Terms & Conditions

 

The client are responsible to read and agreed to our terms and conditions before engaging any of our services or purchase of any product, if there are any question regarding to the terms and conditions, the client must ask Voxyard Enterprise to clarify the question immediately.

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 on the delay due to late payment.
ii. If the client failed to pay any invoice that we issue before due date, we reserve the right to apply 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 30 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, if restoration is possible, there will be restoration cost for restoring the services/products/project as well which the client will be responsible to the cost.

TERMINATION OR CANCELLATION

Should the client wish to cancel or terminate any service or product (If the particular product or service allow to be cancel) 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. Domain nam, web hosting or any other products/services that specified as non-refundable purchase will not be refundable.

In the case of cancellation or termination, the client agreed to settle all the outstanding invoices within 7 (seven) days. If late of payment causes any consequences such as project delay, project on hold and etc. it will be fully liable by the client.

DELIVERY & CLAIMS PERIOD

We can in no way guarantee that the functions contained in any web page templates or in a completed web site 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 claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.

REVISIONS OR ALTERATIONS

We know from plenty of experience that fixed-price service or product 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. If the client does want to make change, adding extra services, adding new templates, or adding new functionality, and etc. that won’t be a problem. The client will be charged accordingly determine by the amount work needed to be done for the requested task(s) requirements or based on the services/product’s price, as we will send the quotation to the client and the client must agree to pay the payment for the request before we provide the additional services or products. Along the way we might ask the client to put requests in writing so we can keep track of the additional request.
If our service include revision in the products/services/project, the revisions scope will be clearly stated in the product description, the client must agree to the number revisions given. Any additional revision(s) will be charge separately, either by hour rate or by a fixed rate. We reserve the right to determine which method to charge depending on the situation.

CONFIDENTIALITY

All correspondence and documents provided will be treated as confidential between the client and us, unless consent has been granted by both parties involved.

SECURITY

Although we makes every effort to provide secure finished product(s), due to the nature of rapidly advancing technology, we can in no way guaranty that the finished product(s) will not be subject security breaches.
We recommends 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, if the client wishes to have us maintenance or support service to the website/application/system, the client must let us know of this intention and we can provide a separated quotation based on the maintenance and support scope. If the client agree with the charge, and payment has been made, we will proceed on providing the maintenance or support service.

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.

CLIENT’S RESPONSIBILITY

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.

OTHERS

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.