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SiteCreator Additional Service Agreement

 

  1. Definitions
  2. These terms are in addition to the Webvisions Web Hosting Terms and Conditions.

    The following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires.  All Terms defined in the Web Hosting Terms and Conditions shall have the same meaning in this document unless redefined below.
    "Webvisions", "us", "we" and "our"

          means ICONZ-Webvisions Limited trading as Webvisions.

    "Client ", “You” and "Your"

          means the party or parties who enter into this Agreement with Webvisions.

    “Service”, “SiteCreator”
    means access to the SiteCreator website builder software bundled with hosting and email Services, provided by Webvisions

  3. General Terms
    1. The Terms and Conditions set out in this document relate only to your use of the SiteCreator website builder Service provided by Webvisions.
    2. You also agree to be bound by the following Agreements:
      1.  
      2. Webvisions E-mail and Web Hosting Services Agreement located at:
        http://www.webvisions.com.my/support/terms/email_web_sa

      3.  
      4. Webvisions Privacy Statement Policy located at:
        http://www.webvisions.com.my/support/terms/privacy

      5.  
      6. Webvisions Acceptable Use Policy located at:
        http://www.webvisions.com.my/support/terms/acceptable_use

    3.  
    4. Webvisions reserves the right to modify, enhance and withdraw all or part of the Service and alter its Policies and these Terms & Conditions.  In the event of any change, Webvisions shall provide a general notice on our website and changes will become effective upon publication.

  4. Limited Edition Licenses (Essential Plan)
    1. SiteCreator Plans are defined on our website at [siteinfo:main_site]/sitecreator and provide either a Limited Edition (Essential Plan) or Full Version (Pro Plan) License.  Each license type provides a maximum amount of feature points.

    2. You have the ability to add and remove widgets and pages from your account as long as these changes are possible within the maximum 20 feature point limit.

    3. The maximum number of feature points available with the limited edition license is 20.

    4. The contents of the media archive is restricted to use as key visuals only.

    5. With the limited edition license the following widgets are provided with the feature point values listed:

    6. Widget

      Feature Points

      Separating Line

      0

      Counter

      1

      External Video

      1

      Office Hours

      1

      Ticker

      1

      Call-back Form

      2

      Contact Form

      2

      Guestbook

      2

      Meeting Request

      2

      Podcast

      2

      Proposal Request

      2

      Reservation

      2

      RSS Feed

      2

      Facebook

      3

      Twitter

      3

      Animated Photos

      5

      Event Calendar

      5

      News

      5

      Photo Gallery

      5

      Photo Table

      5

      Photobook

      5

      Slideshow

      5

    7. Every Essential Plan (limited edition license) is supplied with a home page that does not use any of the available feature points.  You can add additional pages within the feature point restrictions as below:

      Additional Pages

      Feature Points

      1 Page

      2

      2 Pages

      4

      3 Pages

      6

      4 Pages

      8

      5 Pages

      10

      6 Pages

      12

      7 Pages

      14

      8 Pages

      16

      9 Pages

      18

       

    8. Full Version Licences (Pro Plan)
      1. Full version licenses include an unlimited number of feature points.

      2. In addition to the widgets and functionality of the limited edition license the full version license includes the following:

        * The availability of the Map generator and driving directions functionality is limited to the geographical areas covered by Microsoft’s ‘Bing maps for enterprise’ map Service.
    9. Payment of Fees
      1. You agree to pay in advance for the Services we provide for you at such rates as are set out on our website at [siteinfo:main_site]

      2. 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.

      3. Prices are stated in Ringgit Malaysia and includes GST in all transactions as required by Malaysia law.

      4. 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.

      5. Payment can be made by credit card and cheque.

      6. 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.

      7. For 12 month terms paid in advance, we will attempt to notify you via email around 45 days prior to the expiry date of your Service that it is due for renewal.  We do not take any responsibility for ensuring these emails are received by you and you must ensure all Services are properly renewed prior to expiry.

      8. If you select a monthly payment term you must make payment monthly and your payment must be made on or before the same day of the month as your first payment.

      9. If you choose an annual payment term, you must make payment on or before the same day of the year as your first payment.

      10. If payment is not received within 5 days after the due date your Service will be suspended.  If after 10 days of suspension payment has still not been received, your Service will be cancelled and your website deleted.

      11. 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.  A chargeback fee of SGD100 will apply.

      12. If we are forced to hand your account over to our debt collection agency for collection you will be liable for these collection costs.

    10. Cancellation & Refunds
      1. If you select to pay your account monthly your Service will continue until you notify us that you wish to cancel.

      2. Either party may cancel this agreement by giving the other party 1 month written notice of its intention to do so.

      3. Cancellation requests will only be accepted by way of the cancellation form which you will find in the ‘My Account’ section on our website.

      4. When this Service is cancelled (whether at your initiative, our initiative or for breach or otherwise) no refunds will be paid in respect of unused Services.

    11. Suspension and Refusal to Supply Services
      1. If a claim is made or threatened against us by any third party we may immediately cancel or suspend the provision of our Services unless in our sole discretion we are satisfied the claim is wholly without merit or you provide us with sufficient security in our discretion to protect and indemnify us against that claim.  Any cancellation, suspension or refusal by us under this clause does not give you any right to claim damages, compensation or for losses of any nature from us.

    12. Exclusion of Liability
      1. We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent or other entity we have a business relationship with and anyone else we may get to perform our duties under any Agreement you have with us. None of the persons specified is liable or has to pay you for anything in connection with or resulting from anything any of us does or does not do or delays in doing whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and irrespective of the way liability might arise.

      2. Despite clause 9, if we are found liable to you in any circumstances, you agree we will not be liable to meet any indirect, special or consequential losses including loss of profits and in all circumstances the maximum liability we will have to you will be limited to the amount of the annual fees you pay to us for the defective or deficient Services.

    13. System Security
      1. You are responsible for choosing adequately secure passwords and for maintaining the security of said passwords.

      2. Webvisions reserves the right to use password strength analysis tools to determine the security of passwords on the server.  We may change any password immediately should it be found to be inadequately secure for its purpose. We will notify you by email to the last known contact address in such an event. Webvisions shall not be under any obligation to check or take action in respect to any passwords.

      3. Although we follow industry-standard security procedures, Webvisions makes no warranty as to the privacy or security of your data or email.

    14. Not for Resale
      1. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of SiteCreator, use of SiteCreator, or access to SiteCreator, without the express permission of Webvisions by separate agreement.

    15. Miscellaneous
      1. This agreement shall become effective on the date your order form (including for any free trial if one is being offered) has been submitted to us for the said Service.

      2. In the event it is necessary for Webvisions to enforce its rights under this agreement, you agree to pay all fees incurred by us, including but not limited to, legal fees and collection costs.

      3. In the event where two or more parties share authority to access the service and we receive conflicting instructions, we reserve the right to lock the management of the website until such time as a Court Order or letter of authority signed by all parties is provided.  In this situation Webvisions will not be responsible for ensuring the content of the site is in any particular form or displays any particular information before we lock access to it.

      4. You shall be deemed to have read this agreement and agree to be bound by this agreement. This agreement shall supersede all earlier versions of this agreement.  No oral communications will ever be sufficient to vary this agreement. 

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