Terms

This is an agreement between the client and SYCGeeks for web-related services that is the only agreement between the client and SYCGeeks. This document constitutes the entire agreement between SYCGeeks and the client for the conditions described herein and supersedes all prior understandings, oral or otherwise, between the two parties. Any changes to this agreement is at the discretion of solely SYCGeeks and the latest terms can be found on the company website (www.sycgeeks.com/terms). Both parties intend to be legally bound by the terms and conditions of this agreement as stated herein.

Definitions

Terms used in this Agreement and not otherwise defined shall have the following meanings:

“Agreement” means this agreement and the annexed schedules which are deemed incorporated herein, together with any future written and executed amendments.

“Client Content” means all of the materials supplied by Client to SYCGeeks for display or use in connection with Web Site, including text, audio and/or visual works, photos, and brand materials such as trade names, service marks, or logos owned or licensed by Client, including all copyrights, and trademark, patent, and trade secret rights vested therein.

“Website” means the website designed and maintained by SYCGeeks for Client.

“Developer Materials” means any computer software, tools, HTML script, know-how, techniques, concepts, or ideas related to the design, development, or implementation of the Web Site and any text, visual displays, audio recordings, video, or other works of authorship related to the display of the Web Site that are owned by BEAM LOCAL as of the date of this Agreement or that are licensed by BEAM LOCAL from a third party.

“Documentation” means the user documents that fully explain to Client the design and the operation of the Web Site.

“Web Site” means the branded site on the Internet that will be designed, developed, and implemented for Client by SYCGeeks under this Agreement.

Copyright/Trademarks

Client assures that he/she has obtained copyrights to all text, graphics, photos, designs, trademarks, artwork, and other materials provided to SYCGeeks to be published on the website. Client assumes sole responsibility for the protection of its copyright in any writing, pictorial illustration, maps, etc. included in its website. Client affirms that he/she has the right to use any trademark, trade name or service mark in the manner and in accordance with the information submitted. Client further affirms that he/she has the right to use any name, portrait, picture or illustration shown in the information submitted. SYCGeeks will not take legal responsibility for claims or suits resulting from using illegal materials. Any legal issues that arise due to illegal usage of materials and copyright issues shall be the sole responsibility of the client.

Project Delivery

If the client wants to sell products or services through the website, it is the responsibility of the client to make sure that the business is compliant with any law regulations. This includes business regulations, tax regulations, commerce law, regulations of accessibility and others related to a specific business or trade. SYCGeeks will not accept responsibility for the way clients use their website. If the client chooses to use their website for illegal or illicit purposes, it is entirely at the discretion of the client. SYCGeeks will not be liable or become involved in any disputes between the site owner and their clients or another party. SYCGeeks will not take legal responsibility for any wrongdoing on the part of a site user.

Source Code Intellectual Copyright

SYCGeeks necessarily retains the intellectual copyright to our product and methodologies, including but not limited to the database design, visual design, and software classes employed on our clientsʼ websites.

Website Maintenance

SYCGeeks provides ongoing website maintenance to guarantee quality and client satisfaction, and to ensure that the resulting website meets the clientʼs needs even after the work is finalized. In the event of the client requesting to end this agreement, all payments for work completed to date must be paid, and the client remains liable to SYCGeeks for such.

Even if the client decides they no longer want the site, because they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Ending this agreement does not relieve the client from his/her obligation to pay SYCGeeks work that has been completed.

Failure to Provide Required Website Content.

The client agrees to make available as soon as is reasonably possible to SYCGeeks all materials required to complete the site to the agreed standard within the designated period. In the event of clientʼs delay of delivery which interrupts the development of the website, SYCGeeks reserves the right to charge a $1/day late payment fee to the client’s current owing balance.

Payments

Payment can be made to SYC by cash, PayPal, or bank transfer. Payment of any balance is due within 14 days of the initial invoice date. SYCGeeks reserves the right to halt work on a project if the payment is late. If the payment is not received before 30 days after initial invoice date, there will be a late payment charge of $2.25/day. In such a case, all published materials will be removed from the client server until the payment is received. When the payment is received all work will be restored, pending an additional charge of $20 CAD for project restoration.

Travel Time and Expenses.

Unless stated otherwise in a contract, if any representative of our company needs to travel to client premises, SYCGeeks reserves rights to charge traveling costs as well as the work time cost for the time spent on traveling.

Cancellation

Clients may cancel their service with a 2 month notice in writing. If the cancellation date occurs in the middle of a payment period, the fee will be prorated based on the discretion of SYCGeeks. In the event of the client requesting to end this agreement, all payments for work completed to date must be paid, and the client remains liable to SYCGeeks for such. Upon the terminating event, SYCGeeks reserves the right to transfer in part or in whole any website or intellectual property which is the subject of this agreement.

Waiver of Contractual Right

If either party fails to enforce any provision of this agreement, both parties are still bound and obligated to comply with the terms and conditions stated in this agreement. SYCGeeks reserves the right to change or modify any of these terms or conditions at any time. Should SYCGeeks waive any of these terms on an individual basis, our decision to waive any terms on an individual basis will not affect the validity of remaining clauses or commit SYCGeeks to waive the same clause on any other occasion.

Governing Law

This agreement shall be governed by, interpreted and enforced in accordance with the laws of Canada applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be pursued in British Columbia, and the client irrevocably consents to the jurisdiction of such courts.

Severability

If a court finds that any condition or parts of this agreement are not valid due to a conflict of the part of the agreement with the law, then all others parts of the contract that are not conflicting remain valid.

Duty to Cooperate

The parties hereby acknowledge and agree that the successful completion of the services hereunder shall require the full and mutual good faith and cooperation of the parties. SYCGeeks has the right to take such actions with respect to the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as SYCGeeks in its sole discretion deems necessary to protect the value, reputation, and goodwill of the SYCGeeks. Please see sycgeeks.com/terms for the most current agreement.