Terms And Conditions
Understanding & agreeing to our terms and conditions before engaging our service is important
Our client must agree and understand the following terms and conditions upon engaging our services. The client is responsible to read carefully on our terms and conditions, if there are any questions regarding our terms and conditions, the client must ask us to clarify the question before engaging any of our services.
PAYMENT TERMS & CONDITIONS
We are sure you understand how important it is as a small business that you pay the invoices
that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick
tight to the payment schedule outlined.
i. If the payment is late, we reserve the right to hold the project until we receive the payment. The liability of consequences will be on the client, such as project delay, and etc. we are not responsible for the delay due to late payment.
ii. If the client fails to pay any invoice that we issue before the due date, we reserve the right to apply a penalty to the client due to the late payment. The penalty charges will be 5% of the total cost of the overdue invoice and the project will be on hold until payment is clear.
iii. If after 60 days the overdue amount has not been clear together with the penalty amount, we have the right to temporary terminate the project until the payment has been made by the client, thus we can in no way to be responsible for any consequences such as profit lost, project delay, and etc. due to the cause of this event.
iv. After termination, there will be restoration costs for restoring the project as well which the client will be responsible for.
TERMINATION OR CANCELLATION OF THE PROJECT
Should the client wish to cancel or terminate this project and discontinue any work in progress, the client must notify us immediately of this intention. Work carried out until that point will be invoiced to the client immediately. In the case of cancellation or termination, the client agreed to settle all the outstanding invoices within 7 (seven) days. If late payment causes any consequences such as project delay, project on hold etc. it will be fully liable by the client.
All correspondence and documents provided will be treated as confidential between the client and us, unless consent has been granted by both parties involved.
Although we make every effort to provide secure finished product(s), due to the nature of rapidly advancing technology, we can in no way guarantee that the finished product(s) will not be subject to security breaches. We recommend the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates. Any updates during the life of or after the expiration of the agreement can be negotiated as an addendum to this agreement or as an additional agreement.
REVISIONS OR ALTERATIONS
We know from plenty of experience that fixed-price agreements are rarely beneficial to the
client, as they often limit the client to the first idea about how something should look, or how
it might work. We don’t want to limit either the client options or the client opportunities to
change the client’s mind.
The estimated prices at the beginning of this document are based on the specification and services that we outlined. If the client does want to make changes, adding extra services, adding new templates, or adding new functionality, etc. that won’t be a problem. The client will be charged accordingly, determined by the amount of work needed to be done for the requested task(s) requirements, as we will send the quotation to the client and the client must agree to pay the payment for the request before we start developing. Along the way we might ask the client to put requests in writing so we can keep track of changes.
The revisions on each stage are clearly stated, the client must agree to the number of revisions given for each stage. Any additional revision(s) will be charged separately, either by hourly rate or by a fixed rate. We reserve the right to determine which method to charge depending on the situation.
DELIVERY & CLAIMS PERIOD
We can in no way guarantee that the functions contained in any web pages / app screens or in a
completed platform will always be error-free and so we can’t be liable to you or any third party
for damages, including lost profits, lost savings or other incidental, consequential or special
damages arising out of the operation of or inability to operate this web site and any other web
pages, even if you have advised us of the possibilities of such damages.
Claims for defects, damages, and/or shortages must be made by the client in writing within a period of thirty (30) days after delivery of all or any part of the order. Failure to make such a claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
ADDITIONAL CHARGES & COST
If there are any add-on feature(s), project duration extension, alteration(s), additional
request(s), modification of the project scope(s), adding new services, and etc. that require
additional charges, the charges will either based on hour rate or depending on the services
charges (We will determine the cost for based on requirements’ complexity), the payment must be
made immediately upon receiving the invoice for the additional request(s).
Late payment from the client will delay the processing of the additional request(s), or delay the overall process of the project. The liability of consequences will be on the client, such as project delay, and etc. we are not responsible for the delay due to late payment.
In cases where we are required to perform duties outside working hours and duration allowed for the specific service, additional fee will be applied accordingly depending on the specific service charges or charge with overtime rates (Depending on the situation, we will choose which is suitable). The fee must be paid immediately upon request of the service.
Our estimated working days per month would be 20-21 days; depending on the month’s public holiday and length. The overtime rate is applicable outside the normal business hours of 9:00am to 12.30pm and 1.00pm to 5:00pm, Monday to Friday. The overtime rate also applies to any hours that are in surplus of 38 hours per working week, and any hours that are worked on weekends or public holidays. Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set and the work required exceeds the estimated scheduled time, falling into overtime hours, The Client will be notified before any work is undertaken at this rate.
OWNERSHIP & COPYRIGHT OF THE SYSTEM
The client owns text content, graphics, photographs and other data the client provided are all
the client’s Intellectual Property Rights, unless someone else owns them. We own the XHTML
mark-up, CSS and other code and we license it to the client for use on only this project.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to the client, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
The client must guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that the client provides us for inclusion in the website are either owned by the client, or that the client must have permission to use them.
These terms can only be varied, amended or altered by written agreement between us and the
Although the language is simple, the intentions are serious and this agreement is a legal
document under exclusive jurisdiction of Malaysia courts.
As the situation may change in the future, we reserve the right to reconstruct or amend the terms & conditions in the future to fit into different situations. We will notify the client if there is any reconstruction or amendment on the terms & conditions, and the client will get to review the new terms & conditions, and the client will have the right to agree or disagree with the new terms & conditions.
Either party may request renegotiation of the agreement should exceptional or unforeseen circumstances arise. The purpose of such negotiations is to find a mutually acceptable solution as soon as possible.
We love to show off our works to our customers, therefor our clients have to agree that we have the permission and right to share the work at our website or any marketing material we distribute online or offline. If the client do not wish to have us to share the work at our website as one of our portfolio, the client is responsible to negotiate this requirement as part of the agreement before engaging our services. We reserve all the right to share the work as part of our portfolio it's our creation.
As our customer, the client has the power and ability to enter into this agreement on behalf of
the client’s company or organisation. The client must agree to provide us with everything that
we need to complete the project including text, images, other information, or hardware/software
as and when we need it and in the format and form that we request for.
The client agrees to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and the client will also be bound by any dates that we set together. The client also agrees to stick to the payment schedule set out.
We have the experience and ability to perform the services the client needs from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if the client has been late in supplying materials or has not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that the client gives us.
The client is responsible to provide any legal documents/texts that are required to be placed at the platform or in any other places. The client is fully responsible for collecting data from the users, and we are in no way responsible for any data loss, leak, and etc.
The client cannot transfer this agreement to anyone else without our permission. This agreement stays in place and need not be renewed. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable.
If you do not agree on our terms and condition, we are
always open for discussion.
Kindly inform us and we shall negotiate the terms and condition accordingly and
come out with a different set of terms and conditions in our service agreement.