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 ompany Terms and Conditions |
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PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
BY VISITING, BROWSING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY VISUALMIMESIS.COM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. Definitions
1.1 Client means person, firm or company that purchases or agrees to purchase goods or services from the company.
1.2 Company means VisualMimesis.com.
1.3 Goods or services means the item supplied by the company as specified on the order form.
1.4 Contract means a contract for the supply of goods or services by VisualMimesis.com.
2. Terms & Conditions
2.1 These terms and conditions apply to all contracts for the sale and supply of goods and services by VisualMimesis.com to the exclusion of all other terms and conditions which the client may purport to apply.
2.2 By completing the company order form, orders by the mode of online order form, or use of emails, the client will be deemed to have accepted and agreed to these terms and conditions setforth.
2.3 Any variation of the terms and conditions shall be inapplicable unless agreed only in writing by the company.
2.4 We the company reserve the right to amend and update these terms and conditions at anytime without notice.
3. Supply
3.1 The company agrees to provide the service to the client to the extent described in the client agreement from and according to the terms and conditions of this contract. The service level shall be deemed incorporated in to this contract.
3.2 The company cannot guarantee any level of service, although any problems will be solved as soon as possible.
4. Price & Payment
4.0 All bills, quotation and invoices are sent via email.
4.1 Validity of the price listed in quotation is within one (1) month. This quotation may not be treated as valid transaction receipt.
4.2 All prices are quoted in Ringgit Malaysia (RM).
4.3 Payment by the client may be made by cash or by cheque. In case of payment by cheque, kindly issue the cheque to the following name: CHAN WAN.
4.4 We do not offer any form of credit to clients.
4.5 The company has no obligation to carry out any work until 50% of full payment in advance has been received in clear funds.
4.6 Final goods or services will only be delivered upon in exchange with the rest of the 50% of full payment.
4.7 At all times the Client must specify a communications address, which should be an email address, to which we may send all invoices, notices or other forms of communication. Should the Client fail to notify us immediately of any change in particulars then we shall not be liable for any loss to the Client arising from any such failure.
5. Termination
5.1 The initial term of this contract shall be the period described in the above and shall commence on the date of acceptance by the client. Thereafter the contract will continue unless terminated according to the provisions below.
5.2 All goods or services cancellations must be done in writing, with at least 7 days notice. Notifications must include user name, principal contract name with valid signature and reason for cancellation. Third party cancellations are not accepted.
5.3 We the company reserve the right to cancel your goods or services at anytime without notice.
5.4 Any improper use of final goods or services by the client, in any way, is not held liable by the Company and may result in immediate termination of the Company's service.
5.5 If a client has ordered a goods or services, the company expect the client to commit for this period of time. If the client wishes to cancel or breaks any of the terms and conditions and their goods or services is cancelled within this service period, the company will not make any refunds. Whilst the company does not offer refunds the client have no obligation to continue using our service.
6. Company's Liability
6.1 In no circumstances whatsoever will the company be liable for economic, indirect or consequential loss arising from delays or service interruptions.
6.2 The company will not be responsible for loss occasioned by computer viruses, whether introduced by the Company's software or otherwise.
6.3 To protect your privacy we will not distribute your name or e-mail address to any third party.
6.4 We the company reserve the right to remove material deemed inappropriate from your goods or services, without prior notice.
6.5 We the company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of goods or services.
6.6 For web hosting services, whilst the company shall expeditiously seek domain registration, the company shall not be liable in the event of the domain having been registered by some other person by the time the company seeks registration in which event a full refund will be paid to the client without any other liability on the part of the company for loss by the client.
7. Client's Liability
7.1 It is the client's responsibility to provide as much information for us to carry out our goods or services.
7.2 It is the responsibility of the client to keep independent backup files of important data. We the company cannot be held responsible for any loss incurred from the client's inability to backup any files.
7.3 Clients must not attempt to gain the privileges of another user.
7.4 If the company believes that any goods or services have been abused by the client, this will result in an immediate termination of their goods or services.
7.5 Clients will be responsible for the content of their goods or services including obtaining the legal permission for any works they include and ensuring that the contents of their goods or services do not violate any other laws that are applicable.
7.6 The clients will be responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via their goods or services.
8. Improper Use
8.1 The company's goods or services may only be used for lawful purposes by the client.
8.2 Any breach of the above provisions will result in an immediate withdraw of goods or services provided by the company.
9. Confidentiality
9.1 VisualMimesis.com collects various information from clients for billing and administrative purposes only. You consent to the transmission and safe storage of such information for the purpose of administering your account.
9.2 Personal information will not ordinarily be made available to any third parties. However, we may provide your personal data to governmental or law enforcement agencies and other third parties with a legitimate reason for requesting the information.
10. Warranties And Indemnity
10.1 VisualMimesis.com make no warranties of any kind, neither express nor implied.
We shall not be liable, in contract, or otherwise for:
10.2 Any loss of use or loss of data.
10.3 Any loss of profit, business, contracts, revenues, or anticipated savings.
10.4 Any punitive, special, indirect, incidental, consequential or similar damages of any nature whatsoever, whether foreseeable or not, resulting from any act or omission on our part or any other person authorised by us in supplying our goods or services.
10.5 The client agrees to indemnify and hold harmless the company from any claims, losses, liabilities and expenses (including legal fees, legal costs and expenses) resulting from the provision of Services by us to You and your use of the Services, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
11. Disclaimer of Warranties
11.1 You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is", "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT., GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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