The Client (hereinafter referred to as “Client”) is engaging JZUO DIGITAL PLT (LLP0024647-LGN) (hereinafter referred to as “JZUO”) as an independent contractor for their products and services. The following terms and conditions of service apply to all the products and services provided by JZUO.
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Payment & Service Charges –
- Initiation Payment – A minimum of 50% down payment fee must be received prior to the start of any service provided. The deposit is non-refundable.
- Project Handover Payment – Final payment is due prior to publication and/or delivery of the products or services. JZUO reserves the right to remove any products or services from viewing on the internet until final payment is made. In the case whereby the client has not provided any feedback or changes to the products or services within 21 days (3 weeks), it will be assumed the work has been accepted as complete and the project will be closed. Further edits required for the products or services after this period will need to be formally rescheduled and may include additional charges.
- Recurring Payment – Billing will occur in the form of a one-time payment or an automatically recurring monthly payment. If billing is to include an automatically recurring payment, all payment for agreed services will be paid in advance on a monthly basis. In the event Client chooses to terminate services prior to completion of the contract term then Client agrees to pay an early termination fee equal to the remaining contract value. Contract value is determined by taking the number of months agreed to in the contract or insertion order times the monthly fees applicable to the services.
- Late Payment – In the event of a failure of the payment method authorized by Client, and one or more payments are made later than the due date, such late payments are subject to a late fee equal to the greater of RM 650 or 10% of the total payment due, but not to exceed the maximum amount allowed by applicable law. In addition to late fees, Client agrees to pay all attorney’s fees and costs incurred by JZUO for late payment collection efforts.
- Quotation Validity – Charges for services to be provided by JZUO are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. JZUO reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
- Additional Expenses – Client agrees to reimburse JZUO for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugin upgrade, copywriting, product pictures shooting etc. Any customization on plugin provided will be charged.
- Free feature policy
– Mentioned FREE domains will only be the “.com” Domain; excluding premium domains. It will be provided for FREE for 1 year only and JZUO will charge domain renewal charges for the next year before domain expiry date.
– FREE shared hosting (Basic hosting) will be provided for first year only.
– Free SSL certificate will be provided for Universal SSL or self-signed SSL.
– Free Google Ad promo only limited to Simple Search Ad. JZUO reserves the right to modify, cancel and limit any promotion or offer.
Content Ownership
- Client unconditionally guarantees that any elements of text, graphics, photography, design, trademark, or other artwork furnished to JZUO inclusion in the Website Design Project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, project, indemnify and defend JZUO.
- Client should supply all texts, pictures and photos in softcopy. JZUO is not responsible in any copywriting issue and picture copyright issue in the website.
- Copyright to the finished Website Design Project produced by JZUO will be owned by JZUO. The Client will be assigned the right to use the Website Design Project as website, once final payment under this agreement and any additional charges incurred have been paid. Right to photo, graphics, source code, work-up Tiles, and computer programs specifically are not transferred to the client, and remain the property of their respective owner; JZUO and its subcontractors retain the right to display graphics and other Website Design Project element as examples of their works and respective portfolios. All Website Design Projects will contain a copyright/legal statement with a link to JZUO Company Website.
Indemnity – The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the website design project and any other service contemplated herein, and will hold harmless, protect, and defend JZUO from any claim, suit and penalty.
Change to Project Scope – This agreement constitutes the sole agreement between JZUO and the Client regarding this Website Design Project. Any change to project scope not specified within this contract or any other amendment or modification to this contract must be authorized by written request signed by both Client and JZUO. JZUO reserves the right to revise fees and delivery dates pertaining to the changes.
Amendments – Maximum 3 times amendments; 1 Major Amendments (Design & Content Editing by client) & 2 Minor Amendments (Spelling Error, Grammar). Additional amendments of RM400 per page will be charged.
SEO – Client acknowledges the following with respect to SEO service:
- JZUO has no control over the policies of search engines with respect to the type of websites and/or content that they accept now or in the future. Client website may be excluded from any direction at any time at the sole discretion of the search engine or directory or when client previous engaged unethical search engine optimization techniques and the website being banned by Google, Yahoo, & MSN. JZUO will resubmit those pages that have been dropped from the index. If the website is being banned by Google, Yahoo, & MSN, JZUO is no way able to optimize your website further unless client registers a new domain name and website.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, JZUO does not guarantee #1 position of consistent top 10 positions for any particular keyword, phrases or search term. JZUO does not guarantee the number of keywords, but will work with good ethical and professional attitudes to ensure client website receive good amount of traffic using various combinations of keywords/key phrases.
- Some search engine and directories may take as long as 3 to 6 months, and in some cases longer, after submission to list your website.
- Occasionally, search engine will drop listings for no apparent or predictable reason. Often listing will “re-appear” without any additional submissions. Should the listing not re-appear, JZUO will re-submit the website.
- The JZUO is not responsible for changes made to the website by other parties that adversely affect the search engine ranking of the Client’s website.
- Additional services not listed herein or proposal will be provided for RM 650 per day. For example, purchasing keywords beyond the scope in the SEO proposal, NOTE: JZUO does not practice or promote any unethical search engine optimization techniques, which include blackhead SEO or creating unethical doorway pages to generate traffic. JZUO ALWAYS USES THE BEST PRACTICES/METHODOLOGIES TO POSITION VARIOUS KEYWORDS/KEY PHRASES TO TOP POSITION BUT IN NO WAY USE THE WORD “GUARANTEE” TO POSITION CLIENT WEBSITE AT 1st AND 2nd PAGE OF GOOGLE, YAHOO, & BING.
- Client guarantees any element of text, graphics, photos, designs, trademarks, or other provided to JZUO for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the element, and defend JZUO and its subcontractors from any liability or suit arising from use of such elements.
- JZUO is not responsible for Client’s overwriting SEO work to Client’s website. IE/Client webmaster making changes and uploading over work already provided. Client will damaged an additional fee for re-constructing Metas, etc. based on the daily rate of RM 650. i. As part of the SEO packages, JZUO does not guarantee the creativeness of the website and continue requiring JZUO to make continuous amendment.
Training – For website with administrative control panels or content management system, one(1) one hour introductory online sessions will be provided. For website with E commerce control panels, two(2) one hour introductory online sessions will be provided. Additional Charges are applicable in case the client needs more training on using the system.
Technical Support – We offer online support to our clients. We don’t normally bill for technical support depending on the source of the problem, its severity and our time invested. If JZUO is not the source of the problem, technical support may be billable.
Limitation of Liability –
Client will not, under any circumstances, seeks to hold JZUO responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services, including but not limited to:
- loss of profits arising out of, or in connection with, this agreement;
- use, misuse, suspension and or loss of any Client domain registrations;
- interruption to the business and operations of the Client;
- access delays or interruptions to any website accessed by registered domain name of the Client;
- non-delivery, mis-delivery, corruption, destruction, or modification of data and or information;
- events beyond the control of JZUO
- processing of an application for domain name registration;
- JZUO offers a limited hosting services and email service through an out-sourced virtual server. JZUO does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
In the event, JZUO is held liable for any loss or damage whatsoever and howsoever arising under this agreement, the parties agree that, as a precise pre-estimate of damage cannot be properly ascertained, for the purpose of determining liquidated damages, the maximum aggregate liability of JZUO to the Client shall not exceed the total amount paid by the Client to JZUO for:
domain name registration; and hosting services applying to any relevant domain name registered to the Client.