Terms and Conditions

ATTENTION! THE FOLLOWING TERMS AND CONDITIONS WILL BE LEGALLY BINDING TO THE CLIENT UPON EXECUTION OF I CONCEPT DIGITAL’S STANDARD SERVICES AGREEMENT. THE CLIENT SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE BEFORE EXECUTING THE AGREEMENT.

Service Package

Price quoted is only valid for 14 days from the date of quotation or proposal issued and only applicable to the above-mentioned job. Any additional services rendered shall be charged accordingly. However, I Concept Digital reserves the rights to revise the cost based on the market situation before any confirmation performed by the Client.

Deposit

A non-refundable 50% deposit of the total fee payable to I Concept Digital is due immediately upon appointing I Concept Digital. Payment should be made before any commencement of work.

Design

For customised design package, the Client will be given 3 times of amendment rounds after the first preview of the design is presented. The Client will need to compile all amendments required via email. Additional revisions will be charged according to the type of amendments required.

Language Options

Unless specified under the agreed job scope, English language will be the only language used by I Concept Digital to deliver its services (including but not limited to design and development of website, Content Management System, E-Commerce System, Portal, Custom Business Solutions, Custom Web Applications and any Custom System. Any additional language option will be charged accordingly and will be stated clearly in the quotation or proposal.

Confirmation

We will only proceed further action after receiving written confirmation and deposit. This will be subject to first come, first served basis based on I Concept Digital’s project schedule.

Final Payment

The remaining balance payment shall be due after training has been provided or before the website is launched to LIVE. There are no exceptions to this, for example, if the Client decides they no longer require the site, as they have already commissioned the work. The Client is still obliged to pay for the work that has been done.

Animation

The animation and static website pages are exclusive of programming script and animation scripts.

Content and Picture Submission

Unless specified under the job scope, the Client must provide all materials and information required to complete the work in accordance with any agreed specification. Such materials may include, but not limited to, photographs, written copy, logos, and other materials. Where there is a delay in providing these materials to I Concept Digital, which in turn leads to a delay in the completion of work, I Concept Digital reserves the right to extend any previously agreed deadlines by a reasonable amount. Where the Client fail to provide the materials, which impedes the progress of work, I Concept Digital reserves the rights to invoice the Client for any part or parts of the completed work.

Picture Usage

Picture and image touch-ups (limited to adjusting of brightness, contrast, saturation, image cropping and resizing only) in web content is applicable to static informative content only, and do not include pictures used in product or other info key in for eCommerce website and CMS contents. I Concept Digital will not be responsible for any copyright issues for all pictures provided by the Client. All stock images included in the package (if any) will be purchased only from 123rf.com, istockphoto.com, fotolia.com and dreamstime.com at the cost of maximum 3 credits per photo only.

Hosting and Server

All shared hosting is bound within allocated resources such as number of emails sent per hour, bandwidth and traffic. When the usage exceeded the allocated resource (due to various reasons such as mass email sending, movie streaming or higher traffic), the Client will be advised to upgrade to a better server package. Unless specified under the agreed job scope, shared hosting package does not include any FTP and cPanel login. I Concept Digital will not be responsible for any technical and functionality problem of the website and the application if the website and application is not hosted by I Concept Digital.

I Concept Digital Methodology

I Concept Digital uses a proven methodology based on the best practices gleaned from vast experiences in delivering web solutions and business solutions to our client. Known as I Concept Digital Methodology, this formal methodology is a staged approach. The methods deployed are those that have most greatly benefited hundreds of clients in their implementations. I Concept Digital Methodology is composed of activities logically grouped into four to five distinct stages, which support the long-term success of the I Concept Digital development, making it easier to provide management and control during the lifecycle of a project. Not all projects, or professional service engagements will always use all stages and complete all activities outlined in the methodology. This staged approach has been designed to be flexible enough to allow specific requirements to be properly addressed and for methods and techniques to be selected and implemented as needed.

Copyright and Restrictions

The Client is responsible for all activities conducted under its User Logins and for its Users’ compliance with this agreement. Except as expressly provided under the quotation or proposal, any service provided by I Concept Digital is only for 1 (one) domain at any single time. The Client shall not (a) permit any Third Party to copy, translate, modify, rent, resell, sub-licence, duplicate, distribute, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile any part thereof or otherwise attempt to discover any source code or modify the service (including but not limited to Website, Content Management System, E-Commerce System, Portal, Custom Business Solution, Custom Web Applications and any Custom System) provided by I Concept Digital in any manner or form; (b) use unauthorised modified versions of the service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorised access to the service; (c) use the service in a manner that is contrary to applicable law or in violation of any Third Party rights of privacy or intellectual property rights; (d) publish, post, upload or otherwise transmit Client Data that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; or (e) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the service. For the interest of our client, I Concept Digital will decide on necessary course of action in order to protect the source files.

Project Exclusion

Unless specified under the agreed job scope, this package does not include copywriting, proofreading, translation, photo shooting, video shooting, any sort of integration with any ERP System in the market, product key in, picture gallery key in, data input and Third Party system subscription (eg, Campaign Management System like Get Response and Aweber, SMS Provider Company and Payment Gateway).

Search Engine

I Concept Digital shall not accept liability for any specific change in position in search engine results for the Client’s website. I Concept Digital only performs basic search engine optimisation according to the current best practices, which includes Cross Browser Compatibility, Meta Tags and Keywords, Search Engine Submission, XML Sitemap and Submission only.

Client Participation

The Client acknowledges and agrees to provide I Concept Digital with prompt and adequate responses (within 14 days by email, otherwise I Concept Digital shall issue a Final 30-day Notice to the Client) to its requests for information and other requests related to this project to be performed under this quotation or proposal. In the event that I Concept Digital has made a request and the Client has not responded promptly with the requested information, I Concept Digital may issue a “Final 30-day Project Notice” (“Final Notice”) to the Client. If the Client does not respond as requested to the Final Notice, the Client agrees that I Concept Digital shall be relieved of any further obligations which have not be completed under this quotation or proposal and the Client shall remain liable for payment of all Professional Service fees as set forth herein. Any and all services requested by the Client following the expiration of the aforementioned thirty (30 days period will require the Client and I Concept Digital to execute a new quotation or proposal and the Client shall be responsible for any additional Professional Service fees contemplated thereunder, even if listed in the original quotation or proposal.

Third Party Websites, Products and Services

I Concept Digital may offer certain Third Party Applications for sale in the quotation or proposal. Any procurement of such Third Party Applications by the Client shall be subject to the terms specified in such quotation or proposal. In addition, I Concept Digital or Third Party Providers may offer Third Party Applications or services, including the implementation, customisation and other consulting services related to the Clients’ use of service. Except as set forth in the quotationor proposal, I Concept Digital does not warrant any such Third Party Applications or services, regardless of whether or not such Third Party Applications or services are provided by a Third Party that is a member of an I Concept Digital partner program or otherwise designated by I Concept Digital as ‘certified’, ‘approved’ or ‘recommended’. Any procurement by the Client of any Third Party Applications or services is solely between the Client and the applicable Third Party Provider. I Concept Digital will not be responsible for any other aspect of such Third Party Applications or services that client may procure or connect to through the service, or any descriptions, promises or other information related to the foregoing. If the Client installs or enables Third Party Applications or services for use with the service, the Client agrees that I Concept Digital may allow such Third Party Providers to access Client Data as required for the interoperation of such Third Party Applications with the service, and any exchange of data or other interaction between the Client and a Third Party Provider is solely between the Client and such Third Party Provider. I Concept Digital shall not be responsible for any disclosure, modification or deletion of Client Data resulting from any such access by Third Party Applications or Third Party Providers. No procurement of such Third Party Applications or services is required to use the service.

IT Issues

I Concept Digital will not be responsible for any issues associated with the Client’s computers such as local settings, servers, internet or any other local issues.  Any IT issues that occur are solely the responsibility of the Client.

Client Acknowledgement

The Client is responsible for acknowledging and responding to documents related to this project. These documents could be requirement documents, escalation issues or end-of-project notices. Some documents will require the Client’s signature or e-signature before I Concept Digital can proceed with the implementation and the Client is responsible for responding in a timely and collaborative fashion. I Concept Digital shall not be held responsibility should any delay is caused by this clause.

Website Completion and Warranty

Upon website launching for public viewing, I Concept Digital will provide 8 weeks of support and technical issue resolution via email, phone and other electronic medium for issues such as fixing of current system error identify and correct or advise on the current system operational issues. Warranty Period may defer based on project, as per specified under the quotation or proposal whichever that is longer than 2 weeks. I Concept Digital will consider task completed upon the expiration of Warranty Period.

Data Loss and Data Backup

I Concept Digital shall not be held responsible in the event of any file loss resulting from the failure of any of the servers or services I Concept Digital operates (this includes I Concept Digital’s remote backup service). While I Concept Digital hosting partner do perform regular server backups as part of their own internal maintenance, I Concept Digital may impose a charge to restore data as per the Client’s request, depending on the complexity of work involved in doing so. The Client is therefore strongly advised to backup all files locally on a regular basis depending on the frequency of the Client to update the website. Backup manual can be obtained from I Concept Digital upon request.

Termination of Service

Any party is allowed to terminate the quotation or proposal by giving 1 week notice and the website will remain as the property of I Concept Digital. The Client is required to pay the amount of outstanding payment based on the completion progress of the project.

Cross Browser Compatibility

By using current versions of well supported Content Management Systems and E-Commerce Systems, I Concept Digital endeavors to ensure that the websites we create are compatible with all current desktop modern web browsers such as the most recent versions of Internet Explorer (IE 11 and most up to date versions only), Firefox, Google Chrome and Safari and all most recent versions of the mobile browsers such as Apple’s Safari and Android’s default internet browser. Third Party extensions, where used, may not have the same level of support for all browsers. Where appropriate, I Concept Digital will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

Computer Viruses

I Concept Digital acknowledges that documents posted to and content available in websites may contain computer viruses or other harmful elements. Should the Client or any other Third Party downloads any such materials from the websites, it is the Client’s or any other Third Party responsibility to perform any anti-virus scanning or other precautions as deem necessary. Under no circumstances will I Concept Digital be responsible for any loss or damage caused by any materials downloaded from the websites and the Client or any other Third Party will assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment or data used in connection with the Client’s websites.

No Soliciting

Client agrees that, during the Term and for a period of two year from the end of the Term, neither it nor its affiliates will solicit or recruit the services of any I Concept Digital employees, or hire any such employees.

Limitation of Liability

In no event will I Concept Digital be liable to the the Client or any other party for any direct, indirect, incidental, consequential, special or exemplary damages (including but not limited to lost profits, trading losses or damages that result from inconvenience, delay or loss of the use of the websites or the services), or claims arising in TORT (including negligence), even if I Concept Digital or I Concept Digital’s Hosting Partner or Third Party have been advised of or are otherwise aware of the possibility of any of the foregoing. I Concept Digital expressly disclaim all and provide no representations or warranties in respect of this website, its contents or the services provided by I Concept Digital. I Concept Digital do not represent or warrant that the information accessible on or via this website is accurate, complete or current.

Privacy Policy

For purposes of this Agreement, “Confidential Information” shall include the terms of this Agreement, Client Data, each party’s proprietary technology, business processes and technical product information, designs, issues, all communication between the Parties regarding the Service and any information that is clearly identified in writing at the time of disclosure as confidential. Notwithstanding the foregoing, Confidential Information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the Receiving Party; (4) the Receiving Party becomes aware of from a Third Party not bound by non-disclosure obligations to the Disclosing Party and with the lawful right to disclose such information to the Receiving Party; or (5) is aggregate data regarding the use of I Concept Digital’s services that does not contain any personally identifiable or Client-specific information. Each party agrees: (a) to keep confidential all Confidential Information; (b) not to use or disclose Confidential Information except to the extent necessary to perform its obligations or exercise rights under this Agreement or as directed by the Client; (c) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information, including but not limited to inputting credit card data and social security numbers only in the fields designated for such data in the Service) and to make Confidential Information available to authorised persons only on a “need to know” basis. Either party may disclose Confidential Information on a need to know basis to its Contractors and Service Providers who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of this Agreement.  Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information to the extent that law or order of a court or other governmental authority or regulation permits such disclosure.

THE WEBSITES AND SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING ANY ASPECT OF THE WEBSITES OR SERVICES OR INFORMATION MADE AVAILABLE VIA THE WEBSITES OR SERVICES. THE CLIENT RECOGNISES THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE THE CLIENT RELIES ON IT.