Terms of Service

1 About Cybanext

Cybanext is a technology and digital solutions company operating in Accra, Ghana, serving clients locally and internationally across web development, cybersecurity, cloud solutions, managed IT, and digital marketing.

Contact us at hello@cybanext.com · +233 (0) 530549754 · cybanext.com

2 Acceptance of Terms

These Terms apply to all visitors, prospective clients, and current clients. By contacting us, submitting an enquiry, accepting a quote, signing a Statement of Work, or using any of our services, you confirm that:

• You have read and understood these Terms in full
• You agree to be legally bound by them and by our Privacy Policy
• If acting on behalf of a company, you have authority to bind that entity to these Terms

We reserve the right to update these Terms at any time. Continued use of our services after changes are posted constitutes your acceptance of the revised Terms.

3 Services Provided

Cybanext provides the following categories of professional services:

• Web & Application Development — custom websites, web applications, mobile apps, e-commerce, and WordPress development
• Cybersecurity — VAPT, endpoint security, security audits, incident response, and training
• Managed IT Services — helpdesk support, infrastructure monitoring, and Microsoft 365 management
• Cloud Services — cloud migration, Azure and AWS infrastructure design and management
• Branding & Digital Marketing — brand identity, SEO, PPC, social media, and content strategy

Specific deliverables, timelines, and pricing are defined in a separate Proposal or Statement of Work (SOW). In the event of conflict, the Proposal or SOW takes precedence.

4 Proposals, Quotes & Agreements

All quotes and proposals are valid for 14 days from the date of issue. Acceptance — by email, signature, or deposit payment — constitutes a binding agreement. Any scope changes after acceptance must be submitted in writing and may result in revised pricing or timelines.

5 Payment Terms

• A non-refundable deposit of 50% is required before work commences
• The remaining 50% is due upon project completion, prior to final delivery
• For managed services and retainers, payment is due monthly in advance by the 1st of each month
• Invoices unpaid after 30 days may accrue a late payment fee of 2% per month
• Cybanext may suspend services on accounts overdue by more than 30 days without liability for downtime
• Any applicable taxes (including VAT) are the client’s responsibility unless explicitly stated otherwise

6 Client Responsibilities

Clients agree to:

• Provide accurate, complete, and timely information, content, assets, and approvals when requested
• Designate a named primary point of contact with authority to give approvals
• Review and approve deliverables within agreed timeframes — delays caused by slow client response may affect project schedules without penalty to Cybanext
• Ensure full legal right to use any materials or third-party content provided for the project
• Maintain confidentiality of system credentials, login details, or API keys provided
• Promptly notify Cybanext of any changes to requirements, deadlines, or key personnel

7 Intellectual Property

Upon full and final payment, the client receives full ownership of all custom deliverables created for their project. Cybanext retains ownership of:

• Pre-existing tools, frameworks, libraries, plugins, and third-party components
• Proprietary processes, methodologies, and internal know-how
• Any deliverables for which full payment has not yet been received
• General-purpose code modules not unique to the client’s project

Cybanext reserves the right to display completed work in its portfolio unless the client requests confidentiality in writing before project commencement.

8 Confidentiality

Both parties agree to keep confidential all non-public information received during the engagement, including business strategies, technical systems, pricing, and project details. This obligation:

• Takes effect from the first point of substantive communication
• Applies to all staff, contractors, and subcontractors of both parties
• Survives the termination of any agreement indefinitely
• Does not apply to information that is publicly available, independently known, or required by law to be disclosed

For cybersecurity engagements, all findings, vulnerabilities, and security reports are treated as strictly confidential and never shared with any third party without explicit written authorisation.

9 Cybersecurity Engagements — Special Terms

These additional terms apply to all penetration testing, VAPT, and offensive security engagements:

• All testing is conducted only within the scope explicitly authorised in writing before work begins
• The client must warrant that they have full legal ownership or written authorisation over all systems in scope
• Testing may cause temporary disruption; Cybanext will not be liable for disruption caused by agreed testing activities
• All findings are delivered in a confidential written report and not disclosed to any third party
• Test credentials and system information will be securely deleted upon engagement completion

10 Limitation of Liability

Cybanext’s total aggregate liability for any and all claims shall not exceed the total fees paid by that client in the three (3) months immediately preceding the claim. Cybanext shall not be liable for indirect, consequential, or punitive damages, including loss of data, revenue, profit, business interruption, or reputational damage. Nothing in these Terms limits liability for death, personal injury, or fraud.

11 Warranties & Disclaimers

Cybanext warrants that all services will be performed with reasonable professional skill and diligence. However:

• Cybersecurity services cannot guarantee discovery of all vulnerabilities or complete system security — security is a continuous process
• Website performance, uptime, search rankings, and marketing results depend on external factors outside our control
• Our tools and website are provided “as is” without warranties of uninterrupted availability
• Third-party platforms and APIs are subject to their own terms and may change without notice

12 Termination

Either party may terminate an ongoing engagement with 30 days’ written notice. Upon termination, all fees for completed work become immediately due, and Cybanext will deliver all completed files and credentials in an agreed format. Confidentiality obligations survive termination indefinitely.

Cybanext may terminate immediately without notice if the client materially breaches these Terms, becomes insolvent, engages in fraudulent or unlawful activity, or fails to make payment after 30 days of a written overdue notice.

13 Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of Ghana. Disputes shall first be addressed through good-faith negotiation. If unresolved within 30 days, either party may refer the matter to mediation or binding arbitration in Accra under the rules of the Ghana Arbitration Centre before initiating court proceedings. Either party may seek urgent injunctive relief from a court of competent jurisdiction at any time.

14 Force Majeure

Cybanext shall not be liable for delays or failures resulting from circumstances beyond our reasonable control, including natural disasters, government actions, infrastructure outages, cyberattacks on third-party systems, or industrial action. We will notify you promptly, minimise the impact, and resume performance at the earliest opportunity. Force majeure does not excuse payment obligations for work already completed.

15 General Provisions

• Entire Agreement — These Terms, any applicable Proposal or SOW, and our Privacy Policy constitute the entire agreement between the parties
• Severability — If any provision is found invalid, it will be modified to the minimum extent necessary; remaining provisions continue in full force
• Waiver — Failure to enforce any right does not constitute a waiver; any waiver must be in writing
• Assignment — Clients may not assign their rights without prior written consent from Cybanext
• Subcontracting — Cybanext may engage qualified subcontractors and remains responsible for their work
• Notices — All formal notices must be delivered in writing by email (with acknowledgement) or registered post

16 Contact Us

For questions about these Terms, concerns, or to discuss your engagement, please reach us at: