SiteCreator Done for You Service Agreement
This SiteCreator Done for You Service Agreement (”this Agreement”) sets forth the terms and conditions relating to building and customisation of a website for you (including populating with content) and ongoing support of the Website, the access to SiteCreator website builder software, bundled with hosting and email services provided by Webvisions, a division of ICONZ-Webvisions group of companies (“ICONZ- Webvisions”) to you (“Customer”) pursuant an order request for such services placed under the General Terms and Conditions. In the event of conflict between the terms and conditions herein and the General Terms and Conditions, the former shall prevail.
The Website is provisioned through Webvisions Web Builder software (SiteCreator), which forms a part of this Service. For clarity, customer can build their own website via the applications and functionality included with SiteCreator. The Service provided under this agreement relates to the building and customization of that website via those same applications and functionality for you, and the ongoing support of that Website (“Website Builder Service”). The Service Terms applicable to the Web Builder software component of this Service can be located at HERE The Service Terms applicable to the email and web hosting component of this Service can be located at HERE The number of web pages for the website is determined by the service package selected. The building and customisation of the Website and web pages include the following:
(a) design based on inputs and instructions delivered by you;
(b) adding (including reformatting and resizing) (i) any logo provided by you (or creating a simple type based alternative), or (ii) images provided by you;
(c) adding copy provided by you;
(d) editing the search engine optimization meta-data used to optimize the Website for search engines;
(e) integrating any supported widget based on your request. The number of supported widgets is determined by the service package selected.
The ongoing support of the Website (“Web Builder Service”) is monthly website maintenance after the website is published. Service scope covered by this agreement includes:
(a) Web content update; text and images are provided by you
(b) Editing of search engine optimization meta-data used to optimize the Website for search engines
(c) Updating widget on your request Web Builder Service does not include copywriting and content development. The number of hours available each month for Web Builder Service is based on the package selected. You can purchase additional hours if required.
You must supply us with Content for customisation of your Website. Content includes logo, graphics and text. Copywriting and content development are not included as part of this service. Content must be submitted within 30 days of service activation date. Webvisions reserves the right to void the service if you do not supply the content within the specified timeframe. In the event cancellation occurs, you will receive a pro-rata refund of the fees paid for the unused period. If you do not provide adequate Content or point to an existing website or other source of materials, we may proceed to build the Website utilizing category specific pre-produced photos from our Content Library, which may be customize based on the details provided by you (e.g. contact details, description of your business and other relevant information). If you have any objections or resistance to proceeding with the build and customization of the Website, or to the publication of the approved Website, you must notify us via email and specify the reasons for your objections or resistance (such to be reasonable, and genuine issues raised in good faith). We will investigate those reasons, and attempt to resolve your issues and concerns. If a resolution is unable to be agreed within seven (14) calendar days from the day on which we became aware of your objections, then either party may cancel the Service. In the event cancellation occurs, you will receive a pro-rata refund of the fees paid for the unused period. Completion of the build and customisation of the Website in a timely manner depends upon your responsiveness to any of our requests, and where applicable, provision of timely and complete feedback or approvals. We are not responsible for any delays in provisioning the Service which occur as a result of your failure to respond as requested or required. You agree you are solely responsible for the back-up of any data, websites or information (including without limitation email files, databases, hosted files etc.) which may be replaced pursuant to the provision of the Services (including without limitation as a result of the publishing of your Website.
The Customer is granted a non-exclusive, non-transferable limited license to access and use the Premium Email service with certain functions selected by the Customer during the order process. By accepting this license, the Customer shall not by itself and not allow any third party to:
(i) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas or user interface techniques or algorithms or any portion of the software and any technology made available as part of the Premium Email ;
(ii) modify or create derivative works of the Premium Email;
(iii) incorporate or embed the Premium Email, in whole or in part, into another product or other computer software code; or (iv) remove, alter, cover or obscure any copyright notice or any other notice or trademark that appears on the Premium Email, on any copies, or any media made available through such services. All rights in the Premium Email not expressly granted to the Customer hereunder are reserved to Webvisions and its licensors. For the avoidance of doubt, the Customer expressly acknowledges that there are no implied rights.
PUBLICATION AND CONTENT CHANGE REQUEST
The SiteCreator Done-For-You Service includes monthly website maintenance (“Web Builder Service”). The number of hours available each month for Web Builder Service is based on the package selected. You may submit your content updates by creating a ticket in the “My Account” portal at https://wam.webvisions.com.my. Our web designer will review and advise the number of hours required to perform the update. Upon your confirmation and acceptance, the content update will be executed. We will provide you with an opportunity to review the updated Website and provide us with any revision requests or approve the Website. If the Website is approved, or we receive no response from you within five (5) business days of our request, it will be published on the Internet. Unused monthly maintenance hours cannot be accrued. It must be utilized within the given month else it will be forfeited. If the time required to perform the content update exceeds the monthly package hours, you may purchase addition hours based on the following fee schedule:
Number of Hours Fee (Incl/GST) 1 RM 120 3 RM 330 5 RM 525
5. USER CONDUCT AND SUBMISSIONS
You are solely responsible for ensuring that you have all appropriate rights and licenses to the Content supplied and utilised in the Website. All Content must be submitted electronically, should be copies and not originals, and should be of a high quality standard. Should any files be too large for electronic delivery, you must make arrangements for these to be delivered to us. We reserve the right, in our sole discretion, to refuse to use any Content we believe is objectionable or may infringe upon the intellectual property rights of others, or would be in breach of our Acceptable Use Policy. Unless we have otherwise expressly agreed, we will not return any Content to you, and you are responsible for maintaining back-up copies of all submitted Content. Under no circumstances will we be responsible or liable for any loss of, or damage to, any of your Content. Webvisions claims no ownership over your Content. You expressly grant us, and our supplier, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence to cache the entirety of the Website (including your Content). You agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. Any Websites delivered by us under the Service are without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in any jurisdiction throughout the world. We expressly disclaim (i) all liability to you or any third party for any infringement of intellectual property or proprietary rights; and (ii) that we will be responsible for, or provide any advice or guidance in respect of, any potential intellectual property rights issues which may arise from your use of the Service (including without limitation the use of Content in your Website).
6. PAYMENT AND FEES
ou agree to pay in advance for the relevant Services requested from us at such rates set out on our website at http://www.webvisions.com.my. We reserve the right to change our fees at any time. In the event of any change, we shall provide a general notice on our website and changes will become effective upon publication. Prices are stated in Malaysia dollars and include GST in all transactions as required by Malaysia law. Payment can be made by credit card and cheque. Except as expressly set out, you agree that all payments made by you are non-refundable whether in whole or in part once our Services have been provided. Your invoices and renewal notices will be emailed to you at the email address we hold on record for your account. It is your responsibility to maintain a valid contact email address for the purposes of receiving these notices. You can update your contact details by logging in to your account on our website. For annual subscribers, you will be notified via email 50 days prior to the expiry date of your Services that it is due for renewal. We are not responsible for ensuring these emails are received by you. If payment is not received within 7 days after expiration of the previous subscription, and hence the Services are not renewed, your Service will be suspended and will remain suspended until renewal payment is received. If you elect to renew on an annual subscription basis, payment must be made on or before the anniversary date of your first payment of the previous subscription. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other reversal of payment by you in connection with the Service, your Service may be suspended without notice and a chargeback fee of SGD100 will apply. If you elect to renew only the SiteCreator service without the Web Builder Service, please contact email@example.com to request for a change in service plan. You need to notify us no later than 30 days before the service expiry date.
7. CANCELLATION AND TERMINATION
You may at any time, cancel your paid subscription. Services can either be cancelled by non-payment of fees upon renewal or by notification via e-mail to firstname.lastname@example.org. Upon cancellation for whatever reason, no refunds will be made in respect of any unused Services. For Services that are suspended due to non-payment of renewal fees, such Services will be terminated and the data contained in the account will be deleted, if no renewal payment is received within 65 days from expiry of the previous subscription. In addition to any other obligation in these Service Terms, upon cancellation or termination of this Service, we may delete all data, including any content, files (including, without limitation, email files, if applicable) from our systems (including any storage media) without any liability to you whatsoever. If the content is not submitted to Webvisions within 30 business days from the SiteCreator Done-For-You service activation date, Webvisions reserves the right to terminate (i) all access to the Website, (ii) the Web Builder Service and SiteCreator software (iii) email and web hosting services. Cancellation of the Service will not result in cancellation of the domain name associated with this service. Refund will be computed for the unused portion of the email and web hosting, SiteCreator software and Web Builder service. An administration fee equivalent to 4% of the service subscription plan will be charged to process the cancellation for payments made using credit card. An administration fee of $10 will be charged to process the cancellation for payments made using cheque. Refund does not apply to the One-Time Setup fee.