Dhu Business Solutions Terms and Conditions of Website Development Service

 

  1. General Provisions

These terms and conditions apply to the Free, Lite, and Pro website development packages offered by Dhu Business Solutions Sdn Bhd (“hereinafter referred to as “Dhu Business Solutions”). By purchasing or availing of these services, the client agrees to the terms outlined below.

  1. Package Scope and Features
    • Each package provides specific features and services as detailed in the respective descriptions.
    • Additional customizations or services outside the listed features will incur extra charges.

FREE PACKAGE

  1. Features Provided
    • Up to 2 Pages: Includes basic pages with essential information.
    • Ready Theme: Choose from a basic selection of pre-designed themes.
    • Mobile Responsive: Optimized for desktops and smartphones.
    • SSL Certificates: Ensure website security.
    • Free 1-Year Hosting: Hosting is included for the first year.
    • Hosting Renewal Fee: RM500 per annum from the second year onward.
  2. Client Responsibilities
    • Provide all content, images, and necessary details before the development begins.
    • Select a ready theme from the options provided.
    • After the free hosting period concludes, the client may choose to renew the hosting service by paying the applicable annual hosting fee.
  3. Limitations
    • Advanced SEO, WhatsApp integration, and traffic reports are not included.

LITE PACKAGE

  1. Features Provided
    • Ready Theme: Select from a wider range of pre-designed themes.
    • Mobile Responsive: Optimized for all devices.
    • SEO Friendly: Includes basic SEO optimization.
    • SSL Certificates: Industry-standard SSL for website security.
    • WhatsApp Integration: Allow customers to connect via WhatsApp.
    • Free Website Traffic Reports: Receive periodic traffic updates via email.
    • Free 1-Year Hosting: Hosting is included for the first year.
    • Hosting Renewal Fee: RM600 per annum from the second year onward.
    • RM500 per page.
    • One Round of revision.
  2. Client Responsibilities
    • Submit required content and materials before project commencement.
    • Provide timely feedback during the one revision round.
    • After the free hosting period concludes, the client may choose to renew the hosting service by paying the applicable annual hosting fee.

PRO PACKAGE

  1. Features Provided
    • Custom Themes: Select from an advanced set of themes tailored to your needs.
    • Mobile Responsive: Seamless user experience across devices.
    • Advanced SEO Features: Enhanced visibility on search engines.
    • WhatsApp Integration: Enable customer engagement directly on your site.
    • Free Website Traffic Reports: Detailed performance insights delivered via email.
    • Free 1-Year Hosting: Hosting is included for the first year.
    • Hosting Renewal Fee: RM800 per annum from the second year onward.
    • RM600 per page.
    • Revision Rounds: Up to 2 rounds of revisions to ensure satisfaction.
  2. Client Responsibilities
    • Provide high-quality content and assets for a professional look.
    • Submit feedback promptly for each revision round.
    • After the free hosting period concludes, the client may choose to renew the hosting service by paying the applicable annual hosting fee.
  1. Ownership and Intellectual Property
  • Client Ownership: Upon full payment of any applicable fees, the client will own the final website content and design, including text, images, and layout, provided as part of the agreed package.
  • Exclusions: Ownership excludes any proprietary tools, frameworks, or software used by Dhu Business Solutions during the development process. These remain the intellectual property of Dhu Business Solutions or its licensors.
  • Third-Party Assets: Any third-party assets (e.g., stock images, plugins, or external software) included on the website may be subject to their respective licenses, and ownership will depend on the terms of those licenses. The client is responsible for adhering to these terms.
  • Portfolio Rights: Dhu Business Solutions retains the right to showcase the completed project in its portfolio, marketing materials, or case studies unless explicitly prohibited in writing by the client.
  1. Hosting and Maintenance
  • Free hosting is provided for the first year for all packages.
  • Clients are responsible for renewing hosting annually (at package-specific rates) to keep their website active.
  • Ongoing maintenance or updates are not included but can be purchased separately.
  1. Payment Terms
  • Full payment is required before the commencement of website development for all packages (Free, Lite, and Pro).
  • Payment must be made in accordance with the invoice issued by Dhu Business Solutions.
  • Development will not begin until the payment has been received and confirmed.
  1. Additional Services
  • Any services or features not specified in the selected package (Free, Lite, or Pro) can be arranged upon request at an additional charge.
  • The client will be provided with a detailed quote for any requested additional services, and work will only commence upon written approval and receipt of payment for the additional charges.
  1. Revisions and Additional Changes

Revisions are limited to the specified number per package. Additional changes beyond the included revisions will incur extra charges.

  1. Cancellations and Refunds
  • Cancellation Before Development: Clients may cancel the service in writing before development begins. If payment has been made, a full refund will be issued, minus any applicable administrative fees or costs incurred up to the cancellation date.
  • Cancellation After Development Begins: Once development work has commenced, no refunds will be issued, regardless of the stage of completion.
  • Non-Refundable Fees: Any fees paid for additional services, third-party assets, or custom features are non-refundable once those services or assets have been purchased or work has started.
  • Company-Initiated Cancellation: Dhu Business Solutions reserves the right to cancel services due to unforeseen circumstances or breaches of the Terms and Conditions by the client. In such cases, a pro-rata refund may be issued at the company’s discretion, depending on the work completed.
  • Disputes: Any disputes regarding cancellations or refunds must be communicated in writing and will be reviewed on a case-by-case basis.
  1. Liability and Indemnity

9.1 Limitation of Liability:

Dhu Business Solutions shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages or losses resulting from:

    • Hosting issues, including but not limited to outages, data loss, or server downtime caused by third-party hosting providers.
    • Third-party integrations, plugins, or software used on the website, including compatibility issues, functionality errors, or security vulnerabilities.
    • Misuse, unauthorized access, or improper management of the website by the client or third parties.

9.2 Client Responsibility:

    • Clients are solely responsible for ensuring that all website content complies with applicable laws, regulations, and industry standards, including but not limited to copyright laws, privacy regulations, and advertising standards.
    • Any fines, penalties, or legal actions arising from non-compliance with such requirements will be the sole responsibility of the client.

9.3 Indemnity:

The client agrees to indemnify, defend, and hold Dhu Business Solutions, its employees, and agents harmless from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

    • The use of copyrighted, trademarked, or otherwise infringing materials provided by the client.
    • Misuse or unauthorized use of the website or its components by the client or third parties.
    • Breach of any terms outlined in this agreement by the client.

9.4 Exclusions:

Dhu Business Solutions is not responsible for losses caused by events beyond its reasonable control, including but not limited to natural disasters, cyber-attacks, or third-party service failures.

  1. Termination of Service

If hosting is not renewed after the free year, the website will be suspended after a grace period of 30 days, and files may be permanently removed.

  1. Use of Client-Provided Images and Content
  • The client is responsible for ensuring that all images, text, and other materials provided for the website are free from copyright restrictions and are legally permissible for use.
  • By providing such materials, the client confirms that they own or have obtained appropriate licenses for all submitted content.
  • Copyright Liability: Dhu Business Solutions shall not be held responsible for any claims, damages, or legal actions arising from the use of copyrighted materials provided by the client.
  1. Fee Changes
  • Dhu Business Solutions reserves the right to revise the fees for hosting renewal, additional pages, or any other services provided.
  • Clients will be notified in writing at least 30 days before any fee changes take effect.
  • Continued use of the services after the fee change notification period will constitute acceptance of the revised fees.
  1. Force Majeure

13.1 Dhu Business Solutions shall not be held liable for any delays, failures, or damages resulting from events beyond its reasonable control, including but not limited to:

    • Natural disasters (e.g., earthquakes, floods, storms).
    • Acts of government or regulatory authorities.
    • War, terrorism, or civil unrest.
    • Labor strikes or industrial actions.
    • Power outages, internet disruptions, or cyber-attacks.
    • Pandemic, epidemic, or other public health emergencies.

13.2 If such an event occurs, Dhu Business Solutions will notify the client promptly and make all reasonable efforts to mitigate the impact on the project timeline.

13.3 Either party may terminate the agreement if the force majeure event persists for an extended period (e.g., 30 days or more), with any payments for unrendered services subject to a fair refund or adjustment.

  1. Changes to Terms and Conditions
  • Dhu Business Solutions reserves the right to modify, amend, or update these Terms and Conditions at any time.
  • Clients will be provided with prior written notice of any changes, typically no less than 30 days before the updated terms take effect.
  • Continued use of the services following such notice constitutes the client’s acceptance of the revised Terms and Conditions.
  • If the client does not agree to the updated terms, they must notify Dhu Business Services in writing before the changes take effect, and the agreement may be terminated in accordance with the cancellation terms.
  1. Acceptance of Terms

By availing of these services, clients agree to the above terms and conditions.

 

Updated on 24th December 2024