Terms & Conditions
Brandname X Web Services
Terms and Conditions
This agreement governs the terms and conditions for the provision of website design, creation, and management services, including domain registration and web hosting (the "Services"), provided by Tera Algorithm Cloud Technology PLT (the "Provider"). By accessing or using the Services, the entity, individual, or organization (the "Client") agrees to be bound by these terms and conditions. The Client refers to the person or organization entering into this agreement with the Provider for the provision of the Services.
1. Services
The Provider will deliver website design, creation, and management services—including domain registration and web hosting—as discussed and agreed upon in written communications (e.g., email, WhatsApp, or other messaging platforms). Services will only be carried out upon confirmation of the scope and receipt of full payment of the corresponding invoice.
2. Client Responsibilities
The Client agrees to provide accurate, complete, and up-to-date information necessary for the provision of the Services. The Client is solely responsible for verifying the correctness of all content, including but not limited to text, images, and multimedia files, whether provided directly or processed by the Provider. The Provider will not be liable for any errors, omissions, or inaccuracies resulting from incorrect or incomplete information provided by the Client.
3. Scope of Work
Any work beyond the initial scope of the project, including but not limited to additional features, revisions, or content, will incur additional charges at the Provider's standard hourly rate or as otherwise agreed upon in writing.
4. Payment
Payment must be made via bank transfer as specified in the invoice or through another method explicitly agreed upon in writing. Services will only commence upon receipt of full payment. In the event of delayed payment, services may be paused or interrupted without notice. The Provider will not be held liable for any losses, damages, or disruptions resulting from late or non-payment.
5. Intellectual Property
- The Client retains ownership of all content provided for use in the Services, including but not limited to text, images, videos, logos, and other media ("Client Content").
- The Client warrants that they either own or have obtained all necessary rights and licenses for the use of such materials. The Client agrees to indemnify and hold the Provider harmless from any claims, damages, or legal actions arising from the use of Client Content, including any alleged infringement of third-party intellectual property rights.
- The Provider agrees to use the Client's intellectual property, including but not limited to logos, trademarks, and copyrighted materials, solely for the purpose of performing the Services under this agreement. The Provider shall not disclose, reproduce, or distribute the Client’s intellectual property to any third party without the Client’s prior written consent.
- The Provider retains all intellectual property rights in and to any custom code, templates, designs, and other materials created in the course of providing the Services, unless otherwise agreed in writing. Upon full payment, the Client is granted a non-exclusive, non-transferable license to use such materials solely for the intended website or project.
6. Domain Registration and Web Hosting
The Provider will register and manage the domain name for the website. Web hosting services will be provided by the Provider or a third-party hosting provider, as specified in the agreement. The Provider is not responsible for downtime, data loss, or other issues arising from third-party hosting services but will assist in coordinating support where possible.
7. Client Responsibilities and Acceptable Use
The Client agrees to use the website and related services in compliance with all applicable laws and regulations.
The Client shall not use the website for any unlawful or prohibited purpose, including but not limited to engaging in activities such as spamming, phishing, distributing malware, infringing intellectual property rights, or any other activities that may harm or disrupt the Provider's services or the services of others.
The Provider reserves the right to suspend or terminate the Client’s access to the website and related services without prior notice if the Client engages in prohibited activities or violates the terms of this agreement.
The Client agrees to indemnify and hold harmless the Provider from any claims, damages, losses, or liabilities arising out of the Client's misuse of the website or related services
8. Confidentiality and Data Protection
Both parties agree to maintain the confidentiality of proprietary information and data shared during the course of the project. This obligation extends beyond the termination of the agreement and is subject to applicable data protection laws.
9. Term and Termination
Either party may terminate this agreement by providing fourteen (14) days' written notice. Upon termination, the Provider is under no obligation to transfer any part of the website, including but not limited to the source code, database, hosting account, or domain name. Should the Client request any transfer of assets, it will be subject to the Provider’s standard rates and terms, which must be agreed upon in writing prior to commencement of any transfer work.
10. Limitation of Liability
The Provider shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Services.
The total liability of the Provider under this agreement shall not exceed the total fees paid by the Client for the Services.
11. Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of Malaysia.
Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Malaysia.
12. Force Majeure
Neither party shall be held liable for delays or failures in performance due to causes beyond their reasonable control, including but not limited to natural disasters, acts of government, or technical failures.
13. Amendments
The Provider reserves the right to amend these terms and conditions at any time. Any amendments will be effective upon posting on the Provider's website. It is the Client's responsibility to regularly review the terms and conditions to stay informed of any updates. By continuing to use the Services, the Client agrees to be bound by the most current version of these terms and conditions.
14. Severability
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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Updated version: 15 June 2024 13:00 (UTC)