1. Scope of Services

 

CyberCradle provides the following digital services:
 

• Website Development which constitute static, dynamic and e-Commerce website development

• Mobile Application Development also referred to as Mobile App Development

• Search Engine Optimization and Implementation also referred to as SEO Implementation
   

Each project is customized according to the client's needs and requirements. Specific project details, timelines, and deliverables will be agreed upon mutually before the commencement of work and project initiation. A project refers to a temporary endeavor undertaken by CyberCradle to deliver the digital service(s) as specified in the client's requirement. Each project results in a unique outcome, such as a custom website, mobile application, SEO implementation.
 

The order form will outline the complete scope of the project including but not limited to:
 

• Detailed deliverables

• Service package inclusions

• Project timeline and milestones

 

2. Contract and Acceptance

 

Offers made through order forms are valid for 4 weeks. If not signed and returned within this period, the offer is deemed void. Upon acceptance of the offer, the client is bound by these Terms & Conditions. This means that the client agrees to these Terms & Conditions.

The project timeline and deliverable or deliverables will be mutually agreed upon, depending on the type and scope of the project. This would be documented and defined in the order form.

 

3. Payment Terms

 

Payment shall be made in two installments: 50% of the total project cost is due upon acceptance of the offer, and the remaining 50% is payable after project completion and delivery.

The offer is deemed accepted once it is signed by an authorized representative of the company, organization, or responsible party. 

The customer shall appoint an internal contact person who will coordinate and facilitate all necessary internal work and ensure effective communication and adherence to agreed deadlines. This designated contact will serve as the primary liaison between the customer and CyberCradle, overseeing the internal review process and ensuring the availability of required resources to meet the project timeline.

The offer is considered accepted upon signing of the order form, which binds the customer to the agreed payment terms. Payments must be made within 14 days of the invoice date without any deduction.

All prices are quoted in Euros (€) and exclude applicable VAT unless specified otherwise.

 

4. Additional Services and Costs

 

Any changes or additional requirements after the order form has been signed must be requested in writing. These changes will be evaluated, and additional costs will be communicated before implementation. Clients may request upgrades or additional services, which will be quoted separately. The updated order form must be signed to confirm acceptance.

 

5. Client Responsibilities and Usage

 

The client must provide all necessary information and materials promptly to facilitate the completion of the project according to the agreed timeline. The client is solely responsible for using the delivered digital service(s), including website development, mobile app development, SEO Implementation, and SEA Implementation, at their own risk. This includes ensuring adequate security measures such as but not limited to password management, data protection, and regular software updates to safeguard the digital service(s) provided by CyberCradle. CyberCradle shall not be liable for any issues arising from the client's failure to maintain these security measures.

 

6. Intellectual Property Rights

 

Upon full payment, the client receives complete ownership and intellectual property rights of the delivered project. CyberCradle reserves the right to showcase completed projects in its portfolio unless the client requests confidentiality in writing.

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7. Liability and Warranty

 

CyberCradle strives to ensure service availability but is not liable for interruptions due to factors beyond its control, such as technical issues, force majeure events, or third-party failures. CyberCradle is not liable for:

 

• Hacking, data breaches, or any malicious activity on the client's website or app after project delivery.

• Downtime or malfunctioning caused by external factors or client-side mismanagement.

• Any damages, losses, or issues arising post-delivery, including but not limited to data loss, third-party modifications, or user errors.

 

Upon project delivery, the client assumes full responsibility for maintaining and securing the website or application. This includes implementing and managing security measures to protect against hacking, unauthorized access, or other security breaches. CyberCradle shall not be held liable for any issues that arise due to the client's failure to maintain these security protocols.

The use of CyberCradle's services is entirely at the client's own risk. In the event of any claim related to services provided, CyberCradle's liability is limited to the amount paid by the client for those services.

 

8. Refund and Cancellation Policy

 

All cancellation requests must be made in writing and are subject to the conditions outlined below.

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8.1 Cancellation Before Project Completion:

 

The initial 50% payment is non-refundable, as it covers project planning, resource allocation, and initial execution. If the project is cancelled after work has commenced but before delivery, CyberCradle reserves the right to retain the initial payment in full. No further charges will apply unless additional services beyond the initial scope have already been performed, in which case they will be invoiced separately.

 

8.2 Cancellation After Project Delivery

 

Once the project has been delivered, cancellations are no longer accepted under any circumstances. The remaining 50% of the total project cost remains due and must be paid in full within 14 calendar days of the invoice date. Until this final payment has been received, CyberCradle retains full ownership and all intellectual property rights to the delivered service or product. In the event of non-payment or delay beyond the stated payment term, CyberCradle reserves the right to suspend access to the service, restrict administrative privileges, or take the deliverables offline entirely, without liability for any resulting disruption.

 

8.3 For Consumers (B2C Clients)

 

Consumers are entitled to withdraw from this contract within 14 days without providing any reason, in accordance with § 355 of the German Civil Code (BGB) and the EU Consumer Rights Directive. To exercise this right, the consumer must submit a clear and written notice of withdrawal to CyberCradle within 14 calendar days from the date the contract was concluded. A model withdrawal form will be provided upon request.

 

However, if the consumer explicitly requests that CyberCradle begin executing the service before the end of the 14-day withdrawal period, and also provides written confirmation acknowledging that the right of withdrawal is forfeited once the contract has been fully performed, the right of withdrawal shall no longer apply after full delivery of the service. In such cases, the consumer agrees that no refund or cancellation will be possible after the service has been completed in full.

 

9. Governing Law and Jurisdiction

 

These Terms & Conditions are governed by the laws of the Federal Republic of Germany.

Any disputes arising from or related to these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany.

 

10. Confidentiality and Data Protection

 

1. Data Handling: CyberCradle processes personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

2. Data Use Consent: By engaging CyberCradle's services, the client consents to the processing of their personal data as necessary for project execution.

3. Third-Party Services: If third-party services are utilized, CyberCradle ensures that such parties comply with GDPR requirements.

4. Data Subject Rights: Clients have the right to access, rectify, or request deletion of their personal data. Requests should be directed to info@cybercradle.de.

5. Non-Disclosure: Both parties agree to keep confidential all information designated as confidential, except where disclosure is required by law or necessary for the performance of services.

6. Duration: This confidentiality obligation remains in effect even after the termination of the contract.
    

11. Amendments to Terms & Conditions

 

CyberCradle reserves the right to modify these Terms & Conditions at any time. Clients will be notified of significant changes. Continued use of services after such modifications constitutes acceptance of the revised terms.

 

12. Miscellaneous

 

If any provision of these Terms & Conditions is found to be unenforceable or invalid, the remaining provisions will remain in effect.These Terms & Conditions constitute the entire agreement between CyberCradle and the client, superseding any prior agreements or communications.