The following terms and conditions apply to all services, including website development and design services, (the Services) provided by EXITANDO SDN BHD to the Client, in conjunction with any relevant quotation provided to the Client by EXITANDO SDN BHD, unless otherwise agreed in writing. Acceptance of a quote, purchase and/or use of the Services shall be considered acceptance of the Terms.
Charges for the Services are defined in the project quotation that the Client receives from EXITANDO SDN BHD via email. Quotations are valid for a period of 30 days. EXITANDO SDN BHD reserves the right to alter a quotation or decline to provide the relevant Services after expiry of the 30 days.
The Client agrees to reimburse EXITANDO SDN BHD for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) purchase of domain names, special fonts and stock photography.
All Charges are exclusive of SST
EXITANDO SDN BHD shall submit invoices in line with the timescales above. Invoices are normally sent via email, but hard copy invoices are available on request. Payment is due on receipt of the invoice by the Client.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to EXITANDO SDN BHD.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on EXITANDO SDN BHD web space. EXITANDO SDN BHD will, at its discretion, remove all such material from its web space.
EXITANDO SDN BHD will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies EXITANDO SDN BHD otherwise within ten (10) days of the date the materials are made available to the Client.
EXITANDO SDN BHD will install and publicly post or supply the Client's website by the date specified in the project proposal, or at the date agreed with Client upon EXITANDO SDN BHD receiving initial payment, unless a delay is specifically requested by the Client and agreed by EXITANDO SDN BHD.
In return, the Client agrees to provide EXITANDO SDN BHD promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by EXITANDO SDN BHD for the performance of the Services.
During the project, EXITANDO SDN BHD will require the Client to provide website content; text, images, movies and sound files, along with any relevant background information.
EXITANDO SDN BHD is a established IT company, and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
If the Services involve Search Engine Optimisation we need the text content for the Client’s site in advance so that the SEO can be planned and completed efficiently.
If the Client agrees to provide us with the required information and subsequently fail to do within three (3) months of project commencement we reserve the right to close the project .
NOTE: Text content must be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages must have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system the Client is able to keep your content up to date itself.
EXITANDO SDN BHD makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, Microsoft Edge etc.). The Client agrees that EXITANDO SDN BHD cannot guarantee correct functionality with all browser software across different operating systems.
EXITANDO SDN BHD cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, EXITANDO SDN BHD reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed (including any expenses incurred, during the project period) to the date of first notice of cancellation for payment in full within thirty (30) days.
IP Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Each party (the Receiving Party) shall use its reasonable endeavours to keep confidential all information and documentation disclosed by the other party (the Disclosing Party), before or after the date of these Terms, to the Receiving Party or of which the Receiving Party becomes aware which in each case relates to any software, operations, products, processes, dealings, trade secrets or the business of the Disclosing Party (including without limitation all associated software, specifications, designs and graphics) or which is identified by the Disclosing Party as confidential (the Confidential Information) and will not use any Confidential Information for any purpose other than the performance of its obligations under these Terms. The Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party. This clause shall survive the termination of these Terms for whatever cause.
The Client will comply with Data Protection Law in connection with the collection, storage and processing of personal data (which shall include you providing all the required fair processing information to, and obtaining all necessary consent from, data subjects), and the exercise and performance of your respective rights and obligations under these terms and conditions, including all instructions given by the Client to EXITANDO SDN BHD and maintaining all relevant regulatory registrations and notifications as required under Data Protection Law.
The parties acknowledge that if EXITANDO SDN BHD processes any personal data on the Client’s behalf when performing its obligations under this agreement, the Client is the controller and EXITANDO SDN BHD is the processor for the purposes of Data Protection Law.
The scope, nature and purpose of processing by EXITANDO SDN BHD , the duration of the processing and the types of personal data and categories of data subject are set out in our Privacy Notice and the project quotation.
In relation to the processing of personal data under these terms and conditions, EXITANDO SDN BHD shall:
A text link to EXITANDO SDN BHD will appear in either small type or by a small graphic at the bottom of the Client's website.
EXITANDO SDN BHD designs and tests websites to work on its own servers, and cannot guarantee correct functionality if the Client wishes to use a third-party server. In the event that the Client is using a third-party server, it is the responsibility of the Client and any third party host to ensure that the server is compatible with the website. EXITANDO SDN BHD will assist the Client to configure the server if this is required. However, this may be subject to additional charges.
If the Client's website is to be installed on a third-party server, EXITANDO SDN BHD must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. Backup would be at Client’s responsibility.
In the event that the Client wishes to make alterations to the website once installed, the Client agrees to give EXITANDO SDN BHD the opportunity to quote to provide such alterations. There is no obligation on the Client to accept the quote provided by EXITANDO SDN BHD.
EXITANDO SDN BHD cannot accept responsibility for any alterations caused by the Client or a third party occurring to the website once installed. Such alterations include, but are not limited to additions, modifications or deletions.
EXITANDO SDN BHD may purchase domain names on behalf of the Client. Payment in relation to, and renewal of, those domain names is the responsibility of the Client to confirm with EXITANDO SDN BHD prior to the renewal date. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of EXITANDO SDN BHD . The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Nothing in these Terms shall operate to exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.
EXITANDO SDN BHD shall not be liable under or in connection with these Terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website; or (j) loss or damage to the Client’s artwork/photos supplied for the website, whether as a result of negligence or otherwise.
The entire liability of EXITANDO SDN BHD 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.