#4460

1. Introduction

Overview: Elevate Your Online Presence with Wizard Design Cyprus

In today's digital age, every business needs a standout online presence, whether you're an online store or a traditional shop. At Wizard Design Cyprus, we've mastered the art of crafting impactful websites and web applications for clients worldwide. We're excited to offer to Wizard Design Cyprus a comprehensive solution, covering everything from website design to training and ongoing maintenance.

About Us: Where Creativity Meets Technology

Here at Wizard Design Cyprus, we're not just another company, we're a team of creative minds and tech enthusiasts. Our squad includes web designers, developers, and marketing experts, all working together to make your online dreams a reality. From crafting stunning websites to boosting your online visibility through SEO and marketing, we're your all-in-one solution. With a customer-focused approach, we deliver imaginative and effective results that set you up for success.

2. Scope of Work: Crafting Your Online Presence

In the initial development phase, Wizard Design Cyprus partners closely with you to bring your Wizard Design Cyprus project to life online. Our mission is to create a website that resonates with your brand, making it engaging and user-friendly. This exciting phase typically spans 1 - 1.5 months.

🎨 Branding-Aligned Design:

We'll weave your unique branding into the website's fabric, ensuring a seamless match that captures your essence.

📚 Empowering Training:

Navigating your new website will be a breeze, thanks to our comprehensive training. We're here to make sure you're in control.

🔧 Smart Content Management:

We'll install a user-friendly content management system, allowing you to effortlessly update your website whenever you like. Our commitment doesn't stop at installation; we'll guide you through it.

✨ Extension Expertise:

When open-source isn't enough, we've got you covered. Any extensions needed for your content management system will be expertly sourced and integrated.

💼 Fixed-Rate Value:

Our design and consulting services are offered at a clear fixed rate as stated in the Fees section. If a service isn't listed there, it's considered extra and beyond the scope of this proposal. Let's embark on this exciting journey together! Wizard Design Cyprus is your dedicated partner in creating a compelling online presence.

3. Transparent Website Design Fees

To ignite your project, Wizard Design Cyprus requires a 50% deposit, kickstarting our collaborative journey. The deposit amount is €1,785.00, ensuring our dedication to your success. The remaining 50% is due upon the project's splendid completion.

🗓️ Timeline Commitment:

Within a span of 1 - 1.5 months from the initiation payment, we'll weave magic into your project, ensuring a timely and enchanting result. Together, let's make your vision a reality. With Wizard Design Cyprus, transparency and excellence are woven into every step of our journey.

4. Exceptional Support and Hosting

Service Description and Pricing:

🔧 24/7 Technical Support for Your Website:

Our dedicated technical support is here to guide you around the clock, ensuring your website runs smoothly. For just €150 per year (without VAT), rest assured that expert assistance is only a call away. The first year is on us, making it even more delightful.

🌐 Shared Server Solution - Powered by Performance:

Experience reliability with our shared server solution featuring 6GB SSD storage and daily backups. The first year is free, and beyond that, it's €170 per year (excluding VAT). But remember, the choice is yours – feel free to use your preferred hosting provider.

🔐 Secure with SSL:

Boost your website's security with an SSL certificate, enhancing user trust. It's only €50 per year (without VAT), and like our other offerings, the first year is complimentary. This extra layer of protection is optional but highly recommended. We're here to ensure your digital success. With Wizard Design Cyprus, exceptional support and hosting go hand in hand, making your online journey truly magical.

5. Terms and Conditions: Setting the Framework

This Agreement, established on October 3, 2023 finds its roots in Larnaca, Cyprus, and brings together the following entities:

On one side, Wizard Design Cyprus, a private limited liability company, registered under [HE 364361], with its base at Kalamon 21, flat 103, Leivadia 7060, Larnaca Cyprus, [ VAT no. 10364361P ], referred to as "The Company."And on the other side, Wizard Design Cyprus, represented by email [email protected], known as "The Client."

Together, these entities form the foundation of "the Parties" in this Agreement, striving to foster mutual understanding.

Preamble: Navigating the Path Ahead

WHEREAS:

• The Company, a vital information provider on the Internet, extends its services via its Web Server, facilitating storage and transfer. It also excels in website design, SEO, online marketing, and mobile application development.
• Designing and developing websites tailored to clients' business needs is a forte of The Company.
• The Client aspires to enlist The Company's expertise to craft a website for business or personal purposes.
• The Company embraces the task of serving The Client.

NOW, THIS AGREEMENT UNFOLDS AS FOLLOWS:

TERM OF APPOINTMENT: Guiding the Journey

The Company, in a spirit of collaboration, commits to creating a tailored website for The Client's business or personal needs, referred to as "The Services" herein.

This journey embarks from the moment of signing this Agreement and continues until the website's completion, delivery, and publication. This encompassing endeavor is set at a total amount of €3,570.00 , governed by the terms and conditions herein.

SERVICES PROVIDED: Crafting Excellence

With dedication, The Company undertakes to design and develop a responsive website that adapts seamlessly to any device. Upon request, this masterpiece can be housed on The Company's hosting server.

In return, The Client pledges to supply all necessary content, data, images, and trademarks within six weeks of this Agreement's signing. Mutual understanding is key, and both parties recognize that The Company's timeline hinges on timely cooperation from The Client. Any delays won't be the responsibility of The Company.

Navigating the Design and Development Voyage:

• Design Proof Presentation: The journey begins with The Company presenting a design proof for The Client's approval. The design's copyright remains The Company's until written consent is granted for its use.
• Testing and Approval: The Client has 5 working days to evaluate the website's alignment with agreed specifications.
• Building Brilliance: With design proof approval, The Company proceeds to complete the website.
• Review Meetings: 3-6 review meetings are scheduled for The Client to assess progress, with additional meetings incurring potential charges.

Meeting of Minds, Virtually or In-Person:

The Company values collaboration and is open to arranging meetings at their office, through virtual platforms like Skype, Zoom, or TeamViewer, or at The Client's location, if needed.

Building the Digital Canvas:

Both parties acknowledge that The Company doesn't validate provided content for accuracy, usability, or correctness. The Client's discretion guides the incorporation of The Company's suggestions.

Ownership and Responsibility:

Upon website completion, The Client solely manages and maintains it, unless an alternative agreement is reached. The Client commits to safeguarding the website against computer viruses.

Acknowledging Our Collaboration:

The Client agrees to attribute the website's creation to The Company by retaining a designated text and link on the website: "Website Designed and Developed by Wizard Design Cyprus or an agreed variation, linking back to https://wizard-design.com.cy

Together, we weave excellence into every pixel.

PAYMENTS: Navigating Financial Commitments

Joint Financial Understanding:

Both parties harmoniously acknowledge the agreed-upon payment for designing and building The Client's website. Financial dealings shall transpire as follows:

• 🔸 50% Deposit: The Client shall initiate the journey with a payment of 50% of the total amount upon signing this Agreement. This deposit secures your spot in our collaborative voyage.
• 🔸 Completion and Launch: Upon the triumphant completion and delivery of the website, The Client shall honorably settle the remaining balance prior to the grand launch.

Evolution and Flexibility:

In the event that substantial amendments or redesigns to functional or visual aspects of the website are sought, additional charges will apply beyond the initial quotation. Such instances might affect project timelines, as the additional work's cost will be mutually agreed upon.

Financial Punctuality:

Should any amount remain unsettled 14 days past the invoice date, The Company retains the prerogative to temporarily halt, withhold, or suspend services relating to the unpaid sums. Alternatively, this Agreement may be terminated upon notice.

Cancellation Considerations:

Should The Client decide to terminate this Agreement after website creation has commenced, a cancellation fee commensurate with the project's stage will be applied.

Deadline Dedication:

Both parties understand that missed project deadlines shall not incur refunds or discounts on the final agreed-upon price. Our commitment to quality is resolute, regardless of timeframes.

In harmony and mutual respect, we sail through financial matters, paving the way for digital brilliance.

AMENDMENTS: Shaping Mutual Agreements

For any alterations or changes to this Agreement or the Services, both parties recognize that these must be documented in writing and mutually accepted. If one party proposes an amendment that doesn't find accord, a collaborative discussion will be initiated in a spirit of goodwill.

In cases where amendments might translate into added costs beyond the agreed fees, The Company reserves the right to transparently charge The Client for these supplementary expenses.

WARRANTIES: Ensuring Commitment and Quality

🌟 Commitment and Authority: Each party stands by its capacity to enter into and fulfill this Agreement with due authority.

Company's Assurance: The Company guarantees the execution of its obligations with a reasonable level of skill, care, and diligence. Further, the use of The Company's materials by The Client will not trespass on any third-party intellectual property rights.

🌟 Client's Assurances: The Client assures ownership or authorized licensure of intellectual property rights for all content used in the website. This use won't encroach upon third-party intellectual property rights.

🌟 Content Integrity: The Client confirms that their website's content is devoid of defamatory, obscene, or law-breaching elements to the best of their knowledge. It adheres to applicable laws and regulations.

In the spirit of collaboration, we forge a path where commitments, creativity, and respect intertwine.

This Agreement, dated the October 3, 2023 is entered in Larnaca, between:

Wizard Design Cyprus, a private limited liability company registered in Cyprus under company registration number [HE 364361], registered office at Kalamon 21, Flat 103, Leivadia 7060, Larnaca, Cyprus and VAT no. [ Number ] (hereinafter referred to as ‘‘The Company’’ for the purposes and terms of this Agreement) on the one part;

-and-

Wizard Design Cyprus email [email protected] (hereinafter referred to as ‘‘The Client’’ for the purposes and terms of this Agreement) on the other part.

Hereinafter collectively referred to as “the Parties” for the purposes and terms of this Agreement.

PREAMBLE

WHEREAS

The Company is an information provider connected to the Internet, offering storage and transfer services over the Internet through access to its Web Server. It also provides services in regards to website design, SEO, online marketing and mobile application development ; andThe Company designs and develops websites to suit the business needs of their clients; andThe Client wishes to employ the Company to design and develop a website for their business or personal use; and The Company agrees to serve the Client.

NOW THEREFORE THIS AGREEMENT WITNESSES AS FOLLOWS: -

TERM OF APPOINTMENT:

The Company hereby agrees to design and develop a website for the business or personal use of the Client (hereinafter referred to as ‘‘The Services’’ for the purposes and terms of this Agreement).

The term for the Services shall commence from the date of signing hereof until completion, delivery and publication of the website of the Client for the total amount of €3,570.00 subject to the terms and conditions herein.

SERVICES PROVIDED:

The Company hereby undertakes to design and develop a website for the Client, which will work on any device and, if further requested, will be installed on the Company's hosting server.

The Client hereby undertakes to provide the Company with all content, data, images and other information and all trademarks, trade names and logos required to design and build the website not later than 6 weeks from the date this Agreement has been signed.

Both Parties acknowledge that the Company's ability to complete the website is dependent upon the full and timely co-operation of the Client. The Company shall not be responsible for any delays or additional expenses incurred due to the late delivery or non-delivery of the Client's content.

Both Parties hereby acknowledge that the design and development process of the website will be as follows:

The Company will begin the design of the website and will produce and deliver temporarily a design proof for the Client's< approval. The design copyright of the proof shall remain the sole property of the Company. Use of the design in any respect without the Company's written consent, will constitute breach of copyright. The Client will have a period of 5 working days to test the website to ensure it conforms with the specifications in accordance with the agreement between the parties.Once the Company receives the Client's approval of the design proof, it will proceed to complete the design and build the website and it will have no further obligations to undertake any orders from the Client regarding amendments.

The Company hereby agrees to arrange 3-6 review meetings with the Client, in order for the Client to review the website. For more meetings, the Client may be charged accordingly.

Both Parties hereby agree that the Company is not obliged to visit the Client every time at their offices. Mettings may also be arranged at the Company's office or via Skype, Zoom or Teamviewer.

Both Parties hereby acknowledge that the Company shall make no effort to validate the information provided by the Client for content, correctness or usability. It is also up to the Client whether they decide to follow the Company's ideas and suggestions in building the website.

Both Parties hereby acknowledge on completion of any website, it is the sole responsibility of the Client to manage his website. The Company will no longer be responsible for the website, unless an alternative agreement has been reached.

The Client hereby agrees to use his best endeavours to ensure that his website content is and will at all times remain free of all computer viruses, malware viruses or backdoor viruses.

The Client hereby agrees to retain a text with link to https://www.wizard-design.com.cy, on their website, after the delivery of the website. The text will be as below: “Website Designed and Developed by Wizard Design Cyprus” or similar agreed form.

PAYMENTS:

Both Parties hereby agree that payment of the amount agreed above, for designing and building the Client's website, will be made by the Client, as follows:
• 50% of the total amount shall be paid by the Client upon signing of the present Agreement (deposit).Upon completion and delivery of the website, the Client shall pay the Company the balance, before the website's launch date.
• Both Parties hereby acknowledge that if the Client requires any major amendments or reconsiderations to any functional or visual designs of the website, the Company will charge him extra from the quotation already given by this initial Agreement and this might cause delays on the website's deadlines. The price for the extra work will be subject to agreement between the parties.
• In the event that any amount remains unpaid 14 days after invoice date, the Company reserves the right to discontinue, withhold or suspend services to the Client, to whom such unpaid amounts relate, until payment has been made in full, or terminate this Agreement upon notice.
• Both Parties hereby agree that if the Client terminates the present Agreement, after the Company has undertaken the creation of the website, a cancellation fee will apply based on the stage of the creation of the website.
• Both Parties hereby agree that there will be no refunds due or discounts on the final price agreed due to not meeting the deadline of the project.

AMENDMENTS:

Any amendments or variations to this Agreement or the Services must be made in writing and agreed between the Parties. Where one party does not agree with the proposed amendment or variation, the Parties shall meet and discuss the proposed changes in good faith.

Where any changes would result in additional expenses to the Company over and above the fees, the Company shall be entitled to charge the Client for the additional expenses.

WARRANTIES:

Each party warrants that it has full power and authority to enter into and perform this Agreement.

The Company warrants that it will perform its obligations under this Agreement with reasonable skill, care and diligence and that the Client's use of any of the Company's materials will not infringe any third party intellectual property rights.

The Client warrants that he, or his licensors, is the owner of any intellectual property rights in the content used in the Client's website and that the Client has authority to use the content in relation to the website and that the Company's use of this content in accordance with this Agreement will not infringe any third party intellectual property rights.

The Client confirms that to the best of their knowledge and belief that the content in their website does not contain anything which may reasonably be considered defamatory or obscene and do not breach any applicable law or regulation.

TERMINATION: Transitioning Paths

Both parties jointly recognize that if The Client fails to provide requested information, material, or equipment within a reasonable timeframe, The Company holds the prerogative to terminate any existing agreement. A week's notice shall be extended in writing to The Client, and in such cases, The Client shall be responsible for resulting damages.

Termination may occur under the following circumstances:

• 📅 By Company's Notice: A 30-day notice period is granted when The Client breaches any term of this Agreement.
• 📆 Arrears in Payments: If The Client defaults on payments for a month after the due date, The Company reserves the right to immediately terminate services without prior notice.
• 🕊️ Unlawful Usage: If The Company deems that The Client employs services for fraudulent, unlawful, or prohibited activities per Cyprus laws, or if The Client's usage affects server performance, immediate termination is possible.
• 💼 Winding Up: If The Client enters winding up or liquidation proceedings, this Agreement terminates.
• 🚫 Material Breach: If a party commits a significant or persistent breach of obligations under this Agreement, termination may follow.
• 💡 Unremedied Breach: If a breach persists without remedy, termination becomes viable.
• 📜 Conflicting Regulations: If laws or regulations conflict with this Agreement's terms, The Company may suspend services or terminate the Agreement without liability.
• 🔚 Expectation Discrepancy: If either party's expectations are not met, termination may occur. The Client would compensate The Company for completed work as per this Agreement, receiving all developed materials.
• ⏰ Mutual Agreement: Termination might also transpire as stipulated elsewhere in this Agreement.

Mutual Right to Terminate:

This Agreement can be terminated by either party, giving 14 days' written notice. The Company holds the right to terminate service without penalty if The Client fails to uphold this Agreement's terms.

Settling Financial and Material Matters:

Upon termination, The Client remains liable for outstanding payments and direct or indirect damages. The return or destruction of materials, documents, and manuals provided by The Company is expected.

Transitioning Together:

In the realm of transitioning, both parties undertake to act responsibly, ensuring the continuity of our professional relationship while forging new paths.

PRIVACY POLICY AND CONFIDENTIALITY: Guarding Shared Trust

With mutual respect, both parties commit to safeguarding each other's privacy. All provided information will be handled securely, ethically, and aligned with the Laws of the Republic of Cyprus.

Confidentiality Beyond Borders:

Neither party shall unveil the other's personal information to third parties without explicit consent from the other party.

A Pact of Secrecy:

Throughout this Agreement's duration and even post-termination, both parties pledge not to disclose any confidential information. This spans business, trade secrets, technicalities, finances, marketing strategies, and the Agreement's terms. Exceptions may apply under law, court orders, regulatory bodies, or assisting third parties.

Honorable Use of Confidential Data:

Both parties solemnly vow to exclusively use the other party's confidential information for fulfilling their obligations under this Agreement.

Data Security:

While The Company cannot ensure absolute data security during Internet transmission due to uncontrollable variables, every reasonable effort will be made to protect transmitted personal information. In this journey of collaboration, trust, and shared aspirations, we stand united in preserving privacy and confidentiality.

INTELLECTUAL PROPERTY RIGHTS: Nurturing Creative Ownership

Client's Role in Copyright Protection:

The Client takes the reins in safeguarding copyright for designs meticulously crafted by The Company, particularly for The Client. This encompasses actions like design registration.

Ownership and Responsibility of Content:

The Client recognizes the onus of owning copyrights, reproduction rights, trademarks, and materials used in the project. Failure to fulfill this responsibility necessitates indemnification of The Company for any resulting ownership-related expenses.

for Content Consequences:

The Client bears full responsibility for the outcomes stemming from the content within printed materials, websites, or commissioned projects.

DISCLAIMER: Guiding Expectations

Content Liability and Copyright Acknowledgement:

The Company, along with its employees, officers, directors, shareholders, agents, representatives, attorneys, suppliers, and merchants, shall not be held accountable for any information hosted on The Client's website or printed literature. Such content remains The Client's copyright and intellectual property. If The Company incurs reasonable legal costs due to The Client's content, The Client agrees to indemnify The Company against any court-awarded claims.

Deadline and Technical Challenges:

The Company will not be liable for monetary losses stemming from missing Service deadlines. Neither will The Company be accountable for direct, indirect, secondary damages, or profit losses resulting from technical issues beyond its control, such as internet disturbances, server downtime, or software glitches.

Limiting Liability:

Under no circumstances, including negligence, shall The Company, its offices, agents, or any other contributor, be held liable for damages arising from service usage, mistakes, omissions, interruptions, data deletions, errors, or delays. This applies whether due to acts of God, communication failure, or unauthorized access.

Continuity and Integrity Acknowledgement:

The Client acknowledges that The Company cannot ensure continuous service, specific service times, or the integrity of data transmitted via the Internet.

Enduring Understanding:

Both parties recognize that the terms within this Disclaimer shall endure beyond any Agreement termination between The Company and The Client. This Disclaimer's spirit remains, guiding our understanding and expectations.

In a realm where challenges and possibilities intertwine, we find balance in acknowledging our limitations and commitments.

FORCE MAJEURE: Beyond Our Control

Limiting Liability for Unforeseen Circumstances:

The Company shall be exempt from any liability for delays or failure in fulfilling contractual obligations due to war, flood, storm, fire, accident, civil unrest, government actions, power supply failure, equipment malfunction, lockout, strike, subcontractor or employee default, or any other cause beyond reasonable control. Such events shall not incur liability for loss, damage, or expenses suffered by The Client or third parties, whether directly or indirectly linked to these circumstances.

Indemnification:

Client's Liability and Indemnification:

The Client undertakes to indemnify, hold harmless, and be liable to the Company for both direct and indirect damages, encompassing financial losses and property damage. This indemnification arises from any claims, suits, actions, demands, proceedings, and associated expenses brought forth by third parties against the Company. Such claims stem from the Client's utilization of services in breach of this Agreement or for unlawful, prohibited, or fraudulent purposes.

Moreover, the Client commits to indemnifying and safeguarding the Company against any claims made by third parties relating to illegal internet content stored within the Client's website.

Limitation of Liability:

The Parties agree that the Company's liability to the Client in connection with this Agreement, whether due to tort, contract, or other causes, and whether resulting from delivery failure, non-performance, defects, breach of warranty, or any other cause, will not surpass the total service fee already paid by the Client to the Company for the services rendered.

The Company assumes no liability for any loss or damage incurred by the Client due to:

• Network failures or the Client's inability to access their website or services due to Internet or telecommunications network issues.
• The presence of viruses, worms, or similar malicious devices.

The Client acknowledges their responsibility to ensure that their website complies with the laws of all jurisdictions in which it is promoted or accessible.

All terms within this Agreement pertaining to damage claims initiated by the Company against the Client due to Agreement termination will persist even following the termination or cancellation of this Agreement.

Prohibited Uses:

The Client is expressly prohibited from utilizing the Company's services for any activities deemed fraudulent, unlawful, illegal, or prohibited. This includes engaging in tortious or actionable conduct, disruptive behavior, controversial actions, or any other activities contravening Laws or this Agreement.

Upon detecting the Client's breach of this Agreement's terms, the Company holds the right, at its reasonable discretion, to promptly remove offending content from the Client's website, terminate website hosting, and/or notify relevant authorities. Reinstating hosting is at the Company's sole discretion and may occur upon adequate proof of the Client's right to utilize the disputed content.

Entire Agreement:

The Parties mutually affirm that this Agreement, in conjunction with any referenced documents incorporated herein, prevails over all preceding discussions, negotiations, and agreements. This Agreement constitutes the sole, comprehensive understanding between the Parties concerning the covered matters and subject matter herein. Supplementary terms regarding this Agreement's subject matter shall only be enforceable if mutually agreed upon in writing by both Parties.

It is expressly understood that the Company retains the prerogative to modify this Agreement at its sole discretion. Such modifications take effect upon posting on the Company's website or as stated in any requisite notice subsequently provided by the Company.

Assignment:

The Client acknowledges that any assignment or transfer of rights or obligations from this Agreement to a third party necessitates prior written consent from the Company. Any such attempt at assignment is null and void, carrying no legal effect.

The Company reserves the right to assign its rights to agents or subcontractors for fulfilling obligations under this Agreement, without seeking prior consent from the Client.

Limitation of Liability:

The Parties agree that the Company's liability to the Client in connection with this Agreement, whether due to tort, contract, or other causes, and whether resulting from delivery failure, non-performance, defects, breach of warranty, or any other cause, will not surpass the total service fee already paid by the Client to the Company for the services rendered.

The Company assumes no liability for any loss or damage incurred by the Client due to:

• Network failures or the Client's inability to access their website or services due to Internet or telecommunications network issues.
• The presence of viruses, worms, or similar malicious devices.

The Client acknowledges their responsibility to ensure that their website complies with the laws of all jurisdictions in which it is promoted or accessible.

All terms within this Agreement pertaining to damage claims initiated by the Company against the Client due to Agreement termination will persist even following the termination or cancellation of this Agreement.

Prohibited Uses:

The Client is expressly prohibited from utilizing the Company's services for any activities deemed fraudulent, unlawful, illegal, or prohibited. This includes engaging in tortious or actionable conduct, disruptive behavior, controversial actions, or any other activities contravening Laws or this Agreement.

Upon detecting the Client's breach of this Agreement's terms, the Company holds the right, at its reasonable discretion, to promptly remove offending content from the Client's website, terminate website hosting, and/or notify relevant authorities. Reinstating hosting is at the Company's sole discretion and may occur upon adequate proof of the Client's right to utilize the disputed content.

Entire Agreement:

The Parties mutually affirm that this Agreement, in conjunction with any referenced documents incorporated herein, prevails over all preceding discussions, negotiations, and agreements. This Agreement constitutes the sole, comprehensive understanding between the Parties concerning the covered matters and subject matter herein. Supplementary terms regarding this Agreement's subject matter shall only be enforceable if mutually agreed upon in writing by both Parties.

It is expressly understood that the Company retains the prerogative to modify this Agreement at its sole discretion. Such modifications take effect upon posting on the Company's website or as stated in any requisite notice subsequently provided by the Company.

Assignment:

The Client acknowledges that any assignment or transfer of rights or obligations from this Agreement to a third party necessitates prior written consent from the Company. Any such attempt at assignment is null and void, carrying no legal effect.

The Company reserves the right to assign its rights to agents or subcontractors for fulfilling obligations under this Agreement, without seeking prior consent from the Client.