The term ‘SilverTIM’, ‘mySilverWeb’, ‘our’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is SilverTIM Sdn. Bhd. at D-3A-17, Block D, Level 3A, Kelana Square, No. 17, Jalan SS7/26, Kelana Jaya, Petaling Jaya 47301, Selangor D.E., Malaysia. Our company registration number is Co. Reg. 782254-T under Malaysian SSM registration. The term ‘you’, ‘visitor’, ‘client’ refers to the user or viewer of our website.
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by SilverTIM or mySilverWeb or its affiliates for its Clients.
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work commencement, sharing of first version of Wireframe draft design specification, but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit of the initial payment is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of MYR200.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
7. REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
8. FEES PAYMENT & RENEWAL
Upon completion of the 7-day review period or after delivered the first wireframe draft design, we will invoice you for the 50% balance of the project.
All charges payable by the Client shall be in accordance with the information quoted. The Client is required to pay all fees due in advance of a 12 month period of Service provision.
For the first 12 months of Service provision in some cases the payment of fees due shall form part of the Order process. For all subsequent 12 month periods of Service provision the Client will be sent an invoice and renewal notice 30 Business Days before the 12 month period is due to expire.
Payment must be made within the period or before the due date in order for provision of the Service to continue without interruption. Any change in fees will be reflected in subsequent renewals of Service provision. All fees payable by the Client to the Host shall be paid in full, without set off or deduction.
Our Company reserves the right to charge the Client any fees encountered as a result of such transfer. The Host reserves the right to suspend the Service or cancel the Client’s Order if fees are not paid on or before the due date. Interest shall be payable on overdue payments at the rate of 4% daily base rate to run from the due date for payment thereof until receipt by the Company of the full amount whether or not after judgement.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
11. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
12. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
15. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any Client data or Client websites except to the extent that such data loss arises out of a negligent act or omission by us.
17. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Joomla”, “WordPress”, “PrestaShop”, “WooCommerce”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
18. E-COMMERCE & SOCIAL DIGITAL MARKERTING
You are responsible for complying with all relevant laws relating to e-commerce, social digital marketing campaigns and advertisement, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify SilverTIM, its affiliates and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce and digital markerting.
19. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
20. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Malaysia. You and SilverTIM submit to the non-exclusive jurisdiction of the courts in and of Malaysia in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
This website and its content is copyright of SilverTIM or third party licensor holders. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
22. DISCLAIMER OF WARRANTY AND CONSEQUENTIAL DAMAGES
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL SILVERTIM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SILVERTIM SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SILVERTIM WEBSITE, SERVICES AND THE SILVERTIM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SILVERTIM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SILVERTIM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SILVERTIM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
23. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT POSSIBLE BY LAW, CREST FORCE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY CREST FORCE WEBSITE OR YOUR USE OF THE CREST FORCE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED MYR 50.
You agree to defend, indemnify, and hold harmless SilverTIM, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any SilverTIM website, (ii) Your use of any SilverTIM content, or (iii) Your breach of these Terms.
25. CONTACTING US
SilverTIM Snd. Bhd, D-3A-17, Block D, Level 3A, Kelana Square, No. 17, Jalan SS7/26, Kelana Jaya, Petaling 47301, Selangor, Malaysia.
T: +603-7880 3773
Updated 15 June 2018