The following Terms and Conditions document is a legal agreement between Spiral Communications, hereafter Possible Vision Soft Sdn Bhd “the
Developer”, and the Client for the purposes of all design/system development/ mobile app development/APIs/system integration/system customization/consultation/system upgrade.
These terms and conditions set forth the provisions under which the Client may use the services supplied.
2.0 The validity of quotations are 14 days from the date of issue. When the Client places an order to design/development/ mobile app development/APIs/system integration/system customization/consultation/system upgrade from the Developer, the order represents an offer to the Developer to purchase the design/system development/ mobile app development/APIs/system integration/system customization/consultation/system upgrade. No contract for the supply of services exist between the Client and the Developer until the Client make a start-up fees payment as stated in quotation to the Developer. Invoice of the start-up fees paid equals acceptance by the Developer of the Client offer to purchase services from the Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether the Client receives the invoice. Any other services on the order that have not been included in the invoice do not form part of the contract. The Client agrees to check that the details of the invoices are correct and should print and keep a copy for their records. The Developer is liable to withdraw the contract at any time prior to acceptance. Additional work requested by the Client that is not specified in the agreed quotation is subject to an addition quotation by the Developer on receipt of specification. If the work is need as part of an existing project, then this may affect time scale and overall delivery time of the project. The Client agrees to provide any needed information and content required by the Developer in good time to enable the Developer to complete a design/system development/ mobile app development/APIs/system integration/system customization/consultation/system upgrade work as part of an agreed project
3.0 The Developer reserves the right to refuse to handle any media that is unlawful or inappropriate/ media that contains a virus or hostile program/ media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming./media that constitutes a criminal offence, or infringes privacy or copyright. Copyright of the completed design/system development/ mobile app development/APIs/system integration/system customization/consultation/system upgrade/ codes and source files created by the Developer for the project shall be with the Developer. However, the client can request to purchase the source code from the Developer The Client agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work. The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this includes, but not limited to, Google Maps, Media under the Creative Commons license, RSS feeds, etc. The client hereby agrees that all media and content made available to the Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or suit that may arise as a result of using the supplied media and content.
4.0 During a design/system development/ mobile app development/APIs/system integration/system customization/consultation/system upgrade/ project, it is important that the Client communicates information to the Developer to achieve the required result. If the Client requests design or content alterations to any work that have already been completed or as agreed, new work or different functionality other than that specified in the original quotation, the Developer reserves the right to quote separately for these alternations. For website design, the Developer endeavours to create pages that are accessible to search engines. However, the Developer gives no guarantee that the site will become listed with search engines. During the project execution, the Developer may require the Client to provide information or content for developing the design/system development/ mobile app development/APIs/system integration/system customization/consultation/system upgrade/. Failure to providing the content within two weeks of an official request by email, the Developer reserves the right to advise the Client of a revision on the cost based on new project schedule. If the content is still not provided within four weeks from the initial email request, the client is considered to be in default of the project, the project will be terminated and any payment made will be non-refundable. However, the project may recommence based on new quotation. If an error or issue with the design or code arises during the project, which does not allow the design or code to match the original specification, and the Client agrees that the Developer can apply a nearest available alternative solution. Once the project is completed, the Developer will upload the work to the Client’s web or handover the work to the Client to run on Client's internal server or Client's machine or upload to Google Play and Apple Store for Mobile App or upload the work to server for hybrid App. The Developer considers the project as completed one week after the work has been upload/handover the work to the Client to run on Client's internal server/machine or upload to Google Play and Apple Store for Mobile App. For the work uploaded to the Client’s web/ or handover the work to the Client to run on Client's internal server or Client's machine/or static site/ or hybrid mobile app completion, if the Client or a third party of their choosing edit any of the work uploaded to the Client’s web/ or handover the work to the Client to run on Client's internal server or Client's machine/or static site/ or hybrid mobile app themselves to make updates, The Client agrees that in so doing they assume full responsibility for any issues which occur as a result of any changes themselves, and this result in functionality errors or the page displaying incorrectly, then the Developer reserves the right to quote for work to repair the work uploaded to the Client’s web/ or handover the work to the Client to run on Client's internal server or Client's machine/or static site/ or hybrid mobile app. All communications between Developer and Client shall be by telephone, email, WhatsApp or postal mail, except where agreed at the Developer’s discretion.
5.0 Prices are subject to change without prior notice. All invoices must be paid in full within 14 days of the invoice date, except where agreed at the Developer’s own discretion. The Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client. The Developer reserves the right to remove its work for the Client from the Internet/server/web/personal computer/Point of Sales machine/Google Play / Apple Store, if payments are not received.
6.0 The Client agrees that the Developer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these website, even if the Developer has been advised of the possibility of such damages. The Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer reserves the right to cancel forthwith any projects and invoice the Client for any work completed. The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these website, even if the Developer has been advised of the possibility of such damages. There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce. The Developer may from time to time recommend to the Client that updates are need to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees that the Developer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
7.0 The Developer and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Developer to another party, unless directed by the Developer.
The Developer and any third party associates shall use information provided by the Client. This information will also be used to identify the Client in communications with them and to contract the Client from time to time to offer them services or products that may be interest to or benefit the Client.
The Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. The Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law. By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions. The Developer reserves the right to alter these Terms and Conditions at any time without prior notice.
These terms and conditions do not affect your statutory rights as a consumer.