Terms of Service

Last Updated: 14 September 2023

By placing an order with us, you confirm that you are in agreement with and bound by the terms and conditions outlined below.

1. Charges and Fees

1.1 Payment Terms: Unless a separate agreement is reached upfront, our payment terms are as follows:

– For projects with an invoice amount below RM3,000, we require 100% full payment upfront.
– For projects with an invoice amount above RM3,000, a 60% deposit is due upon mock-up confirmation, with the remaining 40% payable upon project completion.

1.2 Separate Agreements: If a separate agreement or quotation has been raised, it will supersede the payment terms stated in this document.

1.3 Deposit: Please note that the deposit is non-refundable if you decide to cancel the project midway.

1.4 Outstanding Balance: Any outstanding balance is due upon the completion of the project. The balance should be cleared within 14 days of the project’s completion.

1.5 Late Payments: If payment is not cleared within 14 days after project completion, Webspire Solutions shall be entitled to cease all further work or suspend your account until payment is made, as applicable.

1.6 Non-Payment Impact: Webspire Solutions shall not be liable for any delay or failure in providing quoted services resulting from non-payment of the invoice.

1.7 Extra Features: Any additional feature requests not quoted in the initial quotation will be charged separately and must be paid before incorporating the requested extra features.

2. Design Changes and Alterations

2.1 Design Requests: We will accept design change requests that are deemed “reasonable” by Webspire Solutions. However, outstanding balances must be settled before submitting any change requests, except in cases of design mismatches or mistakes made by us.

2.2 Change Limitation: We allow one change per section or content. Additional changes beyond this limit will incur extra charges.

2.3 Timeframe: Change or alteration requests should be submitted within two weeks. We reserve the right to reject any requests submitted after this period.

2.4 Design Template: Once the design template/mock-up/layout is confirmed, no further changes can be made once the work has commenced.

3. Scope of Work

3.1 Service Coverage: Our services encompass web design, web development, and internet marketing. If you sign up for web design only, our scope is limited to web design.

3.2 Exclusions: We do not provide services outside of web design or internet marketing, such as creating email accounts, setting up email clients, website backups, and similar tasks.

3.3 Customizations: Any services or customizations not explicitly mentioned in our quotation are considered optional and will be charged separately.

3.4 Proofreading: We do not offer proofreading services. Content provided by you will be used as is. If proofreading is required, it must be arranged and paid for separately.

3.5 Product Showcase: For Web Design Plans, we will assist in uploading a maximum of 10 products/photos on a page that showcases your products or a photo gallery. Additional products/photos require prior communication and may incur additional charges.

3.6 E-commerce Solutions: For e-commerce solutions, we will create up to 10 categories and upload up to 10 products as examples. Additional categories and products are your responsibility. If assistance is needed beyond the initial setup, additional charges will apply.

3.7 Content Editing: We do not provide services for designing information pages, editing product photos, editing logos, or editing images for use on the website.

3.8 Support vs. Customization: While we offer free support for clients who renew annually with us, certain services, such as customizations, are not covered and are subject to additional fees.

4. Search Engine Optimization (SEO)

4.1 SEO Service: We do not provide SEO (Search Engine Optimization) services. If you require SEO services, we can refer you to trusted partners in this field.

4.2 No Ranking Guarantee: We do not guarantee that your website will rank in any search engine. We are not responsible if your website does not appear in search engine results.

4.3 SEO-Friendly: When we mention “SEO-friendly,” it means that most (but not all) of your website’s URLs will be canonical links and not dynamic. This does not include content rewriting, additional content creation, or external SEO activities.

5. Project Delays and Client Liability

5.1 Project Timelines: We will make reasonable efforts to adhere to proposed project timelines, but any proposed date is an estimate only. We accept no liability for failing to meet these dates.

5.2 Client Feedback: Upon completion of the work, you must provide feedback within 7 days regarding any unsatisfactory points. Once approved or deemed approved, work cannot be rejected subsequently, and any outstanding project balance becomes due within 14 days.

5.3 Project Delay by Client: If the client requests a project delay, they are required to settle any outstanding balances at the end of the second month. We will resume work once the client re-engages.

5.4 Account Suspension: We reserve the right to suspend your website or marketing service if an invoice remains overdue for 14 days or more.

5.5 Late Payment Interest: If your website is suspended for more than 30 days, a late payment interest of 1% per month on the outstanding balance will be collected.

5.6 Reactivation: Suspended websites must be reactivated within 30 days. If reactivation occurs after this period, the client must pay both the outstanding balance and the late payment interest to restore the website.

6. Supply of Materials

6.1 Client’s Responsibilities: Clients must supply all relevant information and materials necessary for the project’s completion. This may include photographs, logos, written copy, and other related materials.

6.2 Delay Impact: Any delay in supplying these materials that leads to project delays may result in extended deadlines.

6.3 Outstanding Balance: Regardless of material delays, any outstanding balance must be settled by the end of the second month.

6.4 Copyright Responsibility: Clients are responsible for ensuring that all materials provided do not infringe on copyright or intellectual property rights. We are not responsible for copyright issues arising from client-provided content.

7. After Sales Support

7.1 Support Channels: Support is provided through our support portal and support email, unless a separate agreement is reached upfront.

7.2 Support Ticket Priority: Support tickets are categorized by priority:

– “High” priority issues receive a response within 2 business hours.
– “Medium” priority issues receive a response within 24 business hours.
– “Low” priority issues receive a response within 48 business hours.

7.3 Exclusions from Free Support: Our free support excludes certain areas, including server issues, slow website loading, email malfunctions, website inaccessibility, search engine ranking issues, and specific device/browser compatibility.

7.4 Content Management System (CMS) Support: We offer support for existing features that malfunction within the CMS but do not provide support for user-generated errors or faults resulting from user modifications to HTML and CSS. Users should have the necessary HTML and CSS knowledge for self-edits. Once the user makes HTML or CSS modifications, our support ends.

7.5 Support

Hours: Support is available Monday to Friday, 10AM-5PM GMT+8, with a 1-hour lunch break. Support issues must be communicated through email or Whatsapp (for urgent matters); no support is provided via WeChat, Telegram, Line, or other communication platforms.

7.6 Extra Training: Additional training due to staff changes or resignations is available at an extra cost upon request.

7.7 Ownership and Support: Support and service warranties are one-time, one-owner licenses. If ownership or hosting provider changes, support ceases unless the new owner agrees to additional fees for support.

7.8 Respectful Communication: We require respectful communication and reserve the right to terminate communication and support if clients use rude language, engage in spam calls, spam SMS, or emails, make excessive demands, or conduct disrespectful actions or conversations toward our employees. Subscription termination may occur, and we are not obliged to serve the client or their website in such cases.

7.9 Single Point of Contact: We prefer to communicate with one designated person in charge per project. Our team will not participate in team or group chats (e.g., WhatsApp Group, WeChat Group, Facebook Group). Internal alignment of requirements within the client’s team should precede communication with our team.

8. Browser Compatibility

8.1 Supported Browsers: We design websites to work with the latest versions of Google Chrome only.

8.2 Other Browsers: Compatibility with Internet Explorer, Safari, and other browsers is not guaranteed, as they often do not work well with most web codes.

8.3 Mobile Compatibility: “Mobile Friendly,” “Mobile View Ready,” or “Responsive Design” indicate that the website will perform well in the latest mobile browsers. However, we cannot guarantee compatibility with all mobile devices and browsers due to the wide variety available.

8.4 Mobile Functionality: “Mobile View Ready” does not imply full mobile site functionality. We do not provide additional design or feature changes for mobile versions of websites in both responsive and non-responsive design projects.

9. Subcontracting and Outsourcing

9.1 Outsourcing Rights: We reserve the right to outsource services as we deem appropriate.

10. E-Commerce

10.1 Legal Compliance: Clients are responsible for compliance with all relevant e-commerce laws, rules, and regulations. Payments, customer information, products, and services are the client’s responsibility once website ownership is transferred.

10.2 Payment Issues: Problems and fraud related to payments should be resolved between the client and specific payment gateway providers.

10.3 Prohibited Activities: We do not provide e-commerce services to businesses engaged in illegal products, drugs, gambling, or obscene materials. We are not responsible if clients engage in such activities in the future.

10.4 Additional Information: For more details on our e-commerce service, please refer to our FAQ page. To learn how to operate our e-commerce platform, consult our knowledgebase.

11. Web Hosting and Domain Name

11.1 Provider Communication: If you clients are using existing domains and web hosting from other companies, any issues involved should be directly communicated with the hosting and domain provider.

11.2 Hosting Responsibility: Webspire Solutions, as a reseller of hosting plans and domain names, is not responsible for any support issues related to your hosting and domain, regardless of whether you signed up through us.

11.3 Domain Name Types: The domain name included in our web design plan covers top-level domains only (.com, .net, .org, .biz). Country-level domains such as .com.my and .my incur additional charges.

12. Server Hosting Policy and Fair Use

12.1 Uptime Guarantee: We strive to ensure an average yearly uptime of 99% or higher. This excludes scheduled maintenance and uncontrollable downtime, such as natural disasters.

12.2 Fault Reporting: For any service fault, you must report it to Webspire Solutions’ Technical Support by telephone or email. We will make reasonable efforts to rectify faults promptly.

12.3 Mass Emails: Sending mass emails (over 150 email addresses per hour) may result in email delivery issues due to shared email resources. Contact our sales team to upgrade to a Cloud Server or Dedicated Server for mass email sending.

12.4 Resource Allocation: We do not set arbitrary limits on resources. We aim to provide resources in line with the needs of clients, as long as usage complies with these terms. We reserve the right to limit processor time, bandwidth, processes, memory, or number of files to prevent negative impacts on other clients.

12.5 Unlimited Resources: We do not set arbitrary limits on traffic or content uploads. However, certain actions, such as running resource-intensive websites, may require an upgrade to a Cloud server or Dedicated Server.

13. Warranty and Ownership of Intellectual Property Rights

13.1 User-Induced Errors: We are not responsible for the recovery of mistakes caused by users who tamper with the website’s functionality, content management system, software, or web apps.

13.2 Website Ownership: Access to the website backend and content management system is provided per prior agreement. Ownership and login credentials for the website depend on the payment status. Ownership and copyright transfer occur upon full payment settlement.

13.3 Footer Copyright: A link to Webspire Solutions’ website will appear in the footer of your completed website. Removal of this copyright statement is prohibited. Unauthorized removal may lead to support termination and legal action.

13.4 Ownership of Tools: The website’s content management system, eCommerce platform, Facebook analytics, management tools, SEO tools, and Google Ads-related tools are the property of Webspire Solutions and are not transferable.

13.5 Domain Ownership: Clients own the domain name, but ownership of the website platform and related tools remains with Webspire Solutions until all outstanding balances, including web design service, domain fees, web hosting fees, and other related fees, are settled.

13.6 Database Export: Upon service cancellation, clients can export the database, including order history and customer lists. Coding, platform features, add-ons, plugins, and software remain the intellectual property of Webspire Solutions. HTML and CSS files are not included in exports.

13.7 Facebook Page Ownership: For marketing management services, Facebook Page ownership is transferred upon full service completion. We retain ownership of Facebook Ad accounts created from our Business Manager. No data transfer from the Ad account to others is provided.

13.8 Editable Files: We do not provide editable or native files (e.g., .ai files) for completed artwork.

14. Refund Policy

14.1 No Refunds: We do not offer refunds once payment is made.

14.2 Refund Considerations: Refunds may be considered in cases where we fail to initiate or deliver a project according to the invoice terms. Additional requests or features added after the initial agreement are not considered delivery failures.

14.3 Marketing Services: Refunds for marketing services are limited to the Ads Spend balance and do not include management fees. Engaging in prohibited ads may result in a one-time RM5,000 fee for the loss of the Ad account.

14.4 Contracted Services: Terminating contracted services before the end date does not warrant a refund of management fees, only a refund of prepaid Ads Spending budgets.

15. Extended Warranty / Support

15.1 Standard Renewal: All plans with a standard yearly renewal fee include free support via email.

15.2 Opt-Out Plan: For clients opting out of yearly recurring fees (available for Custom Website Development only), free priority support is available

for 1-2 months, depending on the quotation. After this period, support is no longer provided for free.

15.3 Top-Up Support: Clients can purchase extended warranty or support after the free period; details are available on our website.

16. Disclaimer

16.1 Client Business Responsibility: Clients’ businesses are their own assets, liabilities, and rights. We are not involved in our clients’ business activities. Any legal issues arising from clients’ websites are their responsibility. We will comply with any warrants or court orders related to our clients’ websites.

16.2 Website Content: Clients should ensure that their products and services are legal and compliant with all relevant laws in their country.

16.3 Portfolio Use: Clients agree to allow Webspire Solutions to use their profiles, businesses, websites, and case studies for portfolios and marketing materials.

17. Last Updated

This document was last updated on 14 September 2023. We reserve the right to amend these terms and conditions without prior notification. Clients are responsible for reviewing them periodically.