Digital Presence Solution Terms & Conditions

Last updated: 5 September 2019

 

Parties

Vendee hereinafter referred to as “You” or “Client”. Vendor, FiveDot SDN BHD, a Malaysia Limited Liability (Sendirian Berhad or SDN BHD) Company hereinafter referred to as “FiveDot”, “Our”, “Us” or “We” who solely owned https://www.fivedot.com.my and any subpages (“Site”).

This Digital Presence Solution Terms (“Terms”) is hereby entered into between the Client(s) and applies to the subscription of all Digital Presence Solution services (hereinafter collectively referred to as “Services”, “Digital Presence” or “Digital Presence Service”) ordered by Client.

 

Electronic Consent

In lieu of this electronic “Terms & Conditions”, you have a right to request a paper copy of these “Terms & Conditions” before signing up. If you want a paper copy, please talk to one of our sales representatives and we will send you a paper copy via email, mail or fax.

 

Terms and Conditions

1) STANDARD TERMS AND CONDITIONS: These are the standard terms and conditions for Digital Presence Solution and apply to all contracts and all work was undertaken by FiveDot SDN BHD for its clients. Any contradict terms against the standard terms and conditions are enforceable subject to the agreement between both parties which must be put down in writing and signed by both parties.

2) OUR FEES AND DEPOSITS: As a general rule, clients are required to pay in full in order for us to start working on client’s project. However, due to some exceptional circumstances, we do allow progressive payment subject to the approval of our management with a minimum 50% of total purchase price as deposit. A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the service. We reserve the right not to commence any work until the deposit has been paid in full. All prices listed are in Malaysian Ringgit (MYR or RM). For progressive payment, upon completion of the 7-day review period and before the launch of the website on your domain name, we will invoice you for the balance of the project. We will never automatically charge your card without your approval. We reserve the right to remove any Web Design Project from viewing on the Internet until final payment is made. You unconditionally and personally guarantee the payments. In case of collection proves necessary, you agree to pay all fees (including all attorney’s fees and court costs) incurred by that process.

3) REFUND POLICY: We work sincerely & dedicatedly to satisfy you. If you are still not pleased with our work, our refund policy works as below:

  • 50% deposit would be refunded with reasonable deduction if requested by the vendee within 7 calendar days from the date of order, provided that a reasonable justification in support of the said refund is given by vendee
  • Refund not applicable for any delays out of our control.
  • Refund not applicable once the website is completed.
  • Refund not applicable on domain registration, SSL, web hosting, and other 3rd party services/tools fees.
  • Refund not applicable on Ads Budget spent on the advertising network, including but not limited to, Facebook, Instagram, Google, & YouTube.

4) WEBSITE DESIGN: The Website Design Service provided under this Service is bounded to the Terms & Conditions of Website Design & Development. You must acknowledge & agree to these terms to use the Service.

5) DIGITAL CHANNELS SETUP: The Digital Channels Setup including the setting up of Google My Business, Facebook Business Page, Instagram Business Page, LinkedIn Business Page, and Local Business Listing for the client’s business. The client’s business must be a legally registered business in order for FiveDot to provide the service in full. If the client’s business is not legally registered, it could limit our ability to set up these accounts, which are meant for a legal business entity. In the case, FiveDot shall offer the best alternative to compliment the service, in our sole discretion.

6) BASIC SEO OPTIMIZATION: The Basic SEO Optimization provided under this Service is bounded to the Terms & Conditions of SEO. You must acknowledge & agree to these terms to use the Service.

7) HOSTING: The Hosting, Domain, & SSL Service provided in the service are bound to the Web Hosting Terms & Conditions. You must acknowledge & agree to the terms to use the Service. More details on the specs of hosting can be acquired from the sales representatives.

8) WEBSITE MAINTAINANCE: We do provide 1-year basic website maintenance to our clients who build their website with us. Such maintenance includes theme & plugin updates, website backup, security check, CMS updates and bugs fixing.

The following aspects are amendable, namely: image insertion/ replacement, banner insertion/ replacement, text content insertion/ replacement, blog posting insertion, with the condition that the details need to be furnished by the clients and not more than 2 times amendment within a month throughout the basic maintenance subscription period. The following aspects are not amendable, namely: design/colour scheme, banner add-on, and others that not specifically mentioned. The amended work is expected to be done within 5 to 10 working days, subject to the complexity of work.

We are not responsible to fix any defects or bugs arose as a result of clients owns mistakes, actions, or negligence. In addition, we will not be held liable for any third party’s work done on our client’s website which causes defects or bugs.

9) SUPPLY OF MATERIALS: You must supply all materials and information required by us to complete the work following the agreed specification. Such materials may include but are not limited to, photographs, written copy, logos, and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop work and no refund shall be provided.

10) VARIATIONS: We are pleased to offer you the opportunity to make revisions to the work. However, we have the right to limit the revision proposals to a reasonable amount and may charge for additional fees if you make a change to the original specification. Any major deviation from the specification will be charged at the rate of MYR150 per hour.

11) PROJECT DELAYS AND CLIENT LIABILITY: Any time frames or estimates that we give are contingent upon your full cooperation along with complete and final content for the work pages. During the work, there is a certain amount of feedback required to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available daily to expedite the feedback process. We will not be responsible if the project remains largely unfinished or is delayed, due to your inaction, or by not approving the work or not requesting changes on time.

12) APPROVAL OF WORK: On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 calendar days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed.

13) REJECTED WORK: If you reject any of our work within the 7-day review period and not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as complete and take measures to recover payment for the contracted work or not able to provide any refund for the work completed.

14) COPYRIGHTS & TRADEMARKS: You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names, and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

15) LICENSING: Once you have paid us in full for the work we grant to you a license to use the website, it’s components and contents for the life of the website. Service provided by 3rd party service such as plugins & themes shall survive their license period according to the service details of the plugins or theme developer. The installation of any premium/paid plugin, theme or any 3rd party service will first be approved by the Client and FiveDot shall bear the cost of these plugins, themes, or any 3rd party services if prior specified in the contract/agreement. If the Client would like to install additional premium/paid plugin, theme or any 3rd party service that is not specified in the contract/agreement, the Client shall bear the cost of the plugin, theme, or 3rd party services, in additional to the additional charges for the work performed by FiveDot to deal with the installation, configuration, and other work related to the plugin, theme, or 3rd party service that not prior agreed in the contract/agreement.

16) CONSEQUENTIAL LOSS: We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

17) DISCLAIMER: Notwithstanding anything to the contrary contained in this contract, neither FiveDot nor any of its employees or agents, warrant that the functions, features, or tools contained in the Client’s website will be uninterrupted or error-free. In no event will FiveDot or its owners or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the 3rd party service/tool, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if FiveDot has been advised of the possibility of such damages.

18) ASSIGNMENT: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

19) NON-DISCLOSURE: We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party. Any disclosure of information, such as review, project portfolio and other related exposure of your work will acquire agreement from the Client in a written notice.

20) ADDITIONAL EXPENSES: You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional service, purchase of third-party software/tool, stock photographs, fonts, domain name registration, web hosting, SEO or advertising services or any other comparable expenses. These extra add-ons have to be paid immediately and in advance before the work.

21) RIGHT OF REFUSAL: FiveDot reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behaviour, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications. This applies to the Client’s website that has a depreciated version which update has not to be performed for a long period. Updating these websites might affect the compatibility of the website with its functions and tools. Hence, it will be treated as not fit for the Service. FiveDot shall recommend actions to deal with the issue. Any other factors that deem to be unfit of the Service will be rejected as well.

22) CHANGES TO THE SERVICE & TERMS: FiveDot reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part. In the event FiveDot anticipates that any such action will significantly affect your use of the Service in a negative way, FiveDot will endeavour to provide you with advance notice by email or by posting relevant information on the Site. FiveDot reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Service following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Service immediately. FiveDot assumes no liability or responsibility for your failure to review the current version of these Terms.

23) GOVERNING LAW: Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into the Law of Malaysia. Any dispute will be litigated or arbitrated to the Law of Malaysia.

 

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