TERMS & CONDITIONS

  1. Warranties and Liability: Deebyte guarantees the website or application’s quality and functionality according to normal, reasonable, and standard web design industry standards and in accordance with outlined design/development standards and Project Agreement deliverables. However, this warranty will be void if anyone other than Deebyte, modifies, maintains, or changes the code of the website. Deebyte does not warrant nor guarantee the success of the website in regards to user traffic, revenue generation or search engine results. If provided for in the Project Agreement, Deebyte agrees to make all best efforts in marketing and supporting the promotion of the website but cannot guarantee user responsiveness nor search engine position. If Deebyte provides consulting, support, advice, or decision-making for or on behalf of client, Deebyte is in no way liable or responsible for (but not limited to) results, success, revenue generation, press response, site traffic, etc.
  2. Complaints: Clients experiencing problems with any product or service provided by Deebyte shall raise the matter immediately via e-mail to Deebyte by e-mailing This email address is being protected from spambots. You need JavaScript enabled to view it.. Clients should provide sufficient information to locate the material in question and clearly outline the grounds for the complaint. Deebyte will subsequently approach the individual responsible for the complaint with a view to resolving the matter based on industry standards. The formal complaints procedure shall only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally or where a satisfactory conclusion has not been reached after following the informal procedure above. A formal complaint should be made in writing, via e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.. We will acknowledge receipt with an initial response via e-mail within five (5) business days and ensure that the a full and considered response to the complaint will be completed within twenty (20) business days and any subsequent remedy implemented with the minimum of delay.
  3. Refunds: The Initial Project Deposit is non-refundable under any and all circumstances except cancellation, in writing, within 5 business days of the Project Agreement being signed (subject to cancellation policy details outlined in this document).  Refunds for work paid for above and beyond what the non-refundable Initial Project Deposit covers may be granted at Deebyte's discretion, but hours worked thus far within a project will be billed pro-rate at our standard hourly rates. If you meet the refund eligibility requirements, you must request a refund in writing via e-mail (This email address is being protected from spambots. You need JavaScript enabled to view it.) to Deebyte who will acknowledge receipt with an initial response via e-mail within five (5) business days and ensure that a refund is granted, if applicable, within twenty (20) business days.
  4. Initial Project Deposit / Remaining Balance: A non-refundable deposit for at least 50% of a project is required from every client before any work is carried out. This non-refundable deposit functions as a "time block reservation", reserving Deebyte staff, affiliates, partners, and contractors for the project. This deposit is non-refundable under all circumstances, except when following the formal cancellation procedure, subject to Deebyte standard cancellation fees. Once the Initial Project Deposit is paid, the remaining project balance is due within 30 business days of the date of the Initial Project Deposit or when the project is completed, whichever comes first.
  5. Payments: You agree to pay all fees and charges specified when you signed with Deebyte, including recurring and nonrecurring charges, fees and any assessments applicable to the Service provided.
  6. Late Payment: Payment must be received by Deebyte within 10 business days of project invoice or the payment is late.  If Deebyte does not receive your payment before the 10th business day of the project invoice, you shall pay Deebyte an interest charge of 2% per month on all charges due and unpaid and 5% late charge on overdue (late) balance. All late charges will be compounded until all balances are paid.  Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of Deebyte rights to collect the full amount due including interest charges, if applicable.  Notice of any disputes must be in writing and received by us within 5 business days after you received your bill or you will waive any objection. If accounts are not settled or Deebyte has not been contacted regarding the delay, access to the related website or project may be denied and web pages removed.  Deebyte then reserves the right to utilize a collection service, arbitration, or litigation to collect payment and fees, if applicable.  Client agrees to pay reasonable attorney's fee if referred to an attorney. Reasonable attorney's fees are defined as 33% of the balance owed.
  7. Cancellation: If CLIENT wishes to cancel his/her project, he/she may do so in writing via e-mail (This email address is being protected from spambots. You need JavaScript enabled to view it.) only within the first five (5) business days after Initial Project Deposit has been received by Deebyte.  Any work done thus far on the project will be deducted from the Initial Project Deposit and billed at our standard hourly rates.  If the work that has been completed is beyond the amount covered in the Initial Project Deposit, the CLIENT shall be liable to pay for all work completed at our standard hourly rates. Additionally, a 15% cancellation fee will be assessed and deducted before a refund of the remaining balance is made.  If CLIENT violates Project Agreement (e.g. doesn't follow content requirements or exercises non-payment of fees), Deebyte reserves the right to cancel the project at any time.  All work done by Deebyte shall remain the property of Deebyte.
  8. Scope / Work Increase: An increase in the original scope of work outlined in the Cost Planning Estimate/Project Agreement shall require a change order and additional fees at our standard hourly rates. Also, pages, design hours, features, revision cycles, etc., above and beyond that which was quoted in the Cost Planning Estimate/Project Agreement shall require additional fees at our standard hourly rates. Changes or derivations from original Project Documentation (Project Questionnaire, Content, Sitemap, Technical Notes, Cost Planning Estimate, Project Agreement) shall require additional fees at our standard hourly rates. Client will be notified in advance before the occurrence of any additional fees beyond the Project Agreement.
  9. Maintenance: Unless Deebyte and Client enters into a formal Website Maintenance Agreement (contained within its own document), website maintenance is the sole responsibility of the Client.
  10. Expiration: If client chooses to neglect sending final and complete website content and filled out Project Questionnaire according to the Deebyte content delivery requirements, after twenty (20) business days the Project Agreement will be considered breached and Deebyte reserves the right to: 1) cancel the project and retain the 50% deposit, 2) retain the project and assess a 5% expiration fee every five (5) business days final content / questionnaire is not received and will be no longer able to guarantee or ensure a prompt project time-line, 3) retain the project without assessing an expiration fee, but Deebyte will no longer be able to guarantee or ensure a prompt project time-line, as Deebyte project scheduling is reliant upon prompt delivery of content/questionnaire by client as designers/developers are "reserved" for a set period of time.  If CLIENT does not provide reasonable/standard feedback or information needed to move forward with the project, the project will be considered expired after 20 business days, unless mutually agreed upon beforehand.
  11. Authorship Credit: Deebyte includes a byline and link on the bottom of Client's website(s) establishing authorship credit (e.g. "Website Design by Deebyte") and must be removed at any time upon request by Deebyte.  Deebyte also customarily creates case studies and includes all projects in our portfolio of work. If you do not want your project featured in our portfolio or case study section, you must notify us at the onset of a project in writing.
  12. Laws Affecting E-Commerce: The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Deebyte and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's use of e-commerce.
  13. Liability / Indemnification: Client hereby agrees than any material submitted for publication will not contain anything leading to an abusive or unethical use of the services provided by Deebyte.  Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. Client hereby agrees to indemnify and hold harmless Deebyte from any claim resulting from Client's publication of material or use of those materials.  Client hereby agrees to indemnify and hold harmless Deebyte in any claim resulting from the submission of illegal materials. If Deebyte shall acquire an Internet domain name or Internet hosting account on behalf of the Client, then in such case Client hereby waives any and all claims which it may have against Deebyte, for any loss, damage, claim, or expense arising out of or in relation to the registration of such domain name in any on-line or off-line network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of providing of this service by Deebyte. Under no circumstances, including negligence, shall Deebyte, its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use Deebyte's services; or that results from mistakes, omissions, interruptions, deletion, or loss files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access Deebyte’s records, programs, or services.  Client maintains sole responsibility for data back-ups and restoration.  Deebyte is not responsible for search engine mistakes or the activities of any third party website in relation to when/how they index a website. Client hereby acknowledges that this paragraph shall apply to all content of Deebyte services. Notwithstanding the above, Client's exclusive remedies for all damages, losses, and causes of actions whether in Project Agreement, or including negligence, or otherwise, shall not exceed aggregate dollar amount that Client paid during the term of the Project Agreement and any reasonable attorney's fee and court costs.
  14. Proprietary Rights: Deebyte agrees that designs developed and implemented for the Client will be the sole and exclusive property of the Client upon payment of all fees due to Deebyte.
  15. Image Usage and Purchases: Client is responsible for purchasing any and all images used if Client does not have ownership.
  16. Binding Effect:  Except as otherwise stated herein, all of the provisions of this Project Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties.
  17. Time-lines: Deebyte does not guarantee or promise specific delivery dates or time-lines unless in writing, in the Project Agreement, where Client is subject to Guaranteed Delivery Fee.  When this Guaranteed Delivery Fee is assessed and Deebyte fails to meet the delivery requirements (and client has met their corresponding Content Delivery Requirements) Deebyte will refund a percentage of the project amount based on the Project Agreement.  In all other cases (when Guaranteed Delivery Fee is not assessed) Deebyte provides average time-line scenarios on www.deebyte.com, during pre-sales conversations, within Cost Planning Estimates, within the Project Agreement, etc.  These time-lines are averages based on historical data and optimum delivery by CLIENT of content and filled out Project Questionnaire, quick and responsive revision cycles, and lower-complexity project requirements.  Time-line estimations should be adjusted based on actual content delivery time by Client, actual number and length of revision cycles, and higher-complexity requirements.  Deebyte does not guarantee or promise delivery dates or time-lines unless otherwise stated in writing in the Project Agreement.
  18. Client Ownership: Client shall retain all right, title and interest including copyright and other proprietary or intellectual property rights to their completed project upon payment in full.
  19. E-Commerce Policies: Deebyte does not provide product photography or tax advice.  Deebyte only inserts ten (10) initial categories and ten (10) initial products into the Deebyte Store chosen by Client.  It is the Client's responsibility to configure "My Store" settings including contact information, sales tax information, shipping information, etc. though Deebyte can elect to assist Client with these configuration settings.
  20. Right of Refusal: Deebyte reserves the right to refuse to construct a website which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to internet laws.
  21. Prices/Rates: Deebyte reserves the right to alter prices/rates at any time without notice. If CLIENT has purchased any products or services from Deebyte prior to a change in prices/rates, that purchase will not be subject to any increase, but any subsequent purchases, may be subject to an increase.
  22. Returned Payments / Charge Backs: Any payment(s) returned by a bank or credit card company will incur a fifty dollar ($50) administration charge. This will be invoiced and will be added to the total outstanding debt owed by CLIENT. All bank disputes and bank issued charge backs result in the complete cancellation of Client's account. All bank disputes and charge backs are reported to the issuer's credit agency.
  23. Content Delivery Requirements: Project Questionnaire: After Initial Project Deposit is received by Deebyte, Deebyte shall promptly (within three (3) business days) e-mail Project Questionnaire link.  Client has twenty (20) business days after Initial Project Deposit is made to submit final, proofread Project Questionnaire to Deebyte.  Changes or derivations from Project Questionnaire submitted will be subject to additional fees based on our standard hourly rates. Text: All text must be delivered inside of the Project Content Word Document in Microsoft Word Document format.  Text must be final version. Images: All images should be included in the Project Content Word Document placed in the document where Client desires images to be placed on the website and Deebyte will assist as well.  Logo: Client logo should be delivered as a "source file" that is enlargeable and editable.  Example source file formats include .png, .tiff, .eps, and .psd.  Logo can be delivered via Internet (in "zipped" or "archived" format) or CD. E-Commerce Content: If Project Agreement is for an e-commerce related project, CLIENT must also provide ten (10) category titles and ten (10) product titles (also a description, code, picture, etc...), inside of a E-Commerce Content Word Document in Microsoft Word format to Deebyte via Internet (in "zipped" or "archived" format) or CD.
  24. Internet Marketing: All Internet marketing and/or search engine related products and services are provided without guaranteed results.  Deebyte can in no way control search engine(s) and therefore cannot provide guarantees on any results or search engine predictions.
  25. Privacy Policy: Deebyte will not collect any personal information about you unless you choose to provide us with such information (such as in the form of a proposal request, cost-planning estimate request, by emailing us, by contacting us, etc.).  If you do provide us with personal information, however, your information will be used internally by us to initiate sales overtures.  If we cannot service your project, however, we may also share your information with or refer you to our exclusive network of third party web design and development companies.  We may receive a commission for such referral.  You would not be obligated in any manner to enter into a contract with any such third party web design companies.  Upon providing your information, such third party web design companies may contact you directly, or we may help broker a contract between you and a third party web design company.  As a broker, we will not have any authority to bind you or such third party web design company.  You and such third party web design company will only have the power and authority to offer or accept any contract terms.  We will not be acting as anyone's agent, and our role will be to facilitate discussion and negotiation of contract terms between you and such third party web design companies.  Should you enter into a contract with a third party web design company, all web design and development services will come solely from the third party web design company, and not from us.  Alternatively, should we service your project and should you choose to hire us, we may share your information with certain third parties in the course of providing services (such as domain name registration, Internet marketing campaigns, web hosting, etc.) As with most Web servers on the internet, certain information is automatically collected and recorded. This includes, but is not limited to: your IP address (and hostname if available), the date and time you accessed our website and the type of browser and operating system you use. These are stored in a "log" file, which are private and the contents of which will not be released to a third party without your explicit consent.
  26. Copyrights: All text, designs, and imagery on this website: www.deebyte.com are copyright 2000-2016 Deebyte. Any components of this website may not be written, transmitted, or reproduced without the express written consent of Deebyte.
  27. Trademarks: The name and logo, Deebyte, is a trademark of Deebyte.  The slogan "Developing Ideas" is a trademark of Deebyte and cannot be used without Deebyte prior written permission.
  28. Office Hours: Deebyte is available during standard business hours (non-holidays) Monday-Friday from 9:00 AM - 5:00 PM.  We do not provide support or consulting outside of our normal office hours unless under special circumstances previously agreed upon in a Project Agreement.
  29. Modification and Wavier: A modification or waiver of any of the provisions of this Project Agreement shall be effective only if made in writing and executed with the same formality as this Project Agreement.  Failure of either party to insist upon strict performance of any of the provisions of the Project Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.
  30. Entire Agreement: This Project Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein.