Terms & Conditions
The following terms and conditions apply to all website development / design services provided by Kreatiwo 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 proposal 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
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of sixty (60) percent of the project quotation total before the work is supplied to the Client for review,with the remaining forty (40) 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.
All cheques must be crossed payable to ” BinedCo Management ” with full name or domain name written at reverse side of cheque.
Please email us (hello@kreatiwo.com) the bank-in & remittance slip with the invoice number/domain name once payment is made. Services will not be provided until we have this confirmation once payment is made.
Major Change: If Client requests are at or near 20% percent of the time required to produce Deliverables, or the value of the Scope of Services, Designer shall be entitled to submit a new and separate Proposal to Client for written approval. Designer shall not begin work on the revised services until he receives a fully signed revised proposal and any additional fees.
3. Client Review
Kreatiwo will provide the Client with an opportunity to review the appearance 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 Kreatiwo otherwise within ten (10) days of the date the materials are made available to the Client.
All design or creative amendments are maximum up to two(2) times only.
4. Turnaround Time and Content Control
Kreatiwo 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 Kreatiwo receiving initial payment, unless a delay is specifically requested by the Client and agreed by Kreatiwo.
During the project, Kreatiwo will require the Client to provide website content; text, images. 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 yourself.
5. Payment
Invoices will be provided by Kreatiwo 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%)
6. Web Browsers
Kreatiwo 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 Kreatiwo cannot guarantee correct functionality with all browser software across different operating systems.
Kreatiwo 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
7. 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 work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
8. Indemnity
All Kreatiwo services may be used for lawful purposes only. You agree to indemnify and hold Kreatiwo harmless from any claims resulting from your use of our service that damages you or any other party.
9. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Kreatiwo 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 Kreatiwo permission and rights for use of the same and agrees to indemnify and hold harmless Kreatiwo 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 Kreatiwo that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10. Access Requirements
If the Client’s website is to be installed on a third-party server, Kreatiwo 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.
11. Post-Placement Alterations
Kreatiwo 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.
12. 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 is an acceptance of our terms and conditions.
13. Liability
Kreatiwo 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 Kreatiwo 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.
14.Support Services
Warranty Period: During the first 1 month following expiration of this Agreement, Designer shall provide up to 1.5 hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies. Requests for additional support
will be billed on a time and materials basis at Designer’s standard rate.
Maintenance Period: After the Warranty Period expires and at Client’s option, Designer will
provide Support Services for minor changes in the following 12 months . Once a month. Minor changes included image changes, amend text and Google Search Console basic configuration. Accumulate amendment is not allowed. Minor amendment takes within 7 working days to completed. Additional amendment and major amendment will be charge depend on the requirement given by Client.Maintenance Periods is not applicable for web package below RM2000 per project .
No Enhancements: The services in the Warranty Period and the Maintenance Period do not include enhancements to the Project or other services outside the scope of the Proposal.
15. Domain Names
Kreatiwo 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 Kreatiwo. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
16. 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.
17.Others
Website timeframe(lead time) takes around 3 to 4 weeks to complete. Job process once upfront have received and content provided. Tutorial will be given after project completed and full payment received.
Kreatiwo reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes.