Terms of Service
O2O DIGITAL (KL) Sdn Bhd ("O2O") located at Unit B-01-3A, 3 Two Square, No.2, Jalan 19/1, 46300 Petaling Jaya, Selangor Darul Ehsan, Malaysia provides web development, web hosting, digital marketing, creative design services and ecommerce solutions to its customers.
O2O provides is ecommerce solutions under the product name O2O Ecommerce which is a Software as a Service.
By signing up for any O2O Services, you acknowledge that you have read and understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto ("Terms of Service"). IF BY ANY MEANS THAT YOU DO NOT AGREE TO ANY OF THE TERMS, PLEASE KINDLY DO NOT SIGNUP OR PLEASE CONSULT OUR SALES CONSULTANTS.
Web Development Policy
O2O Digital reserves the right not to accept projects that promote racism, pornography, or anything that is of objectionable contents.
Websites/softwares/apps/systems created by O2O Digital should have the statement like "Web design by O2O Digital" (and possibly include a small O2O Digital logo) placed at the bottom of the pages. This is to ensure O2O Digital is able to provide discounts on development to the client. If client is to remove this, a fee will be applicable to offset discounts given.
O2O Digital reserves the right to include in our portfolio any projects created or developed by us, unless specially request to remove by the client.
Limitation of Liability
O2O Digital will not be liable for indirect, special or consequential damages, or any loss of revenue or profits, arising in connection with the projects that we developed.
O2O Digital reserves the right to delay or stop any project development for any reason without liability. O2O Digital will notify the client immediately of any changes of project development status, and make appropriate arrangements. If a stoppage in development is caused by O2O Digital, the client will be refunded the deposit minus any billable hours.
All data transferred/generated/used/transacted/provided by the website/software/e-commerce/system/application that is developed by O2O Digital has a weekly backup for restoration purposes. These backups are used solely by O2O Digital. By no means that O2O Digital will be held responsible for any data lost/tampering/changed. The client should be responsible for their own data backup and integrity.
Project Contents
All digital and non-digital materials supplied by the client to O2O Digital for project development must be, either owned by the client or given copyright permission for publication. O2O Digital is not responsible for copyright infringements found on these materials.
Pause in Project Development
A request to pause project development must be made in writing to O2O Digital and include the signature of the authoritative client. The delay will not exceed a period of 30 days. Unless other arrangements are made between both parties, O2O Digital will assume any delay requested by the client that exceeds the 30-day period a cancellation, and hence will charge for the number of hours accumulated in project development before the request to pause is made.
In an even a project is paused for more than 30 days, and activation fee of minimum RM500 may apply. This is to prevent project delay and technology out dates.
Amendment in Project Development
When client request to add or amend or redo design / layout / component which has been agreed/ confirmed by client before, O2O Digital will charge for the number of hours accumulated. A maximum change of three(3) times is allowed for any design or programming change. A fee will be quoted for the subsequent changes occurs and will only apply when client agrees with the charges from the quotation. Unless the amendment is due to O2O Digital’s mistake, then the charge will be waived.
Completion Date
O2O Digital and the client must work together to complete the web development project in a timely manner. We agree to work expeditiously to complete the web development project no later than 60 working days after the client has submitted all necessary materials.
If the client does not supply O2O Digital with complete text and graphic content for this web development project within 60 working days of the date this agreement was signed, the entire amount of the agreement becomes due and payable.
If the client still has not submitted all the required contents within 80 working days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web development project is published or the client cancels the web development project in writing.
Project Delivery
The web site development project delivery shall be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing, electronic transfer, or physical media.
Web Hosting Services
O2O Digital provides its customer on these types of Hosting Services:
1) Software as a Service
2) Shared Web Hosting Environment
3) Dedicated server and Cloud hosting
4) Clustered cloud hosting
The client web hosting package in terms of diskspace, bandwidth, cpu utilisation and ram utilisation depends on the quotation given by O2O Digital.
Unless otherwise stated, a maximum of 30 concurrent users/visitors will be allowed to access the site at the same time. In the event if the client wish to increase this limit, the client has to inform O2O Digital at least 2 weeks in advanced.
Only “Shared Web Hosting” are given access to the web hosting control panel if available. Unless otherwise stated, all root access and hosting controls are off limits.
System Resource Usage
If O2O’s system administration team determines that a customer's account is utilizing an unacceptable amount of system resources, O2O may temporarily deactivate the account in question. If O2O’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.
O2O will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
Server Abuse
Any attempts to undermine or cause harm to a O2O’s server or customer of O2O is strictly prohibited.
O2O will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. O2O will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.
The client is bound by the terms and conditions of the provider and O2O Digital are only acting as the client’s agent. O2O Digital at no time will be held responsible or liable for any financial loss or damage to the client or associated third party business, if the third party provider of the unmetered connection offered by the O2O Digital has service failures, which results in client’s e-mail account to be unusable or the client’s site being non viewable.
If the project is not web hosted by O2O’s server, any upgrades to the server software or operating system it may affect the web site. To comply with the upgrades or to fix, this will be billed separately.
Unsolicited Email (SPAM)
SPAMing, or the sending of unsolicited email, from a O2O server or using a return email address that is maintained on a O2O server is STRICTLY prohibited. Using SPAM to advertise a site hosted on O2O's network also constitutes as a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.
To help us stop SPAM, please email our abuse department immediately to report a violation of our SPAM policies.
Source codes and Intellectual Property
O2O Digital’s products such as O2O Connect, O2O Ecommerce and O2O Marketing are proprietary softwares owned and trade marked by O2O Digital.
All source codes built by O2O Digital to its client together with its Intellectual Properties are owned by the client and O2O Digital, unless customisations or source codes used to build on O2O Digital’s proprietary products. Source codes and materials can only be released after full payments are made based on the quotation/invoices issued by O2O Digital.
Web Development Project Copyright
Original web site content 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.
Major Web Browser Support
The website development project is developed and tested on Google Chrome 60. We will ensure that the website developed is supported on the following major browser (version): Mozilla Firefox 30.0, Internet Explorer 11.0+, Google Chrome 34+.
Website may be displayed differently in mobile devices (smart phones, tablets and other devices). O2O will deliver device responsive browser support which covers most of the major devices. Our standard guarantee on device responsive display is based on resolution of :
Desktop responsive – 1280px x 900px and above
Tablet responsive – 768px x 1024px and 1024px x 768px
Mobile responsive – 320px x 640px and 640px x 320px
*Note that responsive design is not the same as mobile version.
*Mobile version of the website is developed on different coding resources and required to be quote separately.
Client and Third Party Modifications
O2O Digital is not responsible for any changes made to the site by any other party, or an authorized agent. If the client or any agent other than O2O Digital attempts to update / modify the client's website, time to repair website will be assessed at the hourly rate of RM300, and is not included as part of the updating time.
Payment of Fees
In order for O2O Digital to keep its rates low, payments must be made promptly. 100% payment needs to be made before a project is started unless agreed otherwise. Bills will be deemed delinquent and assessed a RM50 charge if payment is not received within 14 days after the due date. If an amount remains delinquent 14 days after its due date, an additional 10% penalty will be added for each month of delinquency. O2O Digital reserves the right to remove web pages from viewing on the internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred by that process. It is upon the approval of the management to waive any fees.
Refund Policy
The client may halt work and request for a refund within 7 days upon paying the first invoice issued by mailing a certified letter to the Director of O2O Digital. If at any time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of RM300, which could result in higher fees then the quote prices given.
Training
Training is provided one time free of charge after the site is live. Training can be either in O2O office or the client’s premise. Duration of training will be 1 to 4 hours and not more than half a day. There is no limit in number of attendees in the training. Subsequent training will be charged separately at RM400 for half day for areas within Klang Valley. Any training location beyond Klang Valley would be charged separately.
Support
O2O has a support ticketing system in place. That is the quickest and best way to submit a support ticket. Phone support is available but not recommended because all our support personal usually response to the ticket system first.
For emergencies, kindly contact your dedicated sales person from O2O. Support does not include any maintenance, creative, content writing or programming in anyway and is purely on troubleshooting problems only.
Warranty
All projects are to pass the User Acceptance Test from our development server before going live on the live server. Warranty period starts when the project is up on the live server. O2O standard warranty period is 30 days unless otherwise stated.
O2O Digital provides its products and services on an “as is” basis and, to the widest extent permitted by law, expressly disclaims any and all implied or statutory warranties, including the warranties of reasonable care and skill, merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. Without limiting the foregoing O2O Digital gives no warranty:
1) O2O Digital’s products and services and its other software or services will be error-free or uninterrupted;
2) Regarding uptime, use, data security, accuracy and reliability of O2O Services;
3) That our security procedures will prevent the loss of, alteration of, or improper access to your
information;
4) In relation to any third party offerings or products available via O2O Products;
5) In relation to the availability of external sites or resources (normally provided in O2O Services),
or for any of its content, advertising, products or other materials.
6) O2O Digital provides domain name registration and renewal services only as a value added service to an active O2O user. It is your responsibility to ensure that your domain(s) are renewed on time. O2O does not guarantee successful renewal of domain(s) once the domain goes into the domain redemption period.
Maintenance
Unless a maintenance contract is signed by the client, there will be no maintenance after the warranty period and project live date. If the website is hosted on O2O servers, any upgrades to the server that affects the website, O2O will be held responsible for any fix. Client may sign a maintenance contract or request adhoc maintenance quotation from O2O.
If a maintenance package is signed, here are the scope of work:
1) Trouble shooting and support of website / system 2) Updating of website / system
3) 1 man day = 6 man hours
4) Weekly Back up
5) Web traffic analytics
6) Software updates, server updates and CMS updates
7) Remote support : email , telephone call, remote desktop
Not in scope and will be billed separately :
1) Creative/design work
2) Coding/programming work
3) Copy writing
4) Onsite support