Terms & Conditions

Automated Messages and Emails:

You will be receiving messages regarding your optin confirmation, booking confirmation and appointment reminders. Apart from this you will not receive any automated messages or emails.

Unsubscribe:

You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To cancel the appointment. Simply text "Cancel" to the shortcode and you will receive a confirmation regarding your cancelled appointment.

Support:

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected]

Delayed Messages:

Carriers are not liable for delayed or undelivered messages.

Message Frequency

As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive 5 messages 36 prior the appointment and one each upon optin and appointment no-show/cancel. For questions about your text plan or data plan, contact your wireless provider.

Privacy Policy

For privacy-related inquiries, please refer to our privacy policy: https://scale.cyber-construction.co/privacy-policy

4.0 Terms and Conditions

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in the Agreement, the receipt and

sufficiency of which consideration is herby acknowledged, the Client and Cyber-Construction, Inc. (individually the “Party” and collectively the

“Parties” to the Agreement) agree as follows:

Services Provided

1. The Client hereby agrees to engage Cyber-Construction, Inc. to provide the Client with the following computer services (the

“Services”) listed within the above portion of the proposal.

2. The Services will also include any other computer tasks which the Parties may agree upon. Cyber-Construction, Inc. agrees to

provide such services to the Client.

Term of Agreement

1. The term of this agreement (the “Term) will begin on the date of this Agreement and will remain in force and effect indefinitely until

terminated as provided in this Agreement.

2. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 30 days’ written notice to

the other Party.

3. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this

Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.

4. This Agreement may be terminated at any time by mutual agreement of the Parties.

5. Except as otherwise provided in this Agreement, the obligations of Cyber-Construction, Inc. will end upon the termination of this

Agreement.

Performance

1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency

1. Except as otherwise noted in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars). Cyber-

Construction, Inc. may increase rates over time and these increases may be presented via mail, email, or presented on our website.

Our current rates that have been established will then be established as our “current rate” and will supersede the rates listed within

this Agreement.

Compensation

Client agrees to pay Cyber-Construction the fees listed in the Project Estimate, including all taxes. A 3.25% charge will be added to any

invoice(s) if paying via a credit card. Expenses: Client will pay Cyber-Construction expenses, including but not limited to: (a) Incidental and out-

of-pocket expenses at cost plus Cyber-Construction’s standard hourly rate. (b) Mileage reimbursement, other than normal commuting, at the

legal current rate per mile; (c) Travel expenses, other than normal commuting, but including airfare and rental vehicles, with client approval.

Confidential Information

Client’s "Confidential Information" includes information that Cyber-Construction should reasonably believe to be confidential. Cyber-

Construction's "Confidential Information" includes the source code of any Cyber-Construction Tools. All material considered confidential by

either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only be used as needed

to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly

known through no fault of the recipient, or is received from a third party without a restriction on disclosure

Relationship of the Parties

Independent Contractor: Cyber-Construction shall determine, in its sole discretion, the manner and means by which the Services are

accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither

party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Cyber-Construction and the work

product or Deliverables prepared by Cyber-Construction shall not be deemed a work for hire as defined under Copyright Law. All rights granted

to Client are contractual in nature and are expressly defined by this Agreement.

Third Parties

Cyber-Construction shall be allowed to use third parties as independent contractors in connection with the Services (“Help Desk”). Cyber-

Construction shall remain fully responsible for Design Agents’ compliance with this Agreement

Client also agrees to any terms and conditions enforced by the third party.

Representation and Warranties

By Client: Client represents and warrants to Cyber-Construction that: (a) To the best of Client’s knowledge, use of the Client Content does not

infringe the rights of any third party; (b) Client shall comply with the terms and conditions of any licensing agreements which govern the use of

Third Party Materials; (c) Client will obtain all necessary and appropriate rights and licenses to grant license to Cyber-Construction to use Third

Party Materials.

By Cyber-Construction: Cyber-Construction represents and warranty to Client that: (a) Cyber-Construction will provide the Services identified in the Agreement in a professional and workmanlike manner; (b) Cyber-Construction shall secure all necessary rights, title, and interest in and to

the Final Deliverables, including Cyber-Construction Tools, sufficient for Cyber-Construction to grant the intellectual property rights provided in

this Agreement; (c) To the best of Cyber-Construction’s knowledge, the Deliverables will not violate the rights of any third parties; (d) If Client or

third parties modify the Deliverables or use the Deliverables outside of the scope or purpose of this Agreement, all representations and

warranties of Cyber-Construction shall be void.

EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, CYBER-CONSTRUCTION MAKES NO WARRANTIES WHATSOEVER. CYBER-CONSTRUCTION EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.

Indemnification and Liability

By Client: Client shall indemnify Cyber-Construction from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of

any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties

under this Agreement. Cyber-Construction shall promptly notify Client in writing of any third-party claim or suit. Client shall have the right to

fully control the defense and any settlement of such claim or suit.

By Developer: In the case of a third-party lawsuit or proceeding based on a claim that Deliverables breach the third party’s intellectual property

rights, and it is determined that such infringement has occurred, Cyber-Construction may at its own expense, replace any infringing content

with non-infringing content.

Limitation of Liability: THE SERVICES AND THE WORK PRODUCT OF CYBER-CONSTRUCTION ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF CYBER-CONSTRUCTION, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“CYBER- CONSTRUCTION PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF CYBER- CONSTRUCTION. IN NO EVENT SHALL CYBER-CONSTRUCTION BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY CYBER-CONSTRUCTION, EVEN IF CYBER-CONSTRUCTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Governing Law

This Agreement shall be governed by the law of IL.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will

neverless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.