Hyper-Creative.Net Terms & Conditions (“T&C”) describes the proper kinds of conduct and prohibited uses of Hyper-Creative.Net’s services (the “Services”). This T&C is not 100% exhaustive and Hyper-Creative.Net reserves the right to modify this T&C at any time, effective upon posting of the modified T&C at: https://hyper-creative.net/terms-conditions/
By registering/buying/requesting for and using the Services, customer automatically accepts our terms and conditions, you agree to abide by these conditions as modified from time to time. Any violation of the T&C may result in the suspension or termination of your requested service/s or such other action as Hyper-Creative.Net deems appropriate, please read specifics below.
- Hyper-Creative.Net – Romania
- Any person or company who choose Hyper-Creative.Net (The “Customer”)
Definition of Terms
Service – This refers to the work detailed within the Proposal or Quotation built by Hyper-Creative.Net and agreed to by the Customer (This excludes any support hours.)
Support Hours – Any time spent by Hyper-Creative.Net and paid for by or agreed by the Customer as not part of the service scope but purely giving support to the pre-existing works.
Hyper-Creative Portal – This is the service management tool used to keep the Customer updated on service progress and to allow the Customer to communicate directly with Hyper-Creative.Net.
New Requirements – This term refers to any additional feature or requirement requested by the Customer that was not included within the agreed Proposal or Quotation.
Third Party Works – This refers to any work, software, script or code that is not developed by Hyper-Creative.Net or the Customer
Service Creep – Additional changes requested in the service from the agreed specification set out in the Proposal or Quotation
1. The Services
1.1 Hyper-Creative.Net will:
(a) Design, develop and provide the Service as per the Proposal or Quotation provided to the Customer;
(b) Incorporate the functional features specified in the Proposal or Quotation agreed in writing by the parties, together with the Third Party Works (if any), into the service;
(c) Keep the Customer informed of the progress of the Service during design and development via the service management tool – Hyper-Creative Portal, emails and other ways of communications, as and when required.
(d) Provide the Customer with reasonable access to the Service for testing and acceptance.
(e) Deliver the Service to the Customer in accordance with the Proposal or Quotation and agreed payment terms.
1.2. Hyper-Creative.Net will use reasonable endeavours to perform the services in accordance with the timetable set out in the Proposal or Quotation; however, Hyper-Creative.Net cannot guarantee that that timetable will be met if there is delays from the Customer to provide the Customer Obligations (see below) or other unforeseen delays beyond the control of Hyper-Creative.Net.
2. Customer Obligations
2.1 The Customer will provide Hyper-Creative.Net with:
(a) Such co-operation as required by Hyper-Creative.Net (acting reasonably) to enable the performance by Hyper-Creative.Net of its obligations under this Agreement; and
(b) All information, content and documents required by Hyper-Creative.Net (acting reasonably) in connection with the provision of the Services.
2.2 The Customer will be responsible for procuring any Third Party Works (such as payment gateway accounts) to enable Hyper-Creative.Net to fulfil its obligations under this Agreement. If there is a delay in getting such Third Party Works by the customer beyond 10 working days, Hyper-Creative.Net will complete the agreed works and invoice the customer for agreed charges and the customer agrees to pay the invoice with 3 working days from the date of invoice.
2.3 The Customer will fulfil his/her obligations for the Service in accordance with the timetable set out in the Proposal or Quotation. The Customer acknowledges that any delays in providing Hyper-Creative.Net with essential feedback or updates during the service may cause the Service time-frame to be extended or service to be cancelled if is the case. ( Long delays, more than 3-5 days )
2.4 The Customer agrees that once the beta version of the Service has been provided, the payment for the Service is due. If the Customer has still not provided all content for the service at this stage, it does not mean that Hyper-Creative.Net have not done their job, this being the case Hyper-Creative.Net reserves the right to cancel the service or request the other % payment based on the work done.
2.5 The Customer hereby agrees to pay Hyper-Creative.Net the charges detailed and agreed in the Proposal or Quotation, as per the agreed terms of payment. If the Customer wishes to cancel the contract, the Customer agrees to pay any outstanding charges due to Hyper-Creative.Net calculated at the hourly rate of $50 plus VAT.
2.6 Hyper-Creative.Net may include the Credit together with a link to Hyper-Creative.Net’s website on each page of the Website in a position and in a form to be agreed by the parties. The Customer will retain any such Credit and link in an adapted version of the Website, and the Customer will (and will only) remove any such Credit and link from the Website at Hyper-Creative.Net’s request.
2.7 If Customers uses service/s in any illegal way/form, customer hereby indemnifies and undertakes to keep indemnified Hyper-Creative.Net against any and all damages, liabilities, cost, losses and expenses (including legal expenses) suffered and arising out of the use of the service/s provided by Hyper-Creative in such a way.
3. Payment Obligations
3.1 A down payment is required in order to begin provisioning your service. This is usually 50% of the upfront service fee, unless an alternative contract or proposal specifies a different amount.
3.2 The outstanding balance on your service is due after the service is marked as completed.. Final payment is due regardless of whether all content has been sent by the Customer to Hyper-Creative.net. This provision is in place to encourage the Customer to get content submitted promptly so that their service can go live. It also ensures that Hyper-Creative.Net gets paid for performing their duty under the proposal, despite tardy content from the Customer.
4. Delivery and Acceptance
4.1 Hyper-Creative.Net will use reasonable endeavours to deliver the service to the Customer for acceptance testing as set out in the Proposal or Quotation.
4.2 During the Acceptance Testing period (2 Days Maximum after service is marked as completed), the Customer will carry out acceptance tests to determine:
(a) Whether the service conforms in all material respects with the specification of the service within the Proposal or Quotation; and
(b) Whether the service has any Defects,
4.3 The Customer will inform Hyper-Creative.Net within the Acceptance Period, setting out in detail the respects in which the service does not meet the Acceptance Criteria; and
4.4 Hyper-Creative.Net will amend any issues that cause the Service not to work as per the agreed Proposal or Quotation.
4.5 The service will be deemed to have been accepted by the Customer if:
(a)the Customer does not give any notice to Hyper-Creative.Net under Clause 4.3, or
(b) the Customer publishes the service or uses part of it for any purpose other than development and/or testing.
4.6 Due to external factors we cannot offer any guarantees regarding the search engine position we will achieve for websites. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
5. Service Creep
5.1 If the Customer requests any additional requirement or feature that is not within the proposal this is considered as New Requirements
5.2 New Requirements will be quoted for and billed at a negociated hourly rate or service based + VAT
6. Service Cancellation
6.1 Hyper-Creative.Net reserves the right to cancel service at any time. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
6.2 If the service provisionig has already begun (e.g. creating a design concept, completing 50% of the service, etc.), then the down payment is non-refundable. Hyper-Creative.net my elect at its sole discretion to offer a partial refund depending upon the circumstances.
6.3 If this Agreement is terminated due to any violation of this T&C, any pre-payments, fees, or costs sent to Hyper-Creative.Net will not be pro-rated or returned to the Customer who’s Agreement was terminated.
6.4 Full refund: In cases where the down payment has been made and service provision has not been started we will provide a full refund minus transaction fees.
7. Lawful Purpose
Hyper-Creative.Net reserves the right to refuse service to anyone. customers may only use hyper-creative.net’s services for lawful purpose. transmission of any material in violation of any federal, state or local regulation is prohibited. this includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. the designation of any materials as such described above is left entirely to the discretion of Hyper-Creative.Net management. regardless of the place of signing this agreement, the Customer agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Iasi county, Romania, and any dispute will be litigated or arbitrated in Iasi county, Romania. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Iasi county courts. In no event shall Hyper-Creative.Net’s maximum liability exceed two hundred ($200) dollars.
Hyper-Creative.Net will deliver exactly as per described service on our site or on our Proposal / Quotation sent to the customer.
9. Fair Use Policy
9.1 Hyper-Creative.Net operates a fair use policy. We ask you to credit our company in your website footer. We will place this in a subtle position agreed to with you during the design phase. We ask for this as we take pride in every website that we create and view each and every website as an advertisement of the quality that we can offer.
9.2 We do not offer this on the basis that you delay going live when we have completed most of our work or that you then cancel the service with us without reason. Should there be a delay in going live caused by you we then reserve the right to ask for the 50% balance payment unless you have made other payment arrangements with us.
9.3 We reserve the right to include a screenshot of, and link to your completed website on the portfolio page of our website, review websites, and on any of our social media accounts.
Provision of content is customer’s responsibility, unless specifically negotiated ahead of time as part of the service proposal.
10.1 Text content
Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
10.2 Copy development
Should client wish Hyper-Creative.Net to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Hyper-Creative.Net Web Development interviewing the client about the topic areas to be addressed on their web pages. Hyper-Creative.Net then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
10.3 Graphical content
Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly fee.
All text and images submitted must be free of copyright. Red Website Design Ltd accepts no responsibility for any infringement of copyright law arising from any text or images used on your site. Text needs to be sent in a format that allows us to copy and paste, keeping the existing formatting in place.
11. Services Not Hosted by Hyper-Creative.Net
Should Customer decide to host their site on another server, Hyper-Creative.Net cannot guarantee the all elements of the site will work. Hyper-Creative.Net will make a reasonable effort to research the problem on the foreign platform to let the Customer know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Hyper-Creative.Net believes it will take a significant amount of time to fix the problem, we will advise the Customer before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
12. Website Maintenance
Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System. For work we do on the site after going live, we charge on an monthly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted monthly rate. If need be, we can customize a maintenance plan for your particular needs.
13. Website Maintenance Payment Obligations:
Depending upon the nature of the website changes, prepayment may be required. Should the Customer be invoiced after the changes are completed, the invoice is due upon reciept. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.
14. Stock Photography Payment Obligations
Stock photography includes most photos and/or images not provided by the Customer. Stock photography purchased on behalf of Customer for use in website development is billable at a minimum of $5 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $5, in which case we will solicit Customer approval and communicate the price before purchasing
15.Training and Tutorials
Because customer service is in integral part of our business strategy, all of our services include a one-time complimentary training session in order for our Customers to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.
16. Websites with Proprietary Source Code
Should Customer contract with Hyper-Creative.Net to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of Hyper-Creative.Net Web Development and cannot be shared with other developers. Customers are granted a license to use custom software code while on Hyper-Creative.Net servers only. Hyper-Creative.Net Web Development retains ownership of the code.
In some cases, Hyper-Creative.Net will install software for the Customer’s use that has been built by a third party. Examples include WordPress blog software, FCK editor software, shopping carts, photo galleries, etc. In these instances, Customers will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to the Customer.
Access to or transfer of proprietary source code could result in a security risk to Hyper-Creative.Net and its Customers who are running similar pieces of code. In order to provide custom software development services, Customers give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods. If Customers believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information. Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should Customer want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.
Website components that ARE transferable to another host include html code, graphics, logos, pictures, navigation, text, and the data residing within a database (but not the code). Hourly fees will apply for any special work that needs to be done to transfer those parts of website that do not violate the other paragraphs in this section.
Customer agrees that it shall defend, indemnify, save and hold Hyper-Creative.Net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Hyper-Creative.Net, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. customer agrees to defend, indemnify and hold harmless Hyper-Creative.Net against liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with Hyper-Creative.Net’s server.
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
- copyright infringement.
- any defective products sold to customer from Hyper-Creative.Net’s server.
18. What we collect
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
- Information supplied through quote request forms
19. What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
21.1 A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
21.2 We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
21.3 Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
21.4 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
22. Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
- Controlling your personal information
23.1 You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email protected]
23.2 We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
24. Adult Content
24.1 Adult content, pornography and sex-related merchandising are prohibited within the Hyper-Creative.Net Network. This includes sites that may infer sexual content or link to adult content elsewhere.
24.2 Because the internet is a global communication tool, it is difficult to dictate what is considered “adult content.” It is not our function to discriminate against those who choose to utilize adult content or adult related material. However, Hyper-Creative.Net has chosen to enforce its “no adult sites/products,” policy.
24.3 What is Adult Content?
- Sexually explicit pictures, writing, or other material/products whose primary purpose is to cause sexual arousal.
- Sexually explicit pictures, writing or any material/products that involves children (anyone under the age of 18) is strictly prohibited.
- Photos, videos or animated depiction showing nudity in women or men for non-scientific or non-artistic purposes.
- Any site whose revenue is gained all or in part from its adult content or products.
- Revenue-generating hyperlinks to sites that violate any part of descriptions 1-4.
24.4 Hyper-Creative.Net reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”.
25. Child Pornography
25.1 Our policy on child pornography is zero-tolerance. Hyper-Creative.Net will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their Customers over the Hyper-Creative.Net Network, and will be liable for illegal material posted by their Customers.
25.2 According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
25.3 Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
26. How do we protect your information?
26.1 Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
26.2 We use regular Malware Scanning.
26.3 Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
26.4 We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
26.5 All transactions are processed through a gateway provider and are not stored or processed on our servers.
27. Do we use ‘cookies’?
- Help remember and process the items in the shopping cart.
- Understand and save user’s preferences for future visits.
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
27.3 You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
27.4 If users disable cookies in their browser:
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.Some of the features that make your site experience more efficient and may not function properly.
28. Third-party disclosure
28.1 We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
28.2 However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
28.3 In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
- Within 1 business day
We will notify the users via in-site notification
- Within 1 business day
28.4 We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
29.1 Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
29.2 We use Google AdSense Advertising on our website.
30. Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
31. California Online Privacy Protection Act
32. According to CalOPPA, we agree to the following:
32.1 Users can visit our site anonymously.
Can change your personal information:
- By emailing us
- By calling us
- By logging in to your account
- By chatting with us or by sending us a support ticket
33. COPPA (Children Online Privacy Protection Act)
33.1 When it comes to the collection of personal information from children under the age of 18 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
33.2 We do not market or sell any services to children under the age of 17 years old.
34. Tax Charges
34.1 We charge VAT at 19% on all orders where the charge is applicable, as specified by HM Revenue & Customs.
34.2 Whether we charge VAT or not is based on a combination of the billing address country and the delivery address country, and is calculated as follows:
34.3 Where the billing address is within the UK or the European Union and the shipping address is within the UK or the European Union: VAT is charged at the 19% rate on both the goods and the shipping charges.
34.4 Where the billing address is within the UK or European Union and the shipping address is outside the UK or European Union: the order is exempt from VAT on both the goods and the shipping charges.
34.5 Where the billing address is outside the European Union and the shipping address is within the UK or European Union: VAT is charged at the 19% rate on both the goods and the shipping charges.
34.6 Where both the billing address and the delivery address are outside the European Union: the order is exempt from VAT on both the goods and the shipping charges.
34.7 Customers in the Channel Islands are exempt from VAT on both goods and shipping charges if both the billing address and the delivery address are within the Channel Islands.
34.8 All other orders are VAT free and we will deduct the VAT for you before we send out your order. Some overseas BFPO addresses are entitled to VAT free shopping. If you qualify for this, you must supply (by fax) a signed letter from your company C.O. before placing your order online. Regrettably we cannot refund VAT on any BFPO order after it has been completed and dispatched.
34.9 Any customs or import duties charged by the destination country must be paid for by the customer. We have no control over these charges, and rugbystore.co.uk cannot be held liable. Customs policies vary depending on the Country. If you require further information, contact your local customs office.
35. LawSuit Agreement
35.1 I (Customer) acknowledge and represent that neither I (Customer) nor any of my (Customer) representatives or assigns has filed or will file any Claim against Hyper-Creative.net brand with any federal, state, or local court or administrative agency, or in any forum, and that neither I (Customer) nor any of my(Customer) representatives or assigns is a party to any such Claim.
35.2 In addition, I (Customer) agree, on behalf of myself and my heirs, executors, administrators, representatives, successors and assigns, not to file or otherwise assert any Released Claim against Hyper-Creative.Net with any federal, state, or local court or administrative agency, or in any forum.
35.3 If either does so, and the action is found to be barred in whole or part by this Terms, the party asserting the claim found to be barred by this Terms agrees to pay the attorneys’ fees and costs, or the portions thereof, incurred by the party released hereby in defending against the Claim(s) which are barred by this Terms.
36.2 Hyper-Creative.Net will not be responsible for any damages your business may suffer. Hyper-Creative.Net makes no warranties of any kind, expressed or implied for services we provide. Hyper-Creative.Net disclaims any warranty or merchantability or fitness for a particular purpose. this includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hyper-Creative.Net and its employees. Hyper-Creative.Net reserves the right to revise its policies at any time.