Last Updated (2020-07-01)

Introduction

This Website Standard Terms and Conditions written on this webpage shall manage your use of our website, CYOAM accessible at cyoam.com.

The following Terms and Conditions of Service apply to all products and services provided by CYOAM Arts & Design and in the event of any dispute are governed by the laws of Bangladesh.

These Terms will be applied fully and affect your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Restrictions

You are specifically restricted from all of the following:

  • Publishing any Website material in any other media;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and CYOAM may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Assignment

The CYOAM is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Project Acceptance

At the time of the proposal, Cyoam Design will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the CYOAM Design website.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Cyoam Design.

Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.

For the avoidance of doubt, the Cyoam Design Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.

Design Charges

Charges for design services to be provided by Cyoam Design will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

Source Files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.

Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, PSD, AI, png, file or other source files or raw code; if the Client requires these files for transfer to an in-house or other designers, they will be subject to a separate quotation or ‘buy-out’ charge.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Cyoam Design.

Any invoice queries must be submitted by email within 14 days of the invoice date.

Accounts which remain outstanding for 30 days after the date of invoice, will incur a late payment interest charge at the Bank of Bangladesh Base Rate plus 8% on the outstanding amount from the date due until the date of payment.

Payments may be made by online transfer, PayPal, credit card (Visa, Mastercard), or Debit Card.

Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.

Publication and/or release of work done by Cyoam Design on behalf of the client, may not take place before cleared funds have been received.

Returned cheques will incur an additional fee of $50 per returned cheque. Cyoam Design reserves the right to consider an account to be in default in the event of a returned cheque.

Disclaimers

Your use of the website is at your sole risk. The website is provided on an “ as available ” basis, and the company does not warrant that the website or communications sent from the company or via the website are free of viruses or other harmful components. To the fullest extent permitted by applicable law, the company expressly disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The makes no warranty that: 

(i) The website will meet your requirements,

(ii) The website or the servers that make the website available will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components,

(iii) The results that may be obtained from the use of the website will be accurate, useful or reliable,

(iv) The quality of any services, information, or other material purchased or obtained by you through the website will meet your expectations, and,

(v) Any defects or errors of the website will be corrected.

No advice or information, whether oral or written, obtained by you from the company or from the website shall create any warranty not expressly stated in these terms of use.

Further, the Company is not responsible or liable in any manner for any Third Party Content on the Website, whether posted by the Company, by third parties, or by any of the equipment or programming associated with or utilized in the Website, or for any Third Party Sites. The Company does not control and is not responsible for Third-Party Content and is not responsible for any harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable content you may encounter on the Website or in connection with any Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Website.

Termination

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Cyoam Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.