Terms & Conditions

Definitions

In these Terms and Conditions, the following terms shall have the meanings set forth below:

1. “Customer“: The entity or individual who accepts the quotation and agrees to purchase the Services as outlined in the quotation, under the terms and conditions set by the Vendor.
2. “Vendor“: Aleph Marketing, the provider of the Services, who issues the quotation and engages in selling or providing services to the Customer.
3. “Services“: The specific tasks, assistance, or products provided by the Vendor to the Customer, as detailed in the quotation.
4. “Quotation“: A formal statement issued by the Vendor, proposing the terms and prices for the Services offered.
5. “Purchase Order“: A written confirmation sent by the Customer to the Vendor, agreeing to the purchase of Services under the terms and prices stated in the Quotation.
6. “Contract Price“: The total cost payable by the Customer to the Vendor for the provision of the Services, as agreed in the Quotation or any subsequent Purchase Order.

1.0 Acceptance of Quotation

Sales of any Service referenced in this Quotation to the Customer or in the Customer’s written Purchase Order to Vendor is expressed conditioned upon the terms and conditions set forth below.

No Purchase Order or Signed Quotation shall be deemed accepted unless or until the Vendor issues a written acknowledgement or invoice. Any amendment, change order, revision, or termination to an already-accepted Purchase Order or Quotation shall be subject to acceptance by an authorised representative of the Vendor.

The Vendor reserves the right to refuse any order.

Quotations provided by the Vendor will only remain valid for the period of time as indicated in the quotation after which the Vendor reserves the rights to re-tender if requested by the Customer to proceed further.

2.0 Payment

All quoted prices are in Malaysian Ringgit (MYR). Payment shall be made in this same currency.

Upon acceptance of the Quotation Customer shall pay for all Services according to the Payment Terms as set forth by the Vendor in the Quotation.

Customer shall pay for all Services no more than 30 days from the date of the Vendor’s invoice. Payment shall be deemed to have been made when a check is received by the Vendor or payment is received via electronic transfer in Vendor’s bank account.

Failure to pay by the due date shall entitle the Vendor the right to suspend the current delivery or future delivery of all current and future services.

If payment is not made in accordance with the Payment Terms, the Vendor reserves the right to charge Statutory Interest on the overdue balances for the period from the date of the invoice until the date of payment. In addition, each overdue invoice will attract an administration fee of RM50 which will be paid by the Customer to the Vendor.

3.0 Contract Price

Customer shall pay for the Services provided, from the Vendor, at the Contract Price.

Prices are subject to change without a prior notice and Vendor shall thereafter notify Customer of any price increases. In the event of a price increase, Customer may cancel any undelivered portion of any order by written notice to Vendor, provided such notice is received by the Vendor not more than fourteen (14) days after Customer’s receipt of Vendor’s notice of price increase.

Upon cancellation, Customer shall pay Vendor: The Contract Price for all Services which have been completed or are in the process of completion, components or goods secured by Vendor from outside sources for the performance of the Contract, and special tooling and equipment procured for the performance of the Contract.

All quotations, indication of costs, and financial commitments given or made by the Vendor are based on the assumption of the validity of the information provided being fully accurate and correct in all circumstances. The Vendor reserves the right at any stage to re-negotiate any contract, cost agreement, or any other relevant commitment should any information provided by the Customer fail to be fully valid, accurate, and correct.

4.0 Force Majeure and Excusable Delay

Vendor shall not be liable for any damages of any kind for delayed or non-performance if such delayed or non-performance is due directly or indirectly to:

1. Customer, including omissions or failure to act on the part of Customer or its agents or employees.
2. An Event of Force Majeure, defined herein as including acts of God, acts of public enemies, fires, floods or unusually severe weather conditions, strikes, lockouts, disputes with workmen or other hostilities, embargoes, wars, riots or civil disturbances, epidemics or quarantine restrictions, delays or shortages of transportation, governmental action including the government’s denial or failure to grant an export license or other needed government authorisation; or any other acts and causes not within the control of Vendor, which by the exercise of due diligence and reasonable effort, Vendor would not have been able to foresee, avoid, or overcome.

5.0 Changes and Revisions

The Contract Price as detailed in this quotation is based on the amount of time to accomplish all of the agreed scope of Services between the Customer and the Vendor.

Should the Customer at any time, change the scope of the Service, such as, adding extra pages, templates, or additional functionality, the Vendor will provide Customer with an additional quotation.

6.0 Legal and Copyrights

Customer guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to fulfil Vendor’s Services are owned by the Customer or the Customer has obtained the relevant permissions and licensing to use them.

Upon final delivery of Services, copyright for graphics and visual elements created by the Vendor will be owned by the Customer. However, any WordPress theme, HTML, JavaScript, CSS, PHP, and other code provided by the Vendor will only be licensed to the Customer for single use on the agreed Domain.

Vendor reserves the right to display and link to the project on their portfolio, website, social media, magazine articles, and in books.

The Vendor shall not be liable to the Customer or any Third-Party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate / manage the website and any other web pages.

7.0 Technical Support

The Vendor’s Services include customer support free for the entire lifetime of the website.

Maintenance of the website’s software and plugins are provided by the Vendor free of charge for the first year only.

After this, you may choose to maintain the website on your own or to engage the Vendor to manage the website. Maintenance fees start from RM300+ per month depending on your needs.

8.0 Cancellation Policy

“Customer may cancel its order only with the prior written consent of Vendor, which Vendor which may withhold in its sole discretion. All cancellations will be subject to payment to Vendor of the unpaid balance of the Contract Price for all Services.

Cancellation will only be permitted within fourteen (14) days from the commencement of Service. Upon cancellation, Customer shall pay the Contract Price for all Services which have been completed or are in the process of completion, and the components, goods, special tooling, and equipment procured or secured by Vendor for the performance of the Contract.

Due to the non-returnable and digital nature of the Service, all Services provided by the Vendor are not refundable.

For any faults arising directly and only from software and plugin provided by the Vendor during the development stage of building the website, corrective services shall be provided free of charge to the Customer.

9.0 Website Usage

By accepting these terms and conditions, the Customer acknowledges and agrees to use the websites created by the Vendor solely for lawful purposes. The Customer is solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to their use of the website.

The Customer agrees not to use the website for any illegal activity, including but not limited to, publishing, distributing, or otherwise disseminating unlawful material, attempting to compromise the security of the website, or making direct threats of physical harm to others.

The Vendor assumes no responsibility or liability for any actions taken by the Customer or any third party that involve the website in illegal activities. If the Customer uses the website in an illegal manner, the Customer shall defend, indemnify, and hold harmless the Vendor, its officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation legal and accounting fees, arising, or resulting from their breach of these terms, or their access to, use or misuse of the content or the website.

10.0 Warranty Policy

Inclusions: Upon the formal launch of your website, Aleph Marketing (“Vendor“) grants you a lifetime warranty on the website software and plugins we provide. This warranty covers all core functionalities and features that have been approved and tested prior to the official launch. It guarantees that the website will meet its functional specifications and is inclusive of any programming errors (“bugs“) arising from these core features. If such bugs are reported to the Vendor, they will be addressed and fixed at no additional charge to you (“Customer“).

Limitations: This warranty does not extend to any enhancements, minor improvements, or functionality changes made after the formal launch, unless they were part of the initially agreed-upon core functionalities. Additional charges may apply for these services. Furthermore, the warranty does not cover any issues resulting from server limitations or changes, or any problems related to third-party servers, database integration, software, or plugins that were not installed by the Vendor.

Exclusions: The warranty will be void if any party other than the Vendor or Customer accesses the site backend, the server control panel, FTP or SFTP, MySQL, PhpMyAdmin, or its codes for any reason. Similarly, if the codes are accessed or modified by anyone who is not a member of the Vendor’s team, the warranty will be forfeited. The warranty is also conditional upon all payments being made on time. If any payments are overdue, the warranty will not be honoured.