Terms & Conditions

Acceptance of Terms

By accessing cybermagnet.net or any of its subpages, submitting a contact or enquiry form, booking a consultation, purchasing a digital product, or entering into a service agreement with CyberMagnet, you confirm that:

• You are at least 18 years of age, or the legal age of majority in your jurisdiction
• You have the authority to enter into binding agreements on behalf of yourself or the business you represent
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy

Services

CyberMagnet provides digital marketing, web design, SEO, branding, content, automation, and related services (“Services”) to businesses. The specific scope, deliverables, timeline, and pricing of any engagement will be set out in a separate Service Agreement, Statement of Work, or Proposal (“Service Agreement”) provided to you.

In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall take precedence.

• We reserve the right to decline any project at our discretion
• Services may be provided remotely or in person as agreed
• We may engage qualified subcontractors to assist in delivering Services; we remain responsible for the quality of all deliverables
• Digital products sold through our website are governed by these Terms and any product-specific terms communicated at purchase

Client Responsibilities

To enable us to deliver Services effectively, you agree to:

• Provide accurate, complete, and timely information, materials, access credentials, and feedback as reasonably requested
• Designate an authorised point of contact with the authority to approve deliverables and provide direction
• Ensure that any materials, content, images, or assets you provide to us do not infringe third-party intellectual property rights and are lawful for use in the way requested
• Pay invoices in accordance with the agreed payment schedule
• Notify us promptly of any changes to your business that may materially affect the scope or delivery of Services

Delays caused by failure to fulfil these responsibilities may result in revised timelines, additional fees, or suspension of Services, for which CyberMagnet shall not be liable.

Payment & Fees

All fees, payment schedules, and methods will be specified in your Service Agreement or at the point of purchase.

• Invoices are due within the number of days specified on the invoice (typically 7 or 14 days)
• Setup fees are generally non-refundable once work has commenced
• Monthly retainers are billed in advance and are non-refundable for the current billing period
• Late payments may incur a late fee of 1.5% per month on the outstanding balance
• Digital products are sold as-is with no refunds unless a product is materially defective or not as described
• We reserve the right to suspend Services if payment is overdue by more than 14 days
• All prices are in US dollars unless otherwise stated

Intellectual Property

Our pre-existing materials: All tools, methodologies, templates, frameworks, software, code libraries, and other proprietary materials developed by CyberMagnet prior to or independently of your engagement (“Background IP”) remain the sole property of CyberMagnet. We grant you a non-exclusive, non-transferable licence to use Background IP solely as incorporated into your deliverables.

Client deliverables: Upon receipt of full payment for a project, CyberMagnet assigns to you all ownership rights in the custom deliverables created specifically for you (excluding Background IP, third-party assets, and stock content).

Your materials: You retain full ownership of any content, images, data, branding, or materials you provide to us. You grant CyberMagnet a licence to use such materials solely for the purpose of delivering Services.

Portfolio use: Unless you expressly request otherwise in writing, you grant CyberMagnet the right to display and reference completed work in our portfolio, case studies, and marketing materials.

• Digital products sold on our website remain the intellectual property of CyberMagnet; purchase grants you a personal, non-commercial, non-transferable licence to use the product unless otherwise specified
• You may not resell, sublicense, reproduce, or distribute our digital products without written permission

Confidentiality

Both parties agree to treat as confidential any non-public business information, strategies, pricing, data, or materials disclosed during the course of an engagement (“Confidential Information”).

• Confidential Information shall not be disclosed to third parties without prior written consent, except as required by law
• This obligation survives the termination of your engagement with us for a period of two (2) years
• Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by legal process

Results & Disclaimers

We are committed to delivering high-quality work and genuine effort on every engagement. However:

• Results depend on many factors outside our control, including market conditions, platform algorithm changes, client responsiveness, competition, and budget
• Our website and services are provided “as is” without warranties of any kind, express or implied
• We do not warrant that our website will be uninterrupted, error-free, or free of viruses

Limitation of Liability

To the maximum extent permitted by applicable law:

• CyberMagnet’s total liability to you for any claim arising out of or related to our Services shall not exceed the total fees paid by you to CyberMagnet in the three (3) months preceding the claim
• CyberMagnet shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities, even if advised of the possibility of such damages
• These limitations apply regardless of the legal theory under which the claim is brought

Indemnification

You agree to indemnify, defend, and hold harmless CyberMagnet, its members, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms or any Service Agreement
• Your use of our Services or website in violation of any applicable law
• Any materials, content, or information you provide to us that infringes third-party rights or violates any law
• Any claim by a third party arising from your business operations or the use of deliverables we provide

Termination

By you: You may terminate an ongoing Service engagement by providing written notice as specified in your Service Agreement (typically 30 days). Fees for work completed and any non-cancellable third-party costs incurred up to the termination date remain payable.

By us: We may suspend or terminate Services immediately if:

• You breach these Terms or a Service Agreement and fail to remedy the breach within 10 business days of written notice
• Payment is overdue by more than 30 days
• You engage in conduct that is abusive, harassing, fraudulent, or illegal

Upon termination, licences granted to you for deliverables not yet fully paid for will revert to CyberMagnet until payment is received.

Website Use

You agree not to use our website to:

• Engage in any unlawful, harmful, fraudulent, or deceptive activity
• Transmit any viruses, malware, or other harmful code
• Scrape, crawl, or harvest data from our website without express written permission
• Attempt to gain unauthorised access to any part of our website or systems
• Impersonate CyberMagnet or any employee or representative

We reserve the right to restrict or terminate your access to our website at any time without notice.

Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or your use of our Services shall be resolved as follows:

• Informal resolution first — you agree to contact us at [email protected] and attempt to resolve any dispute informally before initiating formal proceedings
• Binding arbitration — if informal resolution fails within 30 days, disputes shall be submitted to binding arbitration in Dallas County, Texas, under the rules of the American Arbitration Association
• Class action waiver — you agree to resolve disputes only on an individual basis and waive the right to participate in a class action lawsuit or class-wide arbitration
• Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction

Changes to These Terms

We may revise these Terms at any time. Material changes will be communicated by updating the “Last Updated” date on this page. Continued use of our website or Services following any changes constitutes your acceptance of the revised Terms.

For ongoing service engagements, material changes to Terms that affect the commercial relationship will be communicated directly and will not apply retroactively to signed Service Agreements without your consent.

Contact Us

Questions about these Terms? We’re straightforward people — reach out and we’ll give you a straight answer.