This Terms and Condition Agreement (the “Agreement”) is an agreement between you (the “User”) and WEBIST SOLUTIONS (“WEBIST SOLUTIONS“, “we”, or “us”). We provide Users with access to certain Materials (as defined below) to help our customers create and manage websites by providing general and personalized content, website hosting services, communication tools and emails, and ecommerce tools and services (collectively, the “Services”) directly and through the website and associated domains of https://www.webist.com.my (the “Site”). This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us. By using the Site in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site.
General Items
1. Quotations
1.1 Quotations submitted according to project specifications will remain valid for a period of 30 days from quote date. If this 30 day period lapses without client approval, or without requests for alterations or extensions by the client, the quote will expire. Thereafter, WEBIST SOLUTIONS may amend the quote according to our current rates.
1.2 ALL quotations are submitted on the condition that all content, text, images and relevant information will be supplied by the client to WEBIST SOLUTIONS, unless otherwise agreed upon. Amendments can be made to the quotation within the 14 days of the original quote date, however each new quote submitted will have the effect of completely overriding it’s preceeding quote.
1.3 As all quotations are carefully considered in light of each projects specific technical requirements, WEBIST SOLUTIONS reserves the right to amend any quote should the project specifications change, or if it becomes clear that the project specifications in which not communicated in a reasonably clear and correct manner by the client to WEBIST SOLUTIONS at the outset of the project.
1.4 In the event that a client is unable to provide a detailed project specifications document , WEBIST SOLUTIONS reserves the right to quote and bill for the initial research and planning needed to outline the exact specifications and technical requirements necessary to complete the project as required by the client. Such research and planning shall be billed according to our standard hourly rate.
1.5 WEBIST SOLUTIONS reserves the right to quote & bill for project management. Such project management shall be billed according to our standard hourly rate.
1.6 To formally accept a quotation by WEBIST SOLUTIONS, the quote must be signed and dated by the client and returned to WEBIST SOLUTIONS via email. No project will commence unless it’s formal acceptance of the quote is received by WEBIST SOLUTIONS within the 30 day period as specified in point 1.1.
2. Deposit and Placement of Order
2.1 The 50% deposit (Only Applicable for Website Product) or full payment of the total quoted amount becomes due immediately once the quote is formally accepted and once a tax invoice has been sent to the client. WEBIST SOLUTIONS accepts cash deposits, electronic transfers and cheque payment. Credit card payments are accepted in special circumstances and if previously arranged upon.
2.2 No project shall commence until the 50% deposit (Only Applicable for Website Product) or Full Payment has been made and confirmed. Should a client cause a delay in the commencement of the project by failing to make deposit within a reasonable time period, WEBIST SOLUTIONS accepts no responsibility should the deadline of the project not be met.
3. Project Phases
3.1 Alterations, and additions may be requested at any time, during any phase of the development of a project. WEBIST SOLUTIONS will determine whether or not such alterations and additions fall within the scope of the original project brief and specifications. If they do not, WEBIST SOLUTIONS reserves the right to quote and bill for such alterations and additions, over and above the original quoted amount, according to our standard hourly rate. In the event of this happening, WEBIST SOLUTIONS will need to receive approval from the client, before any development commences.
3.2 It remains the sole responsibility of the client to provide a project brief, and or, specifications document which is detailed, accurate, clear and which sufficiently outlines the projects development requirements. WEBIST SOLUTIONS accepts no responsibility for any misunderstandings arising from a poorly drafted specifications document. Further, WEBIST SOLUTIONS reserves the right to charged additionally for any extra development time incurred as a result.
4. Hosting
4.1 Should a client request assistance with their hosting service provider, WEBIST SOLUTIONS reserves the right to bill for any such assistance provided. Further, WEBIST SOLUTIONS reserves the right to make use of a hosting provider of it’s choice.
4.2 In the event that a client’s website should experience technical difficulty, or downtime, and the source of such difficulty is found with the client’s hosting provider, WEBIST SOLUTIONS accepts no responsibility and shall not be held liable for any financial loss suffered by the client as a result.
4.3 It is expected that the client, and the client’s hosting provider will co-operate fully with WEBIST SOLUTIONS to complete the project successfully. It is expected that the client, and or, hosting provider shall provide the correct FTP details to WEBIST SOLUTIONS to successfully complete the project.
4.4 WEBIST SOLUTIONS shall under no circumstances provide FTP, database, login or any other confidential information, unless it is specifically requested in writing, by an authorised representative, via the authorising email address or account.
5. Domain
5.1 We register your domain with third party domain registrars. When you register a domain name, or renew or transfer an existing domain name to us, you are entitled to the relevant registrar’s terms of service. However, you may not transfer your domain for the first sixty (60) days following registration or sixty (60) days before the expiration date.
5.2 For renewals, we’ll try to provide you notice at least fifteen (15) days before your domain renewal date. We are registering your domain with the details you have provided us during purchasing our website design plan services except domain administrative email, domain technical contact details and domain billing contact details.
5.3 We will update the domain administrative email when you request to transfer out in order for you to approve and receive the authorization code.
6. Disclaimer for liability
6.1 The client shall have no claim against WEBIST SOLUTIONS and the client hereby indemnifies and holds WEBIST SOLUTIONS free from liability in respect of any loss, damage or cost caused by or arising from:
6.1.1 any fact or circumstances beyond the reasonable control of WEBIST SOLUTIONS; or
6.1.2. any downtime, outage, interruption in or unavailability of any of the services or the WEBIST SOLUTIONS network infrastructure as a result of or attributable to any of the following causes:
6.1.2.1 software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises;
6.1.2.2 the non-performance or unavailability, of whatever nature and howsoever arising of any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
6.1.2.3 the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the client’s server or the WEBIST SOLUTIONS network is connected;
6.1.2.4 the service, repairs, maintenance, upgrades, modification, alterations or replacement of any hardware forming part of the client’s services or any faults or defects of whatever nature in such hardware;
6.1.3 any infringement of the client’s rights of privacy and/or any other like rights (including those of any other person or entity), arising from the services provided in terms of this agreement;
6.1.4 any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client’s information, data or content;
6.1.5 the damage, contamination or corruption of any kind of the client’s data, material, information and/or content howsoever occasioned;
6.1.6 any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the client’s hardware, software or systems by any party other WEBIST SOLUTIONS;
6.1.7 without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if WEBIST SOLUTIONS has substantially performed its obligations under this agreement.
6.2 Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the client shall have no claim against WEBIST SOLUTIONS and the client hereby indemnifies and holds WEBIST SOLUTIONS free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.
6.3 WEBIST SOLUTIONS reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the WEBIST SOLUTIONS network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the WEBIST SOLUTIONS network.
6.4 Although WEBIST SOLUTION shall use reasonable endeavours to provide disaster recovery,WEBIST SOLUTION does not specify any recovery time, nor shall WEBIST SOLUTION be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of WEBIST SOLUTION failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make backups of its data. Nothing contained in this paragraph should be construed as a representation that any backups of data implemented by client will be successful or in any way will avoid disaster.
7. Maintenance and repair
WEBIST SOLUTIONS may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of WEBIST SOLUTIONS’s services. Where the circumstances permit,WEBIST SOLUTIONS shall use its best endeavours to provide prior notice of any such suspension to the client. The client shall not be entitled to any set-off, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond WEBIST SOLUTIONS control.
8. Intellectual property
8.1. All intellectual property rights vested in or owned by a party or held by a party under any licensing agreement with any independent third party (including, but not limited to, intellectual property rights obtained or developed by a party after commencement of this agreement), shall be and remain the sole property of such party and the relevant licensor’s respectively.
8.2. The client shall not be entitled to use any of the trademarks, logos, brand names, domain names or other marks (collectively referred to herein as “marks”) of WEBIST SOLUTIONS without the prior written approval of WEBIST SOLUTIONS. The client hereby grants WEBIST SOLUTIONS a non-exclusive licence to use the client’s marks but only to the extent necessary or required by WEBIST SOLUTIONS to exercise its rights or fulfill its obligations under this agreement.
8.3. Other than specifically provided in this agreement,WEBIST SOLUTIONS shall wholly and exclusively retain all existing, and become the exclusive and unencumbered owner of all, intellectual property right(s) employed in or otherwise related to WEBIST SOLUTIONS network infrastructure, the WEBIST SOLUTIONS e-commerce network infrastructure,WEBIST SOLUTIONS’s business and the provision of any of the services in terms of this agreement.
9. Customer’s Obligations
Grant Webist Solutions prompt access to:
4.1. management, executives and owners of the Customer as required to deliver the Services.
4.2 install tracking software on all their digital assets to allow better refinement of marketing.
4.3. Acknowledge that Webist Solutions:
4.3.1. makes no promise regarding conversion rates and has offered to introduce the Customer to an expert in conversion rate optimisation if the Customer needs assistance with that aspect of their marketing.
4.3.2. Cannot control changes to Facebook or other social media marketplaces and accordingly is not able to guarantee results but by using its professional skills aims to deliver an incremental improvement of results experienced.
4.4. Upon receipt of the Services, test any functions created and provide feedback on any design and function testing undertaken within a timely manner and prior to deployment of any product generated by the Services created.
4.5. Assert no claim over any intellectual property rights relating to the Services (IP Rights) until any outstanding amounts, including for the avoidance of doubt any costs incurred by Webist Solutions on behalf of the Customer, are paid.
4.6. Do all things reasonably required by Webist Solutions to allow Webist Solutions to reclaim all IP rights
4.6.1. In the event that any payments are recovered pursuant to insolvency or bankruptcy actions; and
4.6.2. Pending satisfaction in full of all amounts owing toWebist Solutions
4.7. The customer agrees to indemnify and hold Webist Solutions and any of its associates harmless from any claims resulting for the use of hosting services or material provided toWebist Solutions for use in delivering the Services, including claims relating to damage to the Customer or to any other party.
4.8. In relation to web site hosting only:
4.8.1. Use of Servers
Customers should not attempt to access the sites of other Customers, and should not attempt to hinder the operation of our servers in any way. We reserve the right to refuse or cancel service to any Customer. All passwords must be kept confidential. The Customer may not make any password available to the public or to groups of people. This includes POP, FTP and Telnet passwords. You may not allow the public or groups of people to access any of your POP, FTP or Telnet accounts in any manner as this presents an unacceptable security risk.
4.8.2. Acceptable Content
The Customer’s site must not contain material, or contain any link to material, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene or which encourages unlawful behaviour. This includes any site with depictions of nudity, as well as material relating to hacking or pirated software. Petrol Digital has sole discretion to determine whether a site’s content is acceptable. Sites with unacceptable content will be removed from our servers.
4.8.3. Use of Disk Space
The Customer may not resell or give away disk space to any third party without written permission fromWebist Solutions. The Customer should set mail software to delete mail from the server once retrieved. This will speed up mail retrieval and will help avoid excess disk space requirements. It will also help to ensure that mail is not lost due to a mailbox being over quota.
4.8.4. Resource-Intensive Programs
If the Customer installs and runs a resource-intensive program on the servers there may be an additional monthly charge, or Petrol Digital may prohibit execution of the program.
4.8.5. Spam (Unsolicited Bulk Email)
Spamming, or sending of unsolicited bulk email, from aWebist Solutions server is strictly prohibited. Additionally, the Customer agrees not to use an email address or domain name which is hosted by Petrol Digital to send unsolicited bulk email.
4.8.6. Technical Support
Webist Solutions will provide unlimited technical support relating to the operation of the server and the use of the server’s facilities at no additional cost. Please note though thatWebist Solutions do not provide free support for problems with website code, or content, or databases, or designs and accordingly such requests for assistance will require that the Customer hold pre-paid credits forWebist Solutionsl’s time and will be charged on an hour or part thereof basis.
4.8.7. Invoices and Payments
The Customer agrees that if a hosting payment is overdue then the account(s) may be suspended and/or removed from the Petrol Digital servers without notice. Any breach of Petrol Digital trading terms or overdue invoice payments will result in account suspension of Services.
4.8.8. Refusal of Service
Petrol Digital reserves the right to refuse or cancel the Services at their sole discretion. If the Customer breaches any of the above terms and conditions, the Customer agrees that Petrol Digital is permitted to deactivate and/or remove the account from the servers and charge at Petrol Digitals normal service rate for any services required to provide copies of the data before service was refused.
Project Specific Terms
1. Specifications and Payment terms
1.1 Once a quote has been accepted, a 50% deposit (Only Applicable for Website Product) or Full Payment is required before development commences. The remaining balance for Website Product will be paid before the website go live. If any development outside of the original project specifications is required,WEBIST SOLUTIONS reserves the right to amend the total amount quoted according to our standard hourly rate, or as agreed upon prior to the commencement of the additional work requested.
1.2 Additionally, no design or development work will begin, unless WEBIST SOLUTIONS has been provided with all content and specifications documents necessary to complete the project, by the client.
1.3 Should the project not be completed within 12 months subsequent to deposit payment of the 50% invoice, and such delay has been caused by;
1.3.1 the client’s failure to provide all necessary content & project specifications as described in point 1.2;
1.3.2 timeous approval of the various stages of the project; the 50% deposit will expire and the paid amount will be forfeited. In such a case,WEBIST SOLUTIONS shall cease all work on the project and re-issue a second 50% invoice to the client, which shall also include any work completed, but not previously invoiced for.
1.4 The first design concepts will be provided within 5 five working days upon confirmation of the 50% deposit.
2. Content
2.1 Any additional data capturing done as a result of incorrect or non-electronic formats provided, will be billed for according to our standard hourly rate. Content embedded within an image is not considered a usable format as it requires re-typing. Though all source code is the intellectual property of WEBIST SOLUTIONS, it will be made available to the client upon the completion of the project. WEBIST SOLUTIONS ensures that all information and data provided by the client remains confidential.
2.2 It is the client’s sole responsibility to ensure that the content, images, trademarks and other artwork supplied to WEBIST SOLUTIONS 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. WEBIST SOLUTIONS, accepts no responsibility in the event that such ownership, or right of use is legally disputed.
3. Design Phase
3.1 WEBIST SOLUTIONS will complete 3 design changes to the chosen design concept at no extra charge. Should more than 3 changes be requested, an fee will be charged according to our standard hourly rate.
3.2 Within 5 working days from date of payment of the 50% deposit, WEBIST SOLUTIONS will provide the client with the first drafts of the design concept.
4. Development Phase
4.1 Final launch of the complete project will occur;
4.1.1 Once the development phase has been formally accepted by the client, and;
4.1.2 Once final payment has been made.
4.2 WEBIST SOLUTIONS reserves the right to charge for any development updates or additions required after sign off of the development phase, according to our standard hourly rate.
5. Bug Fixes
5.1 Bugs are considered anything that prevent the developed product from functioning according to the website specifications given, after launch of the website. Bug fixes made within the first month of the website launch, will not be charged for. Thereafter, WEBIST SOLUTIONS reserves the right to charge additionally for bug fixes.
6. Final Launch
7.1 Launch of the final website will occur after WEBIST SOLUTIONS has received the final proof of payment. Launch will occur within normal office hours, being 8.15am 5.30pm, Mondays to Fridays.
7.2 If the final proof of payment is received before 12pm on any given working day, launch will occur that same day. If the proof of payment is received after 12pm, launch will occur the following working day.
7.3 Should WEBIST SOLUTIONS be required to launch over a weekend, public holiday, or outside of normal office hours, an additional fee will be charged according to our standard hourly rate.
Cancellation Policy
If you want to cancel the schedule ads, we will charge the management fees based on the actual ads spend. For example, if
actual ads spend is RM750, then management fees will be (RM750 x 100% / 75%) – RM750(Actual Ads Spend) = RM250 for management fees. We require 3 days cancellation notice prior to schedule ads.
Termination of Service(s)
Services may be terminated by us, without cause, at any time. Services may be terminated by you, without cause, by emailing us via [email protected]. WEBIST SOLUTIONS may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. Notice of termination of Services by Webist Solutions may be sent to the contact e-mail associated with your account. Upon termination, WEBIST SOLUTIONS has the right to delete all data, files, or other information that is stored in your account. No refund will be issued in termination of service(s).
Termination/Exclusion
This agreement is effective unless and until either by the customer or WEBIST SOLUTIONS. Customer may terminate this agreement at any time. However, WEBIST SOLUTIONS may also terminate the agreement with the customer without any prior notice and will be denying the access of the customer who is unable to comply the terms and conditions above.
Privacy Policy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
1. The Information We Collect
This notice applies to all information collected or submitted on this web site. On some pages you can order products, make requests, or register to receive information. The types of personal information collected on these pages are:
- Name
- Address
- Email address
- Phone number
- etc.
2. The Way We Use Information
We use the information you provide about yourself when placing an order only to complete that order. We do not store or share this information with outside parties except to the extent necessary to complete that order.
Occasionally it is necessary to use the services of an associate. In this case we will share only what is necessary in carrying out the activities performed by the third party. (Examples would include credit card processing company, shipping company, etc.)
We use return email addresses to respond to email inquiries. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register on our web site to receive our newsletter and other information. Information you submit in other areas of our web site will not be used for this purpose unless you fill out the subscription form. If you elect to no longer receive our newsletter, you may unsubscribe at any time. Every newsletter provides unsubscribe information.
This site contains links to other sites. WEBIST SOLUTIONS is not responsible for the privacy practices or the content of such Web sites.
Information provided via a form on the WEBIST SOLUTIONS web site is used strictly to provide the information necessary for us to fulfill your request. We will never send unsolicited emails. We will also never sell, trade, give-away or rent any information provided in any form on this site to third parties for purposes of building contact lists, or anything of that nature.
