Terms & Conditions

These Terms and Conditions constitute a legally binding agreement between you ("Client", "You", or "Your") and HAGECYBER ("Company", "We", "Us", or "Our") governing your access to and use of our website, products, services, and any related applications (collectively, the "Services").

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

• "Services" refers to all digital solutions provided by HAGECYBER including but not limited to website development, software development, cybersecurity consulting, UI/UX design, mobile app development, server configuration, and digital marketing.
• "Deliverables" means all work products, code, designs, documentation, and materials created by HAGECYBER as part of the agreed scope of work.
• "Project" refers to a specific engagement between the Client and HAGECYBER with defined scope, timeline, and deliverables.
• "Intellectual Property" includes all copyrights, trademarks, patents, trade secrets, and other proprietary rights associated with the Deliverables.
• "Confidential Information" means any non-public, proprietary, or sensitive information disclosed by either party during the course of the engagement.
• "Milestone" refers to a specific stage or checkpoint in the Project timeline with associated deliverables and payment terms.
• "Third-Party Services" refers to external platforms, APIs, hosting providers, payment gateways, and other services not directly controlled by HAGECYBER.

HAGECYBER provides professional digital solutions including website design & development, custom software development, e-commerce solutions, education & healthcare management systems, cybersecurity consulting, mobile application development, server & cloud infrastructure, UI/UX design, and digital marketing services.

• Scope Definition: The specific scope of work, deliverables, timeline, and pricing for each Project will be detailed in a separate Statement of Work (SOW) or Project Proposal agreed upon by both parties.
• Changes to Scope: Any changes to the agreed scope must be requested in writing. HAGECYBER reserves the right to adjust timelines and pricing for scope changes. Additional work outside the agreed scope will be billed separately.
• Third-Party Dependencies: HAGECYBER is not responsible for delays caused by third-party services, APIs, or platforms. We will communicate any known dependencies before project commencement.
• Client Responsibilities: The Client agrees to provide all necessary content, materials, access credentials, and feedback in a timely manner. Delays caused by Client inaction may result in timeline extensions.
• Technology Stack: Unless otherwise agreed, HAGECYBER will select the most appropriate technology stack based on project requirements, performance needs, and industry best practices.

• Payment Methods: We accept bank transfer, PayPal, Stripe, and major credit cards. All payments are processed in USD unless otherwise agreed.
• Late Payments: Payments not received within 7 days of the due date may incur a late fee of 5% per month. Projects may be paused for overdue payments exceeding 14 days.
• Currency & Taxes: All quoted prices are in USD. The Client is responsible for any applicable taxes, duties, or transfer fees in their jurisdiction.
• Price Validity: Quotes are valid for 30 days from the date of issue unless otherwise specified. Prices may be revised after this period.
• Additional Costs: Third-party costs (domain registration, hosting, SSL certificates, premium plugins, stock images) are billed separately and are the Client's responsibility unless included in the SOW.

• Timeline Estimates: All timelines provided are estimates based on the agreed scope. Actual delivery dates may vary based on Client feedback speed, scope changes, and third-party dependencies.
• Client Delays: If the Client fails to provide required materials, feedback, or approvals within 5 business days of request, the project timeline will be extended accordingly. HAGECYBER is not liable for delays caused by Client inaction.
• Delivery Format: Deliverables will be provided in the format specified in the SOW. Source code, design files, and documentation will be transferred upon final payment.
• Acceptance Period: The Client has 7 business days from delivery to review and accept deliverables or request revisions. Failure to respond within this period constitutes acceptance.
• Force Majeure: Neither party shall be liable for delays caused by circumstances beyond reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, internet outages, or third-party service failures.

• Client Ownership: Upon full payment, the Client receives full ownership of all custom code, designs, and deliverables specifically created for their project. This excludes third-party libraries, frameworks, and open-source components which remain under their respective licenses.
• HAGECYBER Rights: HAGECYBER retains the right to use general methodologies, techniques, and know-how developed during the project. We may showcase the completed project in our portfolio unless explicitly prohibited by a signed Non-Disclosure Agreement (NDA).
• Pre-Existing IP: Any intellectual property owned by either party before the engagement remains the property of that party. This includes proprietary frameworks, code libraries, and design systems.
• Open Source: Where open-source components are used, the Client agrees to comply with the applicable open-source licenses. HAGECYBER will inform the Client of any significant open-source dependencies.
• Trademark: The Client is responsible for ensuring their brand name, logo, and content do not infringe on third-party trademarks. HAGECYBER is not liable for trademark disputes.

• Confidentiality Obligation: Both parties agree to keep all Confidential Information strictly confidential and not disclose it to any third parties without prior written consent, except as required by law.
• Information Security: HAGECYBER implements industry-standard security measures to protect Client data. This includes encrypted communications, secure file transfers, access controls, and regular security audits.
• Data Handling: Upon project completion or termination, HAGECYBER will return or destroy all Client Confidential Information within 30 days, except for backups retained for legal or operational purposes.
• Employee Confidentiality: All HAGECYBER team members are bound by confidentiality agreements. We do not share Client information across projects without explicit permission.
• Public Disclosure: Neither party shall make any public announcement regarding the engagement without the other party's prior written consent, except as required by law or regulatory authorities.

HAGECYBER is committed to protecting personal data in compliance with applicable data protection laws including the General Data Protection Regulation (GDPR) for European clients, the California Consumer Privacy Act (CCPA) for US clients, and other regional privacy regulations.

• Data Processing: When processing personal data on behalf of the Client, HAGECYBER acts as a Data Processor and the Client acts as the Data Controller. We will only process personal data in accordance with the Client's instructions.
• Data Security: We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including encryption, pseudonymization, and regular security testing.
• Data Breach Notification: In the event of a personal data breach, HAGECYBER will notify the Client without undue delay and within 72 hours of becoming aware of the breach.
• Data Subject Rights: We will assist the Client in responding to data subject requests (access, rectification, erasure, portability, restriction of processing) as required by applicable law.
• Sub-Processors: HAGECYBER may engage sub-processors (hosting providers, cloud services) for project delivery. A current list of sub-processors is available upon request.
• Data Transfer: For international data transfers, we ensure appropriate safeguards are in place, including Standard Contractual Clauses (SCCs) where required.

• Warranty Period: HAGECYBER provides a 30-day warranty period from the date of final delivery for bug fixes related to the agreed scope. This warranty covers defects in functionality but does not cover changes in requirements or new features.
• Limitation of Liability: To the maximum extent permitted by law, HAGECYBER's total liability shall not exceed the total amount paid by the Client for the specific project giving rise to the liability. We are not liable for indirect, incidental, special, consequential, or punitive damages.
• No Warranty for Third Parties: HAGECYBER makes no warranties regarding third-party services, plugins, or integrations. Issues arising from third-party changes or discontinuation are not covered under our warranty.
• Security Warranty: While we follow security best practices, HAGECYBER cannot guarantee that systems will be completely immune to security breaches. The Client is responsible for maintaining security post-delivery, including regular updates and patches.
• Disclaimer: Except as expressly stated, all services are provided "as is" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

• Included Revisions: Each project includes up to 3 rounds of revisions within the agreed scope. Additional revision rounds will be billed at our standard hourly rate.
• Revision Requests: All revision requests must be submitted in writing with clear specifications. Vague requests such as "make it better" or "I do not like it" without specific guidance do not constitute valid revision requests.
• Post-Launch Support: Unless a separate maintenance agreement is in place, HAGECYBER provides 14 days of complimentary bug-fix support after launch. Ongoing support requires a monthly retainer agreement.
• Maintenance Services: Optional maintenance packages include security updates, performance monitoring, content updates, backup management, and technical support. Pricing is available upon request.
• Response Times: For clients with active support agreements, we aim to respond to critical issues within 4 hours during business hours (9 AM - 6 PM UTC, Monday-Friday). Non-critical issues will be addressed within 24 business hours.

• Cancellation by Client: The Client may cancel the project at any time by providing written notice. Refunds will be calculated based on the completion percentage at the time of cancellation.
• Cancellation by HAGECYBER: HAGECYBER reserves the right to terminate the engagement if the Client breaches these Terms, fails to make payments, or engages in abusive behavior. In such cases, no refund will be issued for work already completed.
• Non-Refundable Items: Deposits for custom development work, purchased third-party licenses, domain registrations, and hosting fees are non-refundable once incurred.
• Refund Processing: Approved refunds will be processed within 14 business days to the original payment method. Processing times may vary depending on the payment provider.

• Good Faith Negotiation: In the event of any dispute, both parties agree to first attempt to resolve the matter through good faith negotiation within 30 days of written notice of the dispute.
• Mediation: If negotiation fails, the parties agree to submit the dispute to non-binding mediation before a mutually agreed mediator. Mediation costs will be shared equally.
• Arbitration: If mediation is unsuccessful, the dispute shall be finally resolved by binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC). The arbitration shall be conducted in English.
• Class Action Waiver: Both parties agree to resolve disputes on an individual basis and waive any right to participate in class actions, collective proceedings, or representative actions.
• Injunctive Relief: Nothing in this section prevents either party from seeking injunctive or other equitable relief in court to prevent irreparable harm.

HAGECYBER serves clients globally. The governing law and jurisdiction for disputes will depend on the Client's primary location as follows:

• Right to Modify: HAGECYBER reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date.
• Notification: Material changes to these Terms will be communicated to active clients via email at least 30 days before becoming effective. Continued use of our Services after such changes constitutes acceptance.
• Project-Specific Terms: For ongoing projects, the Terms in effect at the time of project commencement will govern that project unless both parties agree to updated Terms in writing.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Entire Agreement: These Terms, together with any SOW or Project Proposal, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and negotiations.

If you have any questions, concerns, or requests regarding these Terms, please contact us through any of the following channels:

• WhatsApp: +252634484695 (Fastest response)
• Email: legal@hagecyber.com (Legal inquiries)
• General Support: support@hagecyber.com
• Live Chat: Available via Live Support Portal
• Contact Form: Contact Page