This Web Design Services Terms & Conditions Agreement ("Agreement") contains the complete set of terms that govern your subscription of any website design, website update, or website development services ("Services") that Lookafter IT Sdn Bhd ("Lookafter") provides.
When you accept a quotation for the Services, you will be deemed to have satisfied yourselves as to the terms of this Agreement and have accepted these terms in full.
Lookafter provides the Services to client with website hosted with Lookafter servers. We reserve the rights to deny providing any Services to client with website hosted with third party. Lookafter may provide website update services, including but not limited to content update, software update and logo change, with reasonable charges, to client with website hosted with Lookafter. However, Lookafter reserves the right to decline providing website update services if the website is designed or developed by a third party.
Charges for Services are defined in the quotation that you receive via email and/or in writing. Quotations are valid for a period of 7 days. Lookafter reserves the right to alter or decline to provide a quotation after expiry of the 7 days. Prices quoted are only an estimate, and may be subject to change during the process of design and development (for example, when you choose to amend any aspect of your requirements).
Any charges incurred by international payments or international bank transfers are not the responsibility of Lookafter. Such charges must be paid by the client, in addition to the amounts invoiced by Lookafter. Lookafter does not accept "shared charges" for international bank transfers or international payments.
Unless expressly agreed in writing with the client, full payment of the Services is required before work begins.
Payment for the Services is due by bank transfer. Bank details will be made available on invoices.
Unless expressly agreed in writing with the client, Lookafter will only commence work for the Services once full payment is made and all required materials are supplied. The timeline for completion of the Services may vary and can take from 5 to 14 days after commencement of work for the Services.
You must supply all materials and information required by Lookafter to complete the work in accordance with any agreed specification. Such materials may include without limitation photographs, written copy, movie clips, sound files and logo.
Lookafter asks that you provide all the required materials in advance. On any occasion where progress cannot be made with your website due to delay in providing the required materials, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
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. Photographs and other graphics should be provided in .jpeg, .png or .gif format with high resolution.
Lookafter reserves the right to refuse to handle any material that:
On completion of Web Design Services, you will be notified and have the opportunity to review the appearance and content of the website from a preview directory or from a demo site ("Preview Website"). Upon delivery of Preview Website, you must inform Lookafter of all revisions or amendments needed within 14 days. Only one (1) revision request is allowed. Any additional revision, or amendments or requests that are out of scope, are chargeable.
If there is no feedback within 14 days upon delivery of the Preview Website, the Preview Website will be deemed to have been approved. Once approved, the Preview Website will be published. Any revisions or amendments that are requested after the Preview Website has been published will be deemed as new website update requests, which are subject to additional charges.
No preview is available for Web Update Services including without limitation web content update, background image change and software update, as such services are performed directly on the live website.
Any additional work, amendment or revision you required on a previously completed Services will be considered as a separate and new Services and will incur charges on its own.
You agree to reimburse Lookafter for any additional expenses necessary for the completion of the Services. Such expenses may include but not limited to purchase of special fonts, stock photography and plugins.
You agree that any and all of the design rights, images, photos, icons, interfaces, scripts, cgi applications, software, programming source code, trademarks, trade names, copyright, patents and any other intellectual property rights created, developed or used in connection with the development of your website as detailed in this Agreement shall remain the sole property of Lookafter. Acceptance of these terms and conditions will constitute as acceptance to authorise you with a non-exclusive license to use these rights for the purpose of your business. You further agree that you will not do anything that may in any way infringe upon or undermine our rights, title or interest in the website or our Services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership. For clarification, content or material provided by you does not fall under this clause.
Where Lookafter provides images or text for use in a website on your behalf, the intellectual rights will remain with the owner of the image. These images are strictly for use on the website only. Lookafter is not liable for any misuse of images by you or any other person or persons.
You retain the copyright to data, files, images and logos you provided, and grants Lookafter the rights to publish and use such material. You must obtain permission and rights to use any information or files that are copyrighted by a third party. Lookafter will not be liable for any copyright infringements caused by materials that you supplied. Lookafter reserves the right to refuse any material of a copyrighted nature unless adequate evidence is given of permission to use such material.
Lookafter 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 (Google Chrome, Mozilla Firefox, Microsoft Edge, etc.). You agree that Lookafter does not guarantee correct functionality with all browser software across different operating systems.
Lookafter is not responsible for web pages that do not display acceptably in new versions of browsers released after the website have been published and/or handed over to you. As such, Lookafter 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.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any website data unless to the extent that the data loss arises out of a negligent act or omission by us.
If you opt for Lookafter Website Versions Backup service, we will perform backup for your website on a daily basis and store the latest 7 days backup versions. Website restore is subject to additional charges.
Websites that are built with Contact Management System (CMS) including without limitation WordPress and Joomla require ongoing maintenance and software/theme/plugins updates. These updates help keep the websites safe by patching vulnerabilities, fixing bugs or adding new functionality. If you have not opted for our maintenance service, you are fully responsible for performing these updates. Failure to do so may put your website at risk from cyber-attacks, hacking, viruses, malware and other harmful offences. If your website becomes compromised as a result of outdated software/theme/plugin, any work done by Lookafter to secure and restore the website will be chargeable in accordance to our current rate. If Lookafter, in our sole discretion, determines that there is a security breach ocurred to your website that may pose a risk to the entire server, Lookafter reserves the right to disable the website to protect the server. The website will remain disabled until all compromised scripts have been removed and all software, plugins and security patches have been updated.
Lookafter is not responsible for any issues (for example, loss of content or corruption of database) that are caused by your own actions when updating the website and its plugins or themes.
Certain software, theme or plugins require an annual subscription fee paid to a third party. Lookafter is not responsible for any fee or increment of fee imposed by a third party. If the fee is not paid, the plugin may stop working and may become outdated, which may put your website at risk from hacking for which we will not be responsible.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Lookafter from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce. Any problems and frauds relating to payments should be dealt between you and the specific payment gateway providers.
Lookafter is not responsible for the search engine results for your website. You shall provide us with the content of meta tags for SEO for all web pages for the creation of your website.
Lookafter does not accept responsibility for any alterations caused by a third party occurring to your website once published. Such alterations include, but are not limited to additions, modifications or deletions.
Lookafter reserves the right to terminate the Services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of the Services, or abuse of our designers and employees.
Termination of the Services must be requested in written notice via email to Lookafter, and will be effective on receipt of such notice. Termination requests that are made via telephone, Telegram and other communication means will not be honoured. If you have paid for the Services, no refunds will be issued for work that has been completed to the date of the first notice of cancellation or termination.
This Agreement shall be governed by the laws of Malaysia.
All Lookafter Services may be used for lawful purposes only. You agree to indemnify and hold Lookafter harmless from any claims resulting from your use of our Services that damages you or any other party.
Lookafter provides the Services thereof on an "as is" basis and makes no warranties with regard to the website and its contents, or fitness of Services offered for a particular purpose. Lookafter does not guarantee the functionality or operations of the website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete. Upon handover of the website or when the website is published, you shall assume entire responsibility in ensuring that all website files or software are functioning correctly before use.
Lookafter may, from time to time, recommend you about updates needed to your website to comply with, including but not limited to new legislation, software releases and web standards. Lookafter reserves the rights to quote for any updates as separate work. You agree that Lookafter is not liable for any failure to inform or implement these updates to your website.
Lookafter makes every effort to take security precautions on our clients' websites wherever possible. However, we do not guarantee the prevention of hacks, viruses or unexpected data deletion and shall not be held liable for any such damages as a result. You agree that you shall defend, indemnify, save and hold Lookafter harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
Lookafter hereby excludes itself, its employees and/or agents from all and any liability from:
The entire liability of Lookafter to its client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
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.
If you have any questions or concerns regarding this Agreement, please contact us through the following contact points: