TERMS AND CONDITIONS
In consideration of the mutual covenants herein, the parties agree:
- Customer includes the person purchasing the Services or any agent or representative thereof.
- Registrant includes the person applying for a domain name or any party acting on their behalf.
- Registry means the relevant domain names Registry.
- Services means domain name registration, website hosting, email and any other service or facility provided by SMD Webtech (M) Sdn Bhd (1144324-x) to the Customer.
- Server means the computer server equipment operated by by SMD Webtech (M) Sdn Bhd (1144324-x) or 3rd party companies in connection with the provision of the Services.
- Website means the area on the Server allocated by by SMD Webtech (M) Sdn Bhd (1144324-x) to the Customer for use by the Customer as a site on the Internet
2. Domain Name Registration
- SMD Webtech (M) Sdn Bhd does not represent or warranty the availability or registrability of any domain name to the Customer. The Customer agrees that it will have no rights or cause of action against SMD Webtech (M) Sdn Bhd if a domain name cannot be registered.
- SMD Webtech (M) Sdn Bhd will notify the Customer when the registration of a domain name is complete.
- Any act or omission by the Customer in respect of an actual and/or attempted registration of a domain name prior to notification by SMD Webtech (M) Sdn Bhd occurs at the sole risk of the Customer.
- Any administration charge paid by the Customer to SMD Webtech (M) Sdn Bhd shall be non-refundable, notwithstanding refusal by the Registry to register the desired name.
- The registration and use of any domain name by Customer is, at all times, subject to the terms and conditions of usage applied by the Registry and the SMD Webtech (M) Sdn Bhd General Terms and Conditions. It is the sole obligation of the Customer to ensure compliance with all such terms and conditions.
- SMD Webtech (M) Sdn Bhd will not, at any time, assume any liability whatsoever in respect of the use by the Customer of any domain name. Any disputes arising must be resolved between the parties involved.
- In the event of a dispute, SMD Webtech (M) Sdn Bhd will not be obliged to become involved, or take part, in a dispute but may, in its sole and absolute discretion:
– withhold or suspend a domain name; and or
– make any representations it deems fit to the Registry.
3. Service Availability
- The Customer agrees that SMD Webtech (M) Sdn Bhd may, without reason, suspend the Services at any time and for any reason, generally without notice. If a suspension continues for more than 48 hours, SMD Webtech (M) Sdn Bhd will use it best endeavors to notify the Customer.
- The Customer will not sell, transfer, license, assign or otherwise create any legal or equitable rights or interests in any third party whatsoever, in relation to the SMD Webtech (M) Sdn Bhd account of the Customer.
- Any breach of clause 3.2 by a Customer will constitute a material breach and repudiation of this agreement by the Customer. Upon such breach, SMD Webtech (M) Sdn Bhd shall have the right to cancel the account, terminate the Services and/or this agreement immediately without further notice to the Customer. Upon such an event, all monies owed by the Customer to SMD Webtech (M) Sdn Bhd shall immediately become due and owing.
4. Content Ownership
- The Customer assumes sole responsibility for obtaining any and all necessary licenses, consents, authorizations and approvals to enable it to lawfully use any and all intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of any proposed domain name or other intellectual property rights being used by the Customers.
- All information and data stored on any server by the Customer or its agent is the property of the Customer. SMD Webtech (M) Sdn Bhd claims no ownership and assumes no responsibility whatsoever over, in or in respect of, any Customer information or data.
- The Customer agrees to indemnify and hold harmless SMD Webtech (M) Sdn Bhd and its employees, contractors, agents and directors in full against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising under this agreement, including from the use of the Customer of any intellectual property rights of any third party and the registration or use of domain names by the Customer.
6. Web Design
- Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, SMD Webtech (M) Sdn Bhd (1144324-x) cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
- Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by SMD Webtech (M) Sdn Bhd remain the copyright of SMD Webtech (M) Sdn Bhd and may only be commercially reproduced or resold with the permission of SMD Webtech (M) Sdn Bhd.
- SMD Webtech (M) Sdn Bhd cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- Any additions to briefs provided will be carried out at the discretion of and SMD Webtech (M) Sdn Bhd where no charge is made by SMD Webtech (M) Sdn Bhd for such additions, SMD Webtech (M) Sdn Bhd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
- SMD Webtech (M) Sdn Bhd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
- A deposit of 50% is required with any standard project and 30% for database driven projects before any design work will be carried out. The deposit is non-refundable.
- Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
- SMD Webtech (M) Sdn Bhd may suspend or terminate access to the Services without notice to the Customer if the Customer account becomes overdue. SMD Webtech (M) Sdn Bhd will not be responsible for any loss or damage to the Customer or any other party as a result of such suspension or termination.
- SMD Webtech (M) Sdn Bhd may request the Customer to rectify any breach of this agreement. If the Customer fails to rectify any such breach within 30 days from the issuing of such a request by SMD Webtech (M) Sdn Bhd , SMD Webtech (M) Sdn Bhd is entitled to treat the Customer as having committed a material breach and repudiated their obligations under this agreement and to terminate the agreement without further notice. Upon such a termination of this Agreement, all monies owing by the Customer to SMD Webtech (M) Sdn Bhd will immediately become due and payable.
- In the event of a suspension and/or a termination of the Services by SMD Webtech (M) Sdn Bhd the Customer agrees that SMD Webtech (M) Sdn Bhd shall be entitled to
block the Customer website; and
remove all data and or information located on it.
- SMD Webtech (M) Sdn Bhd shall retain the sole discretion as to whether any data and/or information removed is:
immediately deleted from existence in its entirety; or
held for such period to enable the Customer, as its expense and subject to payment of all monies owing to SMD Webtech (M) Sdn Bhd , to collect the data and or information.
- In the event of a termination or suspension, SMD Webtech (M) Sdn Bhd may post such notice in respect of the non-availability of the Customer website as it deems fit.
8. Limitation of Liability
1. The Customer will not, under any circumstances, seeks to hold SMD Webtech (M) Sdn Bhd responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services, including but not limited to:
- loss of profits arising out of, or in connection with, this agreement;
- use, misuse, suspension and or loss of any Customer domain registrations;
- interruption to the business and operations of the Customer;
- access delays or interruptions to any website accessed by registered domain name of the Customer;
- non-delivery, mis-delivery, corruption, destruction, or modification of data and or information;
- events beyond the control of SMD Webtech (M) Sdn Bhd ; and or
processing of an application for domain name registration;
2. SMD Webtech (M) Sdn Bhd ( shall not, under any circumstances, be liable or responsible for any acts, omissions or errors, whether negligent or otherwise by a Registry administrator or any other third party arising out of or related to, any domain name application, including the receipt of, or failure to receive, a domain name registration by the Customer or any third party.
3. In the event, SMD Webtech (M) Sdn Bhd is held liable for any loss or damage whatsoever and howsoever arising under this agreement, the parties agree that, as a precise pre-estimate of damage cannot be properly ascertained, for the purpose of determining liquidated damages, the maximum aggregate liability of SMD Webtech (M) Sdn Bhd to the Customer shall not exceed the total amount paid by the Customer to SMD Webtech (M) Sdn Bhd for:
- domain name registration; and
- hosting services applying to any relevant domain name registered to the Customer
- The Customer acknowledges that all rules and regulations which apply to domain name registration must be strictly construed and applied. The Customer accepts sole responsibility for ensuring compliance with all relevant laws, rules and regulations in this respect.
- The Customer agrees that it is solely liable for ensuring that all Customer details on registered domain records remain current. SMD Webtech (M) Sdn Bhd will not held liable for any loss or damage arising from interruption to Services that occur as a result of Customer non-compliance with the matters referred to in clause 8.1, including obsolete contact details.
- The Customer shall remain solely responsible for renewing a domain name.
- The Customer will not hold SMD Webtech (M) Sdn Bhd liable for any downtime, loss or damage suffered as a result of non-renewal or expiry of a domain name by the Customer.
- SMD Webtech (M) Sdn Bhd will not reimburse or otherwise compensate the Customer for payments made by the Customer to third parties for domain name renewals.
- SMD Webtech (M) Sdn Bhd hosting support times are between 8:30am and 5:00pm Monday to Friday, Malaysia Time.
- SMD Webtech (M) Sdn Bhd standard support includes ensuring that the Server is online whenever reasonably possible and that domains hosted by SMD Webtech (M) Sdn Bhd are visible on the Internet.
- If SMD Webtech (M) Sdn Bhd has been informed of illegal content stored under the Customer’s domain name/user web, it will immediately request the Customer remove the data forthwith. If compliance with this notice is not achieved within 24 hours, SMD Webtech (M) Sdn Bhd will be entitled to immediately terminate this agreement in accordance with clause 6.
- The Customer may cancel an order for Services without reason within 7 days from the date of the order by written notice to SMD Webtech (M) Sdn Bhd .
- Upon receipt of such notice SMD Webtech (M) Sdn Bhd shall refund all monies paid by the Customer in full within 30 days of the notice.
- All domain name registration and pre-registrations and domain name renewals supplied by SMD Webtech (M) Sdn Bhd to the Customer within 7 days of the date of the order shall not be subject to the 7-day cancellation period.
- Upon receipt of a cancellation notice or otherwise upon the expiry or termination of this agreement, SMD Webtech (M) Sdn Bhd will be entitled to delete and not retain any records, data, programs or other content of the Customer.