This document governs Cyberweb Solutions, LLC, hereby referred to as CWS, and its staff when engaged in IT consulting services.
Last update: 30-March-2018
It should be noted these terms apply regardless of the legal entity requesting IT services from CWS. This means any individual, partnership, corporation, company, and any other recognized legal entity, hereby referred to as client, will receive the same terms.
In addition any legal entity consisting of multiple persons will be considered as one entity and thus receive the same terms. For example but not limited to all individuals in a partnership or employees and officers in a corporation.
It should be noted that depending on the client’s request(s) not all sections may apply. For example if a project contains only custom coding it may not be necessary to access the client’s systems. In another example if the project only requires altering server software or updating WordPress then no custom coding work is performed and the terms governing coding do not apply to that project.
However a project could cover all terms in this document or there could be multiple projects which span multiple sections. It should be noted sections in this document are applied on a project-by-project basis that fulfill the client’s requested project. Therefore a client should be aware that each separate project may or may not have different terms depending on the desired work to be performed by CWS.
The terms in this document will be updated as needed with or without notice to satisfy additional situations as they occur.
Section One: Accessing Client Systems
This document will reference the term systems which will refer to any computing device under the control of the client. This includes servers (virtual, cloud, VPS, dedicated, colocated, on premise, etc), workstations, laptops, smartphones, tablets, single-board computers (ie Raspberry Pi), networking devices (firewalls, routers, switches, etc), Internet of Things (IoT such as smart light bulbs), etc.
- CWS acknowledges that data stored and generated by client systems is not property of CWS.
- CWS officially declares it is not making any claims to data on client systems, unless noted differently in writing by an external agreement/contract.
- CWS hereby declares it will not share any data from client systems unless authorized to do so or ordered by a court of law with valid jurisdiction.
- CWS will only allow individuals that need to interact with client systems to have the necessary access information. In other words only those that are working on client systems will have the username(s) and password(s) to access the necessary parts of client systems.
- CWS agrees not to copy or move data from client systems that is not necessary to complete the given project. An example of moving data is copying the wp-config.php file from WordPress to alter data to perform setting up WordPress.
- Client hereby understands authorized CWS personnel will need to access parts of client systems in order to complete the given project.
- Client hereby understands the requirements of the project will control how much data CWS needs to access on client systems.
- CWS takes data digital security seriously and advises client to do the same.
- CWS will delete any login data to client systems when task as been completed to client’s satisfaction and access is no longer required.
- CWS will store any login information using encrypted password managers.
- CWS strongly recommends never sending username and password together via unsecure channels such as email.
- CWS strongly recommends against using FTP as it is an unsecure method of transferring sensitive information.
- CWS will use industry security standards such as SSH and TLS encryption technologies where possible to protect sensitive information.
Section Two: Coding
When custom programming is performed for client the code that accomplishes the unique requested project will be considered private and not shared with the Internet at large and/or used for other clients as long as the following conditions have been satisfied.
- The client has not authorized CWS to release the code.
- The code does not cover a generic function (ie. database communication layer).
- The code was not used by CWS in previous projects.
CWS reserves the right to include frameworks and other code under its ownership and not blocked by previous client agreements along with open source code at its discretion. When such code is utilized those lines of code are not protected. CWS also reserves the right to expand frameworks and general code to be use at the discretion of CWS in the future without limits or restrictions. For example expanding on a custom MySQL interface.
Client hereby acknowledges code is not all or nothing. Thus any programming project may contain parts of code governed by different policies. The bottom line is lines of code that are generic and/or used before are not protected and lines of code that were written solely to satisfied the client’s unique project will be protected.