These Terms and Conditions have been prepared and form part of the Designer’s contract with the Client in order to be clear what is expected of both parties and should be read in conjunction with the quotation the Designer has prepared for the Client.
A copy of quotation is to be signed and dated by the Client to indicate acceptance, and should be returned to the Designer via email. Client will be deemed to have accepted these terms and conditions in full, which can be read on the Designer's website.
- Quotations are provided on the basis that estimates of the Designer’s costs and expenses shall not be binding.
- Designer reserves the right to amend any quote should the projects specifications change, or if it becomes clear that the project specifications were not communicated clearly by the Client to the Designer at the beginning of the project.
- All quotes will remain valid for a period of 30 days from quote date. If this 30-day period lapses without approval, requests for alterations or extensions by the Client, the quote will expire. Thereafter, Designer may amend the quote according to current rates.
Deposit and Placement of Order
- Once the quote is formally accepted, a non-refundable deposit of 50% of the total quoted amount will become due immediately.
- No project shall commence until the 50% deposit has been made and confirmed.
Provision of Materials
- All content, text, images and relevant information will be supplied by the Client to the Designer in a timely manner, unless otherwise agreed upon.
- It is the Client's sole responsibility to ensure that the content, images, trademarks and other artwork supplied to the Designer for the use of the project, are owned by the Client, or that the Client has the necessary permission from the rightful owner to make use of such content. Designer accepts no responsibility in the event that such ownership, or right of use is legally disputed.
- Each phase of the project requires review, feedback or approval from the Client. Designer reserves the right to place a project on hold until such approval is given, and accepts no responsibility should the project be delayed of this result.
- Alterations, and additions may be requested at any time, during any phase of the development of a project. Designer will determine whether or not such alterations and additions fall within the scope of the original project brief and specifications. If they do not, Designer reserves the right to quote and bill for such alterations and additions, over and above the original quoted amount. In the event of this happening, Designer will need to receive approval from the client, before any development commences.
- It remains the responsibility of the Client to provide a project brief or specifications document which is clear, detailed, accurate and which outlines the projects design and development requirements. Designer accepts no responsibility for any misunderstandings arising from a poorly drafted specifications document. Further, Designer reserves the right to charge additionally for any extra design and development time incurred from delays as a result of a poorly constructed project brief.
Web Hosting and Domain Name
- Designer can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third-party service.
- Client is liable to pay the Designer for any domain name registrations and the initial set-up of the hosting if included as part of the project. Any other domain name and hosting services or costs not included by the Designer, including but not limited to domain name registration fees, transfer charges, renewals; hosting charges, renewals, upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third-party services.
- Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the Designer from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.
Client agrees to give access including usernames, passwords, and any other required permissions, to existing or future domain registration, hosting accounts, and third-party service providers as required to complete the project.
Any technical support relating to the domain name, hosting and email services is between the Client and the third party service. Designer accepts no responsibility and shall not held liable for any financial loss suffered by the Client should the Client’s website experience downtime or any other source of difficulty found with the Client’s hosting provider.
- Invoices will be provided by the Designer upon completion of the project, or at the completion of each phase of an agreed production schedule.
- Payments can be made by cash deposits, online transfer, cheque or Paypal. Payment details will be made available on invoices.
- Designer reserves the right to delay the delivery of work if any interim invoices remain unpaid.
Client agrees to reimburse the Designer for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
- Designer will make effort to ensure the user experience of the website is consistent and appropriate to the capabilities of different browsers or devices. Client agrees that browser testing does not mean attempting to make a website look exactly the same in browsers of different capabilities or on devices with different screen sizes.
- Designer will test the website in current versions of the following desktop and mobile browsers: Safari, Google Chrome, Internet Explorer and Mozilla Firefox. Designer accepts no responsibility to test in any other older browsers, uncommon mobile browsers, or new versions of browsers released after completion of the website. At such, Designer reserves the right to quote for any work involved in changing the website design or code for it to work with the older or newly released browser versions.
Search Engine Optimization
Designer will careful to use clean, web standard markup, image and heading tags, site map generation and submit the Client’s website to search engines to assist a website be found organically by search engines. Client agrees that the Designer is not an SEO agency and therefore does not guarantee the ranking of any website.
Third-Party Products and Services
Designer may install third-party products on the Client’s website utilizing the Designer’s license. If the Client wish to terminate the engagement with the Designer but wish to maintain the use of these licensed products, Client will need to purchase an independent license from the third-party products.
Bug Fix and Web Maintenance
- Bug fixes within the first month of the website launch will be free of charge. Thereafter, Designer reserves the right to charge subsequent bug fixes on an hourly basis of RM50 per hour.
- Recurring web maintenance is only available upon request by the Client and will be quoted separately.
- Termination of services by the Client must be requested in a written notice via e-mail and will be effective on receipt of such notice. Text message or telephone requests for termination of services will not be honoured until and unless confirmed in writing.
- The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
- Copyright is retained by the Designer on all design work including words, pictures, ideas, visuals and illustrations created by the Designer unless specifically released in writing and after all costs have been settled.
- If a choice of designs is presented, only one solution is deemed to be given by the Designer as fulfilling the contract. All other designs remain the property of the Designer, unless agreed in writing that this arrangement has been changed.
- The Client retains the copyright to data, files and graphic logos provided by the Client, and grants the Designer the rights to publish and use such material.
- The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting the Designer permission and rights for use of the same and agrees to indemnify and hold the Designer harmless from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions.
- Client agrees that the design and website developed for the Client may be presented in the Designer’s portfolio, samples or professional competition.
Designer and any third-party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Client agrees that it will not convey any confidential information about the Designer to another party, unless directed by the Designer. This includes, but is not limited to, design concepts, sketches, codings, and photography.
The Designer hereby excludes herself, her Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of the Designer to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Changes of Terms and Conditions
The Designer reserves the right to make changes to these terms and conditions from time to time without notice. Please contact the Designer if you do not understand any of the terms and conditions in the above.