Terms and conditions

term-and-conditionsBy placing an order with ANIZ STUDIO, you confirm that you agree with and bound by the terms and conditions below:

 

1.  Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by ANIZ STUDIO MEDIA NETWORK (hereinafter referred to as ANIZ STUDIO) and in the event of any dispute are governed by the laws of Malaysia. All work is carried out by ANIZ STUDIO on the understanding that the client has agreed to our terms and conditions. Copyright is retained by ANIZ STUDIO on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of ANIZ STUDIO, unless specifically agreed in writing.

 

2.  Project Acceptance

At the time of proposal, ANIZ STUDIO will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the ANIZ STUDIO website. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to ANIZ STUDIO. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation. For the avoidance of doubt, the ANIZ STUDIO Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.

 

3.  Design Charges

Charges for design services to be provided by ANIZ STUDIO will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due. Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

 

4.  Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

 

5.  Source Files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

 

6.  Payment

Payment terms are strictly 50% of the design fee before work commences, then the remainder upon completion prior to the site going live on your domain. Different payment terms may apply to special offers. All payments are non-refundable. If the design project is cancelled by the client before completion, then the deposit together with any other payment are forfeited and any balance due must be paid immediately.

The client acknowledges that if you are not entitled to withhold any payment of any fees due to ANIZ STUDIO for any reasons whatsoever. Once a project has been designed and completed, the final balance of payment is then due in accordance with ANIZ STUDIO payment terms. There are no exceptions to this. If a client decides they no longer want the site or project once they have commissioned the work, they are still obliged to pay for all work that has been done. Nonpayment will result in legal action being taken if necessary.

All payment shall be made to any bank account number stated below:

Beneficiary Name: ANIZ STUDIO MEDIA NETWORK
Receiving Bank: HONG LEONG BANK
Account Number: 24901057110

OR

Beneficiary Name: ANIZ WEB SOLUTIONS
Receiving Bank: CIMB BANK
Account Number: 8601075418

Any invoice queries must be submitted by email within 14 days of the invoice date.

Payments may be made by online transfer, cheques, credit card (Visa, Mastercard) or Debit Card. Publication and/or release of work done by ANIZ STUDIO on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of RM50 per returned cheque. ANIZ STUDIO reserves the right to consider an account to be in default in the event of a returned cheque.

 

7.  Non-Payment and Suspension

In the event of non-payment of any fees charged by ANIZ STUDIO with regard to a client’s account, ANIZ STUDIO reserves the right to suspend all access to the website, at its own discretion, until payment has been received. ANIZ STUDIO will not be held responsible for any damages, losses or claims as a result of a client’s account being suspended.

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. ANIZ STUDIO shall be entitled to remove ANIZ STUDIO ‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount.

Customers whose accounts become default agree to pay all ANIZ STUDIO ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

 

8.  Confidentiality

Both parties agree to respect and keep each other’s trade practices, trademarks, proprietary information, and intellectual property confidential. Violation of this section voids this agreement without indemnity to the ANIZ STUDIO.

 

9.  Digital Millennium Act

ANIZ STUDIO shall assume that the copyright of all the images you provide either belong to you or are royalty free. The company shall assume no liability in the event of intellectual property rights infringement including, but not limited to images and content. You also own text content, photographs and other data you provided, unless someone else owns them. We own the HTML markup, CSS and other code and we license it to you for use on only this project. ANIZ STUDIO reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good-selves, or that you have permission to use them.

 

10.  Copyrights and Trademarks

By supplying text, images and other data to ANIZ STUDIO for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by ANIZ STUDIO on behalf of the customer, will remain the property of ANIZ STUDIO and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose. The customer may request in writing from ANIZ STUDIO, the necessary permission to use materials (for which ANIZ STUDIO holds the copyright) in forms other than for which it was originally supplied, and ANIZ STUDIO may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not ANIZ STUDIO.

By supplying images, text, or any other data to ANIZ STUDIO, the customer grants ANIZ STUDIO permission to use this material freely in the pursuit of the design. Should ANIZ STUDIO, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow ANIZ STUDIO to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold ANIZ STUDIO free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

 

11.  Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. The customer also agrees that ANIZ STUDIO holds no responsibility for any amendments made by any third party, before or after a design is published.

 

12.  Licensing

Any design, copywriting, drawing, idea or code created for the customer by ANIZ STUDIO, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of ANIZ STUDIO and any of its relevant sub-contractors. All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. 

ANIZ STUDIO will not be held responsible for any and all damages resulting from such claims. ANIZ STUDIO is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold ANIZ STUDIO responsible for any such loss or damage. Any claim against ANIZ STUDIO shall be limited to the relevant fee(s) paid by the customer.

 

13.  Data Formats

The client agrees to ANIZ STUDIO’s definition of acceptable means of supplying data to the company. Text is to be supplied to ANIZ STUDIO in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder. Images which are supplied in an electronic format are to be provided in a format JPEG or PNG. Images must be of a quality suitable for use without any subsequent image processing, and ANIZ STUDIO will not be held responsible for any image quality which the client later deems to be unacceptable. ANIZ STUDIO cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.

 

14.  Design Project Duration

Any indication given by ANIZ STUDIO of a design project’s duration is to be considered by the customer to be an estimation. ANIZ STUDIO cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by ANIZ STUDIO for the initial payment or by date confirmed in writing by ANIZ STUDIO.

 

Web Site Design Project Timelines:

The length of time it takes to build a website is dependent on the project. However, a basic website can take between 3 - 4 weeks to be up and running, while a comprehensive website may take between 12 – 16 weeks. Time is taken for approval for the look and feel the design is beyond our control. As such, the timeline for the completion of the project might drag longer. In each case, ANIZ STUDIO will keep you informed from the outset and will always work towards launching the website within the agreed deadline.

 

15.  Rights of Access for Website/ Information System Construction

The client agrees to allow ANIZ STUDIO all necessary access to computer systems and other locations, as required, in order to complete a website/ information system project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow ANIZ STUDIO access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply ANIZ STUDIO with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

 

16.  Website design only

ANIZ STUDIO require that a draft or template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.

Once web design is complete, ANIZ STUDIO will provide the customer with the opportunity to review the resulting work. ANIZ STUDIO will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to ANIZ STUDIO by e-mail.

ANIZ STUDIO will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

 

17.  Contents of websites

Material and information has to be provided timely base on the progress of the web site development. As our client, you agree to provide us with everything that we need to complete the project including text, images and other information as and when we need them, and in the format that we ask for. Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.

 

Failure to provide required website content:

ANIZ STUDIO is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and subsequently fail to do within one (1) month of project commencement, we reserve the right to close the project.

You are responsible for the contents of your website and the consequences thereof. ANIZ STUDIO takes no responsibility whatsoever for any content supplied by clients and published on said clients’ websites that are designed by ANIZ STUDIO. Although we make every effort to ensure proper spelling and grammar, this alone is not sufficient. The production of a professional website requires careful proofreading by the website owner. It is your responsibility to ensure that all information is correct, free from copyright infringement, and relevant. It is also the responsibility of the client to ensure that the current information on their website is correct, and that ANIZ STUDIO is notified of any changes that has to be made. ANIZ STUDIO will not be held liable for any damages or issues that may arise due to incorrect information on any client’s website.

The client agrees not to do anything that would restrict or inhibit any other person from using and enjoying the Internet. The client further agrees not to use the services provided by ANIZ STUDIO to post any content or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may constitute a criminal offense, give rise to civil liability or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or court order.

The client ALSO agrees to abide by all applicable local, state, national and international laws and regulations regarding your use of ANIZ STUDIO services. ANIZ STUDIO reserves the right to terminate the client’s account without prior notice if ANIZ STUDIO becomes aware of and determines, in its sole discretion, that you have violated any of the above guidelines.

 

18.  Hosting and domain names

If a domain name and web hosting needs to be purchased on your behalf, this will be invoiced and paid for by the client at the outset together with the initial deposit. ANIZ STUDIO will register a domain name and web hosting on your behalf and we act as your agents with the registering authority. The client will retain full rights to the use of the name according to the relevant registering authority's terms once all payments due has been made. A RM150 transfer fee is applicable for the transfer of any domain from current host.

If the customer does not renew the hosting services, the hosting will expire and your site will no longer be live. ANIZ STUDIO excludes liability for any loss of profit caused to the customer by the expiration of the hosting as a result of the customer's failure to renew the services.

All domain names will be registered in the client’s name and as such the domain name belongs to the client. If the customer does not renew the domain services, the domain will expire and will be available for general sale. No cash alternative is available for customers who purchase their own domain name.

ANIZ STUDIO excludes liability for any loss of profit caused to the customer by the expiration of the hosting and domain name as a result of a technical fault or any other fault caused by any third party. ANIZ STUDIO excludes liability for any loss of profit caused to the Customer by the expiration of the hosting domain name as a result of a technical fault of any other fault caused by the negligence of the site host.

Fees due to third party hosting organisations are the responsibility of the client and ANIZ STUDIO are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

 

19.  Data Backup and Service Up-Time

ANIZ STUDIO carries out data backups for internal use in the event of systems failure, however, we do not provide data restoration facilities for individual clients upon request. Whilst every effort is made to ensure data is backed up correctly we cannot be held liable for data loss or corruption through loss of connectivity resulting from the breakdown, misconfiguration, or other failures of equipment not controlled by ANIZ STUDIO or as a result of any event beyond our reasonable control. ANIZ STUDIO also cannot be held liable should any web hosting services be unavailable for any reason whatsoever.

 

20.  Search Engine Submission

ANIZ STUDIO will introduce your website to search engines but we cannot guarantee the ranking of your website on any search engine. Due to the infinite number of considerations that search engines use when determining a site’s ranking, ANIZ STUDIO cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. ANIZ STUDIO cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites. ANIZ STUDIO recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

 

21.  Monthly Website Maintenance

Monthly website Maintenance by ANIZ STUDIO will be charge RM550.00 per month. The fees may be paid with bank transfer, cheque or money order. The fees will be charged to the clients on the 1st or 15th day of every month. The fees will be prorated for new clients that sign up in the middle of a given month. There are absolutely no refunds for any fees related to website maintenance services. When adding new text and/or content to a page the client is responsible for providing all text (in digital format) and images/photos. “Update turnaround time” is based on item updates. Advanced programming may result in longer turnaround times.

 

22.  Design Credits

The customer agrees to allow ANIZ STUDIO to place a small credit on printed material exhibition displays, advertisements and/or a link to ANIZ STUDIO own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow ANIZ STUDIO to place websites and other designs, along with a link to the client’s site on ANIZ STUDIO’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

 

23.  Rights of Refusal

ANIZ STUDIO will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. ANIZ STUDIO also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that ANIZ STUDIO does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow ANIZ STUDIO to remove the contravention without hindrance, or penalty. ANIZ STUDIO is to be held in no way responsible for any such data being included.

 

24.  Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, ANIZ STUDIO will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by ANIZ STUDIO within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

 

25.  Disclaimer of warranties/limitation of liability

ANIZ STUDIO makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. ANIZ STUDIO will not be held responsible for any and all damages resulting from products and/or services it supplies. ANIZ STUDIO is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold ANIZ STUDIO responsible for any such loss or damage. Any claim against ANIZ STUDIO shall be limited to the relevant fee(s) paid by the customer.

ANIZ STUDIO reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. ANIZ STUDIO will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

ANIZ STUDIO expressly disclaims any representation or warranty that the ANIZ STUDIO service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by ANIZ STUDIO or its employees, will create a warranty; nor may you rely on any such information or advice. Under no circumstances, including negligence, will ANIZ STUDIO be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ANIZ STUDIO service, including but not limited to reliance on any information obtained from the ANIZ STUDIO service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ANIZ STUDIO records, programs or services.

You hereby acknowledge that this provision will apply whether or not ANIZ STUDIO is given notice of the possibility of such damages and that this provision will apply to all services available from ANIZ STUDIO. Under no circumstances, under the terms of this agreement, shall damages include loss of business, or loss of profits whether based on breach of agreement, breach of warranty, tort, product liability or otherwise. The terms of this section shall survive the termination of this agreement for whatever reason.

 

26.  Force Majeure

If by reason of failure of telecommunications or Internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of ANIZ STUDIO, ANIZ STUDIO is unable to perform in whole or in part its obligations as set forth in this Agreement, then ANIZ STUDIO shall be relieved of those obligations to the extent it is so unable to perform, and such inability to perform shall not make ANIZ STUDIO liable to the client.

  

27.  Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by ANIZ STUDIO, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.anizstudio.com. An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions between the signatory and ANIZ STUDIO.

 

28.  Modification of Terms

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. ANIZ STUDIO reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice, effective upon making the modified provisions available on the ANIZ STUDIO website. You are responsible for regularly reviewing the information contained in the ANIZ STUDIO Terms and Conditions. Continued use of the ANIZ STUDIO services after any such changes shall constitute your consent to such changes. ANIZ STUDIO does not and will not assume any obligation to notify you of any changes to the Terms of Services.

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Copyright © 2019 ANIZ STUDIO MEDIA NETWORK (002899492-X) & ANIZ WEB SOLUTIONS (NS0093867-U). All rights reserved.