Terms and condition
Websempire Terms and Condition Apply.
Website Design and Development (Websempire)
In these Terms and Conditions the words ‘Websempire’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Websempire.
The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.
These Terms and Conditions apply to all products and works created by Websempire, including all codes, design, illustration, text, images and videos.
All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
By accepting a quote, you agree to and accept the terms and conditions of Websempire. Acceptance can be made by email, payment of Initiation or signing a quote.
Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Websempire.
There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
Websempire will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
Any bugs (programming errors) reported during or just after the development does not attract additional charges.
Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Websempire be liable for any delays caused by change in the project brief.
Website/application content and all related materials need to be provided to us within the first two weeks of starting the project or as soon as possible. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
Responsive/multi-device compatible web pages are tested on Androids, iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
Please note that at any stage during the project, stalling of the project for over one calendar months will incur RM50/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
Websempire software codes (not including open source software) are copyrights of Websempire. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Websempire does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
Websempire takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
Hosting charges are not included in the quotations unless mentioned otherwise. Websempire can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Websempire will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
Websempire generally builds and tests the websites/applications on our own servers or hosted domains. Websempire cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Websempire , upon full payment of any outstanding invoices, Websempire will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
Cancellation and refund can be made within 14 days from project commencement date. We do not offer a refund to completed or working website.
All communications/correspondences must be done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.