  |
    |
 |
Trillionbytes' Website Design AgreementLast Updated: 29 Sept 2005 The following agreement is between Trillionbytes Systems Sdn Bhd (693034-D)
("Trillionbytes") and You ("client"). 1. Authorization.The undersigning Client (hereinafter referred to as "Client") is engaging Trillionbytes Systems Sdn. Bhd. as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as "Web Design Project", to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes Trillionbytes Systems Sdn. Bhd. to access this account, and authorizes the Hosting Service to provide Trillionbytes Systems Sdn. Bhd. and its designer with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes Trillionbytes Systems Sdn. Bhd. to submit the completed Web Design Project to major Web Search Engines.2. Development.This Web Design Project will be developed with:
While Trillionbytes Systems Sdn. Bhd. will make reasonable efforts to design a fully-functional web site, Trillionbytes Systems Sdn. Bhd.'s warranty does not cover AOL, text-based browsers or requested special effects that we have advised you against.
Trillionbytes Systems Sdn. Bhd.' standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors. 3. Assignment of Web Design Project.Trillionbytes Systems Sdn. Bhd. reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion. 4. Copyrights and Trademarks.The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Trillionbytes Systems Sdn. Bhd. for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Trillionbytes Systems Sdn. Bhd. and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.5. Web Site Maintenance.This agreement allows for minor web site maintenance to pages for the first month of publication of your web site at no charge, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette, ground mail and/or e-mail. The period begins on the date the Client's web site is available to be published to the Client's hosting service. Major page code and/or graphics changes and additions will be charged at the RM50.00 per hour rate. (Notice: This rate is subject to change at any time.)6. Completion Date.Trillionbytes Systems Sdn. Bhd. and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply Trillionbytes Systems Sdn. Bhd. with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Trillionbytes Systems Sdn. Bhd. as liquidated damages and the contract shall become null and void, at Trillionbytes Systems Sdn. Bhd.'s option, unless the Web Design Project is canceled in writing by the Client prior to 45 days of the effective date of the agreement.7. Project Delivery.The final web site design project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment. The Client understands that Trillionbytes Systems Sdn. Bhd. does not provide any hosting services in connection with this Web Design Project unless otherwise acquired. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows Trillionbytes Systems Sdn. Bhd. full access to the Client's account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.
8. Electronic Commerce Laws.The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Trillionbytes Systems Sdn. Bhd. and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.9. Web Design Project Copyright.Copyright to the finished web design site produced by Trillionbytes Systems Sdn. Bhd. will be owned by Trillionbytes Systems Sdn. Bhd.. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. Trillionbytes Systems Sdn. Bhd. and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to Trillionbytes Systems Sdn. Bhd.'s Design Services Web Site.10. Payments.Payments must be made promptly based on the terms of this Web Site Design Project. Trillionbytes Systems Sdn. Bhd. reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 30 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by Trillionbytes Systems Sdn. Bhd. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Malaysia, and any dispute will be litigated or arbitrated in Malaysia and the Client hereby consents to the personal jurisdiction of the Malaysia State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in Ringgit Malaysia.11. Payment Schedule.Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and Trillionbytes Systems Sdn. Bhd. agree that the services described in this contract, and the Package Price, shall be completed for the sum amount stated at the signing page. The Client agrees to pay to Trillionbytes Systems Sdn. Bhd. an initial, non-refundable deposit of 50% of the estimated total cost upon execution of this agreement. Final payment is due within 7 days prior to publication and/or delivery of the Web Site Design Project. All amounts must be in Malaysia Ringgit.12. Legal Notice.Notwithstanding anything to the contrary contained in this contract, neither Trillionbytes Systems Sdn. Bhd. nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Trillionbytes Systems Sdn. Bhd. be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if Trillionbytes Systems Sdn. Bhd. has been advised of the possibility of such damages.13. This Agreement.This agreement constitutes the sole agreement between Trillionbytes Systems Sdn. Bhd. and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and Trillionbytes Systems Sdn. Bhd. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties. All contents of the Trillionbytes Web Sites are Copyright © 2005 Trillionbytes Systems Sdn. Bhd. (693034-D). All rights reserved. Trillionbytes, Trillionbytes web sites, Trillionbytes logo, and/or other Trillionbytes products and services referenced herein may also be either trademarks or registered trademarks of Trillionbytes in Malaysia and/or other countries. |
| Home | Site Map | Terms | About Us | Contact Us | ©2005-2008 Trillionbytes Systems Sdn Bhd. (693034-D) |