Terms and Conditions For Use Of Hoelee’s Services

Terms and Conditions

What You Need to Know

Terms and Conditions

Welcome to Hoelee Enterprise, a digital agency that provides website design, website development, and digital marketing solutions. These terms and conditions govern the relationship between you (the client) and us (Hoelee Enterprise) when you place an order with us or use our services. By placing an order with us, you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not place an order with us or use our services.

Services

We offer a range of services, including but not limited to:

• Web design: We create custom and responsive websites that suit your needs and preferences.

• Web development: We develop functional and secure websites using various technologies and platforms.

• Digital marketing: We help you promote your brand and reach your target audience using various online channels and strategies.

You can find more details about our services on our website or contact us for a quote.

Payment

We require full payment upfront before we start your project. If your design or development project is above RM15,000, we require 60% of the total payable fee before we start our work, and collect the remaining 40% upon completion of our work. The 60% deposit is not refundable if you are not satisfied or decide to cancel the project halfway. The remaining 40% is due within 14 days of completion of our work. If you fail to pay the balance within this period, we reserve the right to suspend or terminate your project and charge interest at the rate of 10% per annum. The payment term is fixed unless both parties agreed and specified in our provided invoice.

We accept payment by bank transfer, credit card, or PayPal. All prices are in Malaysian Ringgit (MYR) and include applicable taxes and fees. You are responsible for any currency conversion or transaction fees that may apply to your payment.

We may charge extra fees for any additional features or services that are not included in the original quote. We will inform you of the extra fees before we proceed with the additional work. You must pay the extra fees before we deliver the additional work.

If you want to use your own or existing hosting, we require 100% upfront payment regardless of the total cost of your project.

Installment Payment

Before you pay, contact us to talk about the installment option. You have the choice of 3 or 6 months. You can find the Installment Payment Terms Agreement Contract from the button below. We offer a digital sign option, or you can print out a hard copy and sign it. After signing, ship it to us.

Changes and Alterations

We will work with you to ensure that you are satisfied with the design and functionality of your website. However, we reserve the right to limit the number and scope of changes and alterations that you can request. We consider changes and alterations to be reasonable if they are within the original specifications and expectations of the project. We may reject or charge extra fees for any changes and alterations that are unreasonable, excessive, or outside the original specifications and expectations of the project.

Once we have completed the design work, you must pay the remaining 40% balance before you can request any changes or alterations, unless there is a design mismatch or mistake on our part. We allow one round of changes or alterations per section or content. Any additional changes or alterations are chargeable at an extra cost.

You must request any changes or alterations within 2 weeks of completion of our work. We reserve the right to reject any change or alteration requests after this period.

Once you have confirmed the design template, mock-up, or layout, there will be no more changes or alterations once we have started the development work.

Scope of Work

The scope of work for each project is determined by the service or plan that you sign up for and the quote that we provide. Our scope of work covers the areas of web design, web development, and digital marketing. We do not provide any services or actions that are outside of these areas, such as creating an email, setting up email clients, website backup, and so on.

Anything we do for you that is not mentioned in our quote is considered as a bonus and not compulsory. We may charge extra fees for any extra customizations or services that you request.

We do not provide a proofreading service. We will copy the exact writing that you provide to us and place it on the website. If you require any proofreading service, you must mention it before you sign up, and we will charge an extra fee for it.

For dynamic content such as product, post or others, our responsible only help you insert up to 10 items to showcases items in your product page or photo gallery. If you have more than 10, you can either upload them on your own or pay us extra to upload the rest. The extra fee will be quoted upon discussion.

For the internationalization feature, we will start translating the language after you finalize your primary language content. This will prevent repeated translations due to changes in the primary language content. After the translation is done, you will be responsible for keeping it up to date.

Support and Warranty

We provide one month of free support on using the Content Management System (CMS) that we offer to you. The CMS allows you to manage and update your website content easily and securely.

We do not provide support on hosting or email, unless you subscribe to our full managed services. Such services will be handled by our hosting partner.

Our support excludes the following areas: server down, website loading slow, email not functioning, website cannot be accessed, website not ranking in search engine, etc. All customizations, new content design, new content layout and template, design or content management on new pages, HTML and CSS styling are also not covered by our support. If you choose not to engage with our service and edit the content on your own, you are assumed to have the proper HTML and CSS knowledge to do so. CMS support means that we will fix existing features that malfunction and not any user-generated error or fault caused by users. If you or a third party modify any feature of the website without our confirmation, the free support will be voided.

We only offer support from Monday to Friday, 10AM-6PM GMT+8. All support issues should be communicated directly with your project manager and stick to the same communication channel and person if possible, to avoid any miscommunication. We provide support through WhatsApp, Phone Call, Telegram, Facebook Messenger, and email only.

If extra training is required due to staff changes, staff resignations, etc., we will only provide training at an additional cost.

The support and service warranty is a one-time, one-owner license, which means we will only provide support to the owner (which is you). If you sell, transfer, or change the ownership or hosting provider of your website to a new party, the support from us will cease and the warranty will be void immediately. Your new website owner will be bound by the extra cost to get assistance from us again.

Respect is mutual, and support will be provided as long as you renew your subscription with us and pay respect to our work and employees. We reserve the right to stop any form of communication or support if you use rude words in our communications, spam calls, SMS, or emails, make excessive demands, or conduct any disrespectful actions or conversations with any of our employees. Your subscription to our service will then be terminated, and we will not be obliged to serve you or your website.

Browser Compatibility

As designing websites to work for all browsers and versions will be a tedious work and require much extra time, we only warrant that the website that we design for you will work in the latest version of Google Chrome or Mozilla Firefox only.

Internet Explorer, Safari, and any other browsers compatibility are not guaranteed as they tend not to work well with most codes.

When we mention “Mobile Friendly”, “Mobile View Ready”, or “Responsive Design”, we do not guarantee that the website will display and be compatible with all mobile browsers as there are simply too many different types of mobile phones and mobile web browsers. Different mobile browsers may react differently in displaying font, layout, pictures, effects, or functions upon clicks. We will not be able to support every single phone out there.

Mobile View Ready does not guarantee that the mobile site will have the full functionality of the desktop site. We will not do any new design or feature changes on the mobile version of your website for all responsive and non-responsive design projects.

Subcontracting and Outsourcing

We reserve the right to subcontract or outsource any services as we see fit.

E-Commerce

If you use our e-commerce solution, you are responsible for complying with all relevant laws, rules and regulations relating to e-commerce. All payments, customer information, products and services should be your full responsibility once we have transferred the website ownership to you (once we have given you the login to your Admin Panel). Any problems and frauds regarding payments should be dealt between you and the specific payment gateway providers. We do not provide our e-commerce service to businesses that engage in illegal products, drugs, gambling or obscene materials. We do not take any responsibility if you engage in these activities in the future. To know more about our e-commerce service, kindly refer to our FAQ page.

Termination and Cancellation

You may terminate or cancel your project at any time by giving us written notice. However, you will not be entitled to any refund of the fees that you have paid to us. You will also be liable for any additional costs that we have incurred or committed to your project before we receive your notice of termination or cancellation.

We may terminate or cancel your project at any time by giving you written notice if:

• You breach any of these terms and conditions and fail to remedy the breach within 14 days of receiving our notice of breach.

• You fail to pay any fees or charges that are due to us within the specified period.

• You become insolvent, bankrupt, or subject to any form of liquidation or administration.

• You engage in any illegal, fraudulent, or unethical activities that may harm our reputation or business.

Upon termination or cancellation of your project, we will cease all work and deliver to you any completed or partially completed work that we have done for you. You will not have any right to use any work that we have not delivered to you or that you have not paid for in full. We will also delete any data or information that you have provided to us or that we have collected from you in relation to your project.

Refund Policy

We do not provide any kind of refund once you have made payment to us. A refund request will not be entertained for the following reasons, including but not limited to change of mind, financial issue, personal issue, regret, wrong purchase, unsatisfactory of service without solid reason (as mentioned below). Under some circumstances, we will provide a refund. We will provide a refund when we fail to initiate the project or fail to deliver the project as per sign-up request. If we fail to commit the project with unique features that were added in after the initial discussion and quote, it is not considered as a “fail to deliver”. For Facebook Marketing service, if you are running prohibited, restricted, misleading, or any ads that are against Facebook ads policy and your account gets flagged or disabled under any circumstances, we will only refund you the Ads Spend balance and not any amount from the management fee that you have paid. For contracted service like Facebook marketing and Google AdWords management service, if you would like to terminate or end the contract before the end date, we will not refund any management fee under any circumstances. We will only refund the prepaid Ads Spending budget (if you paid it to us).

Intellectual Property Rights

You retain the ownership and license of the content that you provide to us for the purpose of your project, such as logos, images, text, and other materials. You grant us a non-exclusive, royalty-free, worldwide, and revocable license to use, copy, modify, and display your content for the purpose of delivering our services to you.

We retain the ownership and license of the content that we create for you as part of our services, such as designs, layouts, templates, codes, graphics, and other materials. We grant you a non-exclusive, royalty-free, worldwide, and revocable license to use, copy, modify, and display our content for the purpose of operating and maintaining your website.

You acknowledge and agree that we may use third-party materials, such as software, plugins, fonts, icons, and images, in the course of our services. These third-party materials are subject to their own terms and conditions and licenses, which you must comply with. We do not grant you any rights or licenses to these third-party materials, and we are not liable for any issues or claims arising from your use of them.

You must not use any of our content or third-party materials for any purpose other than your website, unless you obtain our prior written consent or the consent of the respective owners. You must not claim or imply that you own or have created any of our content or third-party materials, or that you are affiliated or endorsed by us or the respective owners.

You are solely responsible for ensuring that your content and use of our content and third-party materials do not infringe or violate any intellectual property rights or other rights of any third party. You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from your breach of this clause.

If you receive any notice or claim that your content or use of our content or third-party materials infringes or violates any intellectual property rights or other rights of any third party, you must notify us immediately and cooperate with us to resolve the issue. We may, at our discretion, take any action that we deem necessary or appropriate, such as removing, modifying, or replacing the infringing or violating content or material, or suspending or terminating your project or website.

Liability and Disclaimer

We will use our best efforts and skills to deliver our services to you in a professional and timely manner. However, we do not guarantee that our services will meet your expectations, requirements, or objectives, or that they will be error-free, uninterrupted, or secure. We do not make any warranties or representations, express or implied, regarding our services, except as expressly stated in these terms and conditions.

To the fullest extent permitted by law, we exclude all liability for any damages, losses, or claims arising from or relating to our services, whether direct, indirect, incidental, consequential, special, or exemplary, and whether based on contract, tort, statute, or any other legal theory. Our total liability to you for any damages, losses, or claims arising from or relating to our services will not exceed the amount of fees that you have paid to us for the specific service that gave rise to the liability.

You agree to indemnify and hold us harmless from any damages, losses, or claims arising from or relating to your breach of these terms and conditions, your violation of any laws, rules, or regulations, or your infringement or violation of any rights of any third party.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages or claims, so some or all of the exclusions and limitations in this clause may not apply to you.

Governing Law and Dispute Resolution

These terms and conditions are governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of Malaysia for any legal action or proceeding arising from or relating to these terms and conditions.

If you have any dispute, complaint, or claim arising from or relating to our services or these terms and conditions, you agree to contact us first and attempt to resolve the issue amicably and in good faith. If we are unable to resolve the issue within 30 days of receiving your notice, either party may refer the dispute, complaint, or claim to mediation by a neutral and independent mediator appointed by mutual agreement. If the parties fail to agree on a mediator within 14 days of the referral, either party may apply to the Malaysian Mediation Centre to appoint a mediator. The mediation will be conducted in Taiping, Perak, Malaysia, in English, and in accordance with the mediation rules of the Malaysian Mediation Centre. The costs of the mediation will be responsible by you, unless otherwise agreed. If the mediation fails to resolve the dispute, complaint, or claim within 60 days of the appointment of the mediator, either party may commence legal action or proceeding in the courts of Malaysia.

Updates and Changes

We may update or change these terms and conditions from time to time to reflect our current practices and policies, or to comply with any laws, rules, or regulations. We will not notify you of any updates or changes by posting them on our website, or by sending you an email, or by any other means that we deem appropriate. The updates or changes will take effect immediately upon posting or sending, unless otherwise stated. Your continued use of our services after the updates or changes take effect will constitute your acceptance of the updated or changed terms and conditions. If you do not agree with the updates or changes, you must stop using our services and notify us of your termination or cancellation of your project.

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