Terms and Conditions
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Website Design, Development and other services provided by Spacemind Studio (the “Services”). As used in this Agreement, “Spacemind Studio” means Spacemind Studio and “Client”, “you”, or “your” means you, “Project”, “Work”, or “Design” means the design and/or development services which are the subject of this Agreement, as detailed in the Services. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Spacemind Studio site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Spacemind Studio Site” refers to the Site located at the URL https://spacemindstudio.com or any other successor Sites owned or maintained by Spacemind Studio.
The following terms and conditions apply to all website development / design, graphic design, brand design services provided by Spacemind Studio to the Client.
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts an invoice then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of Spacemind Studio’s Services implies that the Client have read and accepted the terms and conditions.
Service Process
All project designs will be created iteratively through a design process of:
- Brainstorming and collecting briefs from the Client
- Creating designs and visuals based on brief
- Collecting feedback from the Client and producing revisions
- Developing, creating final design
- Launch and support
Spacemind Studio will provide the Client with an opportunity to review the appearance and content of the website, graphic design or brand design during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Spacemind Studio otherwise within ten (10) days of the date the materials are made available to the Client.
Rights and Duties
By using Spacemind Studio’s Services, the Client acknowledges that Spacemind Studio has the right to refuse to design any graphics, websites, products, web applications, and provide services for any illegal uses. The Project will be started after receiving all necessary materials. The Client agrees to provide us accurate, complete, and updated information during development of the project.
Spacemind Studio and the Client must work together to complete the project in a timely manner. If the Client does not supply us with required materials such as complete text and graphic content (for the Project) within 14 days of the date this agreement was signed, the agreement will be terminated and the deposit not refunded. If the Client decides to cancel the project, it should be immediately notify us in written form. For the work that has been completed beyond the amount covered by payment(s) made at the time of cancellation and/or termination of the agreement, the client is still obliged to pay.
Spacemind Studio will develop and create the Client’s Project by the date specified in the project proposal, or at date agreed with Client upon Spacemind Studio receiving initial payment, unless a delay is specifically requested by the Client and agreed by Spacemind Studio.
In return, the Client agrees to delegate a single individual as a primary contact to aid Spacemind Studio with progressing the commission in a satisfactory and expedient manner.
During the project, Spacemind Studio will require the Client to provide briefs, website contents, text, images, movies and sound files.
Charges & Payment
Charges for services to be provided by Spacemind Studio are defined in the project quotation or invoice that the Client receives via e-mail or WhatsApp. Quotations are valid for a period of 30 days. Spacemind Studio reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design, graphic design and brand design services require a non-refundable advance payment of a minimum of fifty (50) percent of the project invoice total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project invoice total due within 60 days of the invoice issue date or 3 days upon completion of the work, prior to upload to the server or release of materials (launch date), whichever earlier date.
Payment for services is due by bank transfer or Stripe payment. Bank details will be made available on invoices. Stripe payment link will be given upon request. Client will be subjected to Stripe’s terms and conditions.
If the final payment is not made by the set payment due date, a late payment charge with be levied at 1.5% of unpaid balances, subject to a minimum of RM10 per month, up to a maximum of RM100 per month. Spacemind Studio reserves the right to remove any materials of the Project from viewing on the Internet until final payment is made. Spacemind Studio is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Spacemind Studio reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Spacemind Studio in enforcing these Terms and Conditions.
Additional Expenses
Client agrees to reimburse Spacemind Studio for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Ownership
Designs remain our property until all outstanding accounts are paid in full. Original website content and designs specifically requested by the Client and designed under work for hire shall be the intellectual property of the client once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. We retain the right to display graphics and other web design elements as examples of Spacemind Studio’s work.
Web Browsers
Spacemind Studio makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Spacemind Studio cannot guarantee correct functionality with all browser software across different operating systems.
Spacemind Studio cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Spacemind Studio reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Design Credit
A link to Spacemind will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Spacemind Studio’s portfolio.
Access Requirements
For Projects which the website may be installed on the client’s account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer (hereinafter refer to as “Hosting Service”), the client agree to authorize us to access this account and authorizes the Hosting Service to provide us with “full access” to the client’s account and any other programs needed for this web design, website redesign, and/or SEO project that are included as part of the client’s service agreement/level.
Website Maintenance
If the web site maintenance is included in the project, it means minor website maintenance such as updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, new functions, navigation structure changes, etc. Major page amendment and/or database structural changes will be charged at current hourly rates based on the job volumes.
Post-Placement Alterations
Spacemind Studio cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Copyright and Trademarks
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Spacemind Studio the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Spacemind Studio permission and rights for use of the same and agrees to indemnify and hold harmless Spacemind Studio from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for the Project and/or placement shall be regarded as a guarantee by the Client to Spacemind that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Indemnities and Limitation of Liability
- Nothing in this Agreement shall exclude or restrict the liability of either Party to the other Party for death or personal injury resulting from negligence or for liability for fraudulent misrepresentation or for any other liability which cannot be excluded by applicable law.
- The Client shall indemnify and keep Spacemind Studio fully indemnified against any and all third party claims of infringement of intellectual property rights affecting the Client Content or the Hosting Services.
- Subject to clause 1 and 2 above, neither Party shall be liable, whether in contract, tort (including negligence), statutory duty or otherwise, under or in connection with this Agreement for any loss of revenue, loss of actual or anticipated profits, loss of business, loss of operating time or loss of use, loss of opportunity, loss of reputation, loss of, damage to or corruption of data or any indirect or consequential loss or damage howsoever caused.
Notwithstanding clause 3 above, Spacemind Studio shall have no liability for any loss or damage caused to the Client due to:
any network failure and/or inability on the part of the Client to access the Website due to a problem with the Internet and/or any telecommunications network;
any viruses, worms, Trojan horses or other similar devices.
- From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Spacemind Studio and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
Contact Information
Legal Name: Spacemind Studio
Name of Business: Spacemind Studio
Company Registration: TR0275803-W
Place of Registration: Malaysia
Email: info@spacemindstudio.com
Contact No.: +60129080987