TERMS & CONDITIONs
The following terms and conditions apply to all website development / design services provided by Tommy Marketing to the Client.
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.
2. Payments and Deposits
For quote RM3,000.00 & below, full amount required to execute the website framework design & development and for quote RM3,000.00 & above, a 90% deposit of the total fee payable under our proposal upon you instructing us to proceed with the website framework design and development work. The remaining 10% shall break into 2 parts which is 5% to be paid upon present of 1st website ‘draft' published and 5% due when the website is completed to your reasonable satisfaction 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.
Because all work is produced specifically for each customer, returns and refunds are not available. Once client has paid, research, development and planning teams are allocated are made, which are not labelled in the quotation documents but are part of the project work. All fees paid are non-refundable. Once a project quotation has been agreed and the first payment has been made, there is no allowance for cost negation unless the project specification changes.
3. Supply of materials
Client 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.
4. Approval of works
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 14 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 14-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 10% balance of the project price will become due.
5. Rejected works
If you reject any of our work within the 14-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 the 90% deposit as recover payment for the developing work we have did.
Upon completion of the 14-day review period, we will invoice you for the 5% balance of the project.
If you don't able to fulfill the payment in the due date, we may have the right to unpublish your website and keep all the content and copies under our company server.
7. Search Engine
We do not guarantee any specific top position in search engine results for your website. We perform standard search engine optimization according to current best practice and marketing advice.
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.
9. Additional Expenses
Client agrees to reimburse Tommy Marketing for any additional expenses necessary for the completion of the work. Examples would be purchase of premium software or plugins, special unique fonts, stock photography , high-end domain name and etc.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Tommy Marketing the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Tommy Marketing permission and rights for use of the same and agrees to indemnify and hold harmless Tommy Marketing from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Tommy Marketing that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
You have no ownership of, or proprietary rights in, any rendered service unless an extended license is purchased .
Tommy Marketing will carry out work only after an agreement is provided either by telephone or email. We are not liable for any cost incurred, compensation or loss of earnings due to and of the following:.
– the work carried out on behalf of the client or any of the clients appointed agents.
– website content created by the client via the content management system.
– website bugs, viruses or the unavailability of the site, its servers, software or any material provided by its agents.
Tommy Marketing will only carry out work outlined in the quotation/invoice agreed by the client. Any extra request from the client which are not outlined in the quotation/invoice can be declined or will incur additional charges to the client.