The following sets forth the terms and conditions guiding the relationship between DW DOT MY Sdn Bhd (DWMY) with clients like yourself (Client). The aim of this document is to set expectations and be transparent about our commitments and responsibilities related to the delivery of services by DWMY to the Client.
1. Responsibilities
You declare that you have the power and right to represent your company or organization in this partnership. You will provide us with everything that we need to successfully deliver your project, when we need it and in the formats ask for. You’ll review our work, provide feedback and approval in a timely manner too to avoid delays to your project.
We promise to deliver the services we have agreed to in a professional manner, and endeavor to meet deadlines we have agreed upon. We will do our best to keep all confidential information received during our relationship secret, even after the conclusion of any ongoing projects.
2. Payments
You agree to pay us the fees listed in our invoices, according to the accompanying payment terms. Failure to meet payment terms will cause delays to your project and are grounds for termination of the project and agreement.
Additions to the list of deliverables in the agreed Scope of Work are fine, but will incur additional fees and impact the project timeline.
If the project involves publishing content, 1 free revision is included for each page of published content. Additional revisions and amendments will be billable.
Operating expenses incurred while providing services to Client are to be borne by the Client. DWMY will notify Client of such expenses and they will be clearly listed on your invoices.
We reserve the right to charge interest on all overdue debts at the rate of 1.5% per month or part of a month, or the maximum allowed by law.
3. Third Party Consultants and Vendors
Third party consultants and vendors sometime disagree with DWMY’s methods and ideas. Therefore, Client agrees to consult with DWMY before entering into new agreements or relationships with third party services, consultants or vendors for this project. After all, we want to avoid too many cooks in the kitchen.
4. Termination
Should you decide to cancel a project before it’s conclusion, you must notify us in writing that you are terminating the agreement.
DWMY may terminate the agreement should Client commits a breach of any of the terms and conditions in this agreement. We will also notify you in writing when we do so.
Please note that project deposits are non-refundable. You will also be liable for all fees, costs and expenses incurred by DWMY for any ongoing projects up to the time of cancellation.
5. Copyrights
You guarantee that all the elements you provide to us for the project, including text, graphics, photos, designs, trademarks or other artwork, are either owned by you, or that you at least have permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the finished product that we create for the projects we work on. We’ll give you source files and finished files. You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes the finished product and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
We love to show off our work, so we reserve the right to display all aspects of our development process and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
6. Legal stuff
We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Just like a parking ticket, you can’t transfer this agreement to anyone else without our permission. This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place.
While we have tried to keep the language simple, the intentions are serious and our agreement is a legal document under exclusive jurisdiction of Malaysian courts.
Updated: 1 August 2022