Web Design & Development Terms and Conditions
Last updated: 24 January 2019
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”.
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 Website Design and Development 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 the client’s project. However, due to some exceptional circumstances, we do allow progressive payment subject to the approval of our management with a minimum of 50% of the total purchase price as a 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). The remaining 50% shall become due after 3 months or other period agreed upon by both parties.
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 fees.
- Refund not applicable on domain SSL (Secure Sockets Layer) certificate fees.
- Refund not applicable on web hosting fees.
- Refund not applicable on private email hosting.
4) SUPPLY OF MATERIALS: You must supply all materials and information required by us to complete the work in accordance with 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 invoice you for any balance on the contract.
5) VARIATIONS: We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of MYR150 per hour.
6) PROJECT DELAYS AND CLIENT LIABILITY: Any time frames or estimation that we give are contingent upon your full cooperation along with complete and final content for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. We will not be responsible if the web design project remains largely unfinished or is delayed, due to your own inaction, or by not approving design mock-ups / requesting web design changes on time. After the initial 30 calendar days, if the project is still unfinished, MYR 150 per hour would be billed for any further change request.
7) APPROVAL OF WORK: Upon 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 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 and any balance of the project price will become due.
8) 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.
9) PAYMENT: As a general rule, clients are required to pay in full in order for us to start working on the client’s project. However, due to some exceptional circumstances, we do allow progressive payment subject to the approval of our management with a minimum of 50% of the total purchase price as a 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.
10) 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.
11) LICENSING: Once you have paid us in full for the work we grant to you a license to use the website and contents for the life of the website.
12) SEARCH ENGINES: All website designed by us are search engine friendly. However, we do not guarantee any specific position in search engine results for your website. We perform search engine optimisation according to current best practice at an additional cost.
13) WEBSITE MAINTENANCES: 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.
14) 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.
15) DISCLAIMER: Notwithstanding anything to the contrary contained in this contract, neither FiveDot SDN BHD nor any of its employees or agents, warrant that the functions contained in the web design project will be uninterrupted or error-free. In no event will FiveDot SDN BHD 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 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 SDN BHD has been advised of the possibility of such damages.
16) ASSIGNMENT: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
17) 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.
18) 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 pages, purchase of third-party software, 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 upon your request.
19) BACKUPS: You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
20) OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING: We will supply account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
21) RIGHT OF REFUSAL: FiveDot Sdn Bhd 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.
22) 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.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.
If you have any questions or concerns about our use of your personal information, please contact us using the following details: [email protected].