Terms and Conditions
Sibany Web Developments
Effective Date: [October 1, 2025]
1. Introduction and Acceptance of Terms
1.1 Agreement
These Terms and Conditions ("Terms") govern your use of the website located at [https://www.sibany.com] (the "Site"), and your engagement with Sibany Web Developments (referred to as "Sibany," "we," "us," or "our") for any web development, design, maintenance, or consulting services ("Services"). By accessing the Site or engaging us for Services, you (referred to as the "Client" or "User") agree to be bound by these Terms.
1.2 Amendments
We reserve the right to modify these Terms at any time. We will post the revised Terms on the Site and update the "Effective Date." Your continued use of the Site or Services after any changes constitutes acceptance of the new Terms.
2. General Website Use
2.1 Intellectual Property (IP)
All content on the Site, including text, graphics, logos, images, and software, is the property of Sibany Web Developments or its content suppliers and is protected by copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without our express written permission.
2.2 Prohibited Conduct
You agree not to use the Site in any way that is unlawful, harmful, or interferes with the proper function of the Site. Prohibited activities include, but are not limited to:
Attempting to gain unauthorized access to our systems or network.
Distributing viruses or other malicious computer code.
Using the Site to send spam or unsolicited messages.
2.3 Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by Sibany. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.
3. Web Development and Service Terms
This section applies specifically to contracts and engagements for web development, design, or other services provided by Sibany to a Client.
3.1 Project Scope and Change Requests
The specific Services, deliverables, project timeline, and milestones will be defined in a separate written Project Proposal, Statement of Work (SOW), or Service Agreement (the "Agreement"), which shall be incorporated into and governed by these Terms.
Any request by the Client for work outside the scope defined in the Agreement ("Change Request") must be submitted in writing. Sibany will provide a written quote for the additional costs, time, and terms required to implement the Change Request.
Work on a Change Request will only commence upon the Client's written acceptance of the additional quote.
3.2 Client Responsibilities
The Client agrees to provide all necessary project materials, including text, images, logos, and other content ("Client Content"), in the required format and within the agreed-upon deadlines.
Failure to provide content or timely feedback may result in project delays. Sibany reserves the right to adjust the project schedule or, if delays are excessive, to suspend the project and invoice the Client for work completed to date.
The Client is responsible for ensuring that all Client Content provided to Sibany is legally compliant and does not infringe on the intellectual property, copyright, or other rights of any third party.
3.3 Acceptance and Warranties
Acceptance Testing: Upon completion of a development milestone or the final deliverable, the Client will be granted a specified period (e.g., ten (10) business days) for review and acceptance ("Acceptance Period"). If no written defects or concerns are reported within this period, the Deliverable will be deemed accepted.
Limited Warranty: Sibany warrants that the Deliverables will substantially conform to the specifications defined in the Agreement for a period of thirty (30) days following the final acceptance date. This warranty is limited to the correction of technical errors or bugs and does not cover issues arising from Client modifications, third-party software changes, or hosting environment issues.
3.4 Project Fees and Payment
Fees: Project fees will be outlined in the Agreement. All quoted prices are based on the agreed scope of work.
Payment Schedule: A non-refundable [Insert percentage, e.g., 30%] deposit of the total project cost is required to commence work. Further payments will be due upon reaching specified milestones, with the final balance due upon final acceptance, and always prior to the website being launched or all files being transferred to the Client.
Late Payment: Invoices are due within [Insert number, e.g., 14] days of the invoice date. Sibany reserves the right to suspend all work, withhold final files, and apply a late payment fee of [Insert percentage, e.g., 1.5%] per month (or the maximum allowed by law) to any overdue balance.
Expenses: The Client will reimburse Sibany for all pre-approved, out-of-pocket expenses directly related to the project (e.g., premium stock photos, third-party software licenses, domain registration fees).
4. Intellectual Property Ownership
4.1 Client IP Ownership
The Client retains full ownership of all Client Content provided to Sibany for the project.
4.2 Developer IP Ownership
Sibany retains the intellectual property rights to all design templates, proprietary code, pre-existing development tools, and software modules developed or used during the project that are not specific to the Client's final website (collectively, "Developer Tools").
4.3 Final Deliverable Ownership Transfer
Upon full and final payment of all fees and outstanding invoices, Sibany will transfer to the Client the intellectual property rights to the final, approved visual design and content arrangement of the website. The Client is granted a perpetual, non-exclusive, worldwide license to use the underlying Developer Tools and third-party components necessary for the operation of the website, solely for the purpose of the website.
4.4 Portfolio Use
Sibany reserves the right to display the completed project and design work in our portfolio and marketing materials.
5. Termination of Services
5.1 Termination by Client
The Client may terminate the Agreement at any time by providing written notice. Upon termination, the Client will be invoiced for all work completed up to the date of notice, at Sibany's standard hourly rate, or based on the project milestones completed, and the deposit will be non-refundable.
5.2 Termination by Sibany
Sibany may terminate the Agreement immediately by written notice if the Client: (i) fails to make payment within [Insert number, e.g., 14] days of the due date, or (ii) breaches any material provision of these Terms.
6. Limitation of Liability and Indemnification
6.1 Limitation of Liability
In no event will Sibany, its directors, employees, or agents be liable to the Client or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other damages arising from your use of the Site or Services, even if we have been advised of the possibility of such damages. Sibany's total liability to the Client for any and all claims arising out of or relating to the Agreement or Services will be limited to the total fees paid by the Client to Sibany under the Agreement.
6.2 Client Indemnification
The Client agrees to defend, indemnify, and hold Sibany harmless from and against any loss, damage, liability, claim, or demand, including attorneys' fees and expenses, made by any third party due to or arising out of: (i) the Client Content, (ii) the Client's use of the Services, (iii) the Client's breach of these Terms, or (iv) any claim that the Client Content infringes any third party's rights.
7. Governing Law and Dispute Resolution
7.1 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law principles.
7.2 Dispute Resolution
Any disputes arising from these Terms or the Services shall be resolved exclusively in the competent courts of [Tel Aviv, Israel].
8. Contact Information
For any questions regarding these Terms and Conditions, please contact us at:
Sibany Web Developments
Email: privacy@sibany.com
Phone: +972 526851167