the Client receives refund excluding bank fees and a penalty in amount of 10% of total project cost. If request is received on the development stage, all advance payments are non-refundable. Payments for hosting services are non-refundable. Purchase of a ready products, are non-refundable. If we have completed more then 20% of your design, and you decided to cancel you will forfeit your deposit as well as any other fees incurred including additional design and programming hours. Hours are billed at an hourly rate - Graphic Design, Video related work, Consultation, Reunions and Pre Design with client or client third party designers or consultants, Programming: Flash, Java, Coldfusion, PHP, ASP and any other required to the completion of the project. $100.00 per hour in 20 minute increments.

  9. It is important to understand that we cannot make our project resources available to a project indefinitely as we have other obligations. If a project stalls or a client becomes unresponsive for more than 3 weeks, the project will become "inactive" and a re engagement fee of 20% of the total project cost will be assessed upon reinitiating the project. If there is no meaningful activity for 35 days the project may be terminated without refund.

  10. All payments are final unless stated in section 8.

  11. For security reasons, “CPTPR” always:

    • Prevents unauthorized access, maintains data accuracy, and ensures the correct use of information, through appropriate physical, electronic, and managerial procedures to safeguard and secure the information it collects online and offline.
    • Hires the services of reliable third party companies to manage credit card information and payment gateway secured encryptions for the websites of its clients. Such companies charge fees per transaction and/or fees per month for which the client is responsible. Most such companies offer various fee plans to best suit the needs of the client's business depending on the volume of the client's online transactions.

  12. Any prices appearing on this site are subject to change without notice. These prices are solely informative and “CPTPR” is not necessarily committed to them for your project. To receive a free quote for your project, email us at info@cptpr.com or use our contact form HERE.

  13. Legal Notice: Not with standing anything to the contrary contained in this contract, neither “CPTPR” nor any of its employees or agents warrants that the functions contained in the Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Project is with the Client. In no event will “CPTPR” be liable to the Client or any third party for any indirect or consequential damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if “CPTPR” has been advise of the possibility of such damages.

  14. Non-Disclosure: “CPTPR”, its employees, and subcontractors agree that, except as directed by client, it will not at any time during or after the term of this contract disclose any confidential information to any person what so ever.

  15. Electronic Commerce Laws: The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Design Project or any other services contemplated herein, and will hold harmless, protect, and “CPTPR” and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

  16. Copyright: The Client retains copyrights to files, data and graphic images, provided to “CPTPR”, and grants “CPTPR” the rights to use such materials. The Client is responsible for granting “CPTPR” permissions to use these materials and agrees to hold “CPTPR” harmless from any claims resulting from the Clients inability to obtain necessary permissions. By agreeing with Terms and Conditions, the Client guarantees that he possesses all necessary permissions and authorities. “CPTPR” reserves the right to request the evidence of these.

  17. Post project alterations:CPTPR” is not responsible for any subsequent alterations made by the Client or any third party after supplying the ready project to the Client. On request of the Client, “CPTPR” may provide post project alterations. Such alterations will be the subject to additional charges.

  18. Liability:CPTPR” is not responsible for any consequent or indirect damages that may be the result of use of its products or services, including delays, data loss or service interruption. The Client agrees that “CPTPR” is not responsible for any external force-major factors that may result in termination of service. “CPTPR” makes no warranties for the provided services and products other than technical errors or oversights.

  19. General: Terms and Conditions supersede all previous agreements or understanding. By signing Terms and Conditions or paying advance fee the Client substitutes his agreement to Terms and Conditions.

  20. If in the event your account is put into collection and we litigate and win you will be responsible for fees including legal fees incurred by “CPTPR

  21. This agreement constitutes the sole agreement between “CPTPR” and the Client regarding the outlined project. Any additional work not specified within your contract or invoice will be billed at additional fees.