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 or product’s 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), the services or products will only be deliver after payment received.
Late payment from the client will delay the processing the additional request(s), or delay overall process of the project. The liability of consequences will be on the client, such as project delay, and etc. we are not responsible on the delay due to late payment.
In cases where we required to perform duties outside working hour and duration allowed for the specific service, additional fee will be apply accordingly depending on the specific service charges or charge with overtime rates (Depending on the situation, we will chose which is suitable). The fee must be pay immediately upon request of the service or product.
The overtime rate is applicable outside the normal business hours of 9:00am – 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.
The system maintenance and support is not included by default, if the client wishes to have us to maintenance the website, application, system, and etc., the client can either purchase our off the shelve maintenance service, or if custom requirement on the scope is required, we can discuss on that and provide a separated cost for the maintenance or support services.
OWNERSHIP & COPYRIGHT OF THE SYSTEM
The client own text content, graphic, photographs and other data the client provided or enter to the website are all the client’s Intellectual Property Rights, unless someone else owns them. We own the website software, XHTML mark-up, CSS and other code and we license it to the client for use on only to a particular website/application/project/service/.
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 a 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 use/upload for inclusion in the website are either owned by the client, or that the client must have permission to use them.
As our customer, the client has the power and ability to engage our service or purchase our product on behalf of the client’s company, organisation, or as an individual. The client must agree to provide us with everything that we need to complete the project or delivering our products/services including text, images and other information (if required) as and when we need it and in the format that we request for. Failing to provide the content in the format we request for will result to be charge separately for additional work such as text rearrangement, image processing, and etc.
The client agrees to review our work (if required), provide feedback and sign-off approval (If required) 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 at the end of this agreement.
We have the experience and ability to perform the services or provide the products/services to the client 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 (if any) or has not approved (if any) or signed off (if any) our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that the client give us.
The client cannot transfer their services or products to anyone else without our permission. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable.
Voxyard Enterprise reserved the right to varied, amended or altered any of our products/services specification, scope, terms, conditions, policy, and etc. at any time for any reasons with or without notifying our customer as business requirement change.
Although the language is simple, the intentions are serious and terms and conditions are a legal document under exclusive jurisdiction of Malaysia courts.
As the situation may change in the future, we reserved the right to reconstruct or amends our terms & conditions in the future to fit into different situation. We may or may not notify the client if there is any reconstruction or amendment on our terms & conditions, policy, and etc.