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Summary:

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

 

The following terms and conditions apply to all website development / design services provided by Mountain to the Client.

1. 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.

 

2. Charges

Charges for services to be provided by Mountain are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Mountain reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of (50) percent of the project quotation total before the work is supplied to the Client for review with the remaining  (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by cheque or bank transfer. Cheques or Online Transfer

 

3. Client Review

Mountain will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Mountain otherwise within ten (10) days of the date the materials are made available to the Client.

 

4. Turnaround Time and Content Control

Mountain will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Mountain receiving initial payment, unless a delay is specifically requested by the Client and agreed by Mountain.

In return, the Client agrees to delegate a single individual as a primary contact to aid Mountain with progressing the commission in a satisfactory and expedient manner.

During the project, Mountain will require the Client to provide website content; text, images, movies and sound files

 

5. Failure to provide required website content:

Mountain is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date your self.

 

6. Payment

Invoices will be provided by Mountain upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or 250 per month of the total amount due.

Payments for custom design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by Genius Geek ( Mountain ) and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

7. Additional Expenses

Client agrees to reimburse Mountain for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

 

8. Web Browsers

Mountain makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Mountain cannot guarantee correct functionality with all browser software across different operating systems.

Mountain cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Mountain reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

 

9.Search engine optimisation (SEO)

We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.

 

10. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Mountain’s Web space, Mountain will, at its discretion, remove all such material from its web space. Mountain is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of RM100 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Mountain reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Mountain in enforcing these Terms and Conditions.

 

11. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

 

12. Indemnity

All Mountain services may be used for lawful purposes only. You agree to indemnify and hold Mountain harmless from any claims resulting from your use of our service that damages you or any other party.

Client agrees that it shall defend, indemnify, save and hold Mountain harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against Mountain agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employee or assigns. Clients agrees to defend, indemnify and hold harmless Mountain against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Mountain’s Web Design service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv)any defective product which Client has sold in the Web.

13. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Mountain 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 Mountain permission and rights for use of the same and agrees to indemnify and hold harmless Mountain 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 Mountain that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

 

14. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Mountain to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

 

15. Design Credit

A link to Mountain will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than MYR5000, a fixed fee of MYR500 will be applied. The Client also agrees that the website developed for the Client may be presented in Mountain’s portfolio.

 

16. Access Requirements

If the Client’s website is to be installed on a third-party server, Mountain must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

 

17. Post-Placement Alterations

Mountain cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

 

18. Domain Names

Mountain may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Mountain. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

 

19. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

 

20. Governing Law

This Agreement shall be governed by Law.

 

21. Liability

Mountain hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Mountain to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

 

22. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

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