By placing an order from eWallz, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
The Client: The ‘Clients’ , ‘company’ or ‘individual’ requesting the services from eWallz Solutions.
eWallz Solutions: Owned & Managed by EWALLZ GLOBAL VENTURES, a registered business under Company Commission of Malaysia (SSM) with business reg. no SA0420159-V. Referred as ‘We’ and ‘eWallz Solutions’ throughout the document.
General
eWallz Solutions will carry out work only where an agreement or order is provided either by email, telephone, mail or fax. eWallz Solutions will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between eWallz Solutions and the client, this includes telephone and email agreements.
Website Design
eWallz Solutions sometimes works with a partner company for website design projects. Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, eWallz Solutions cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of eWallz Solutions.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by eWallz Solutions remain the copyright of eWallz Solutions and may only be commercially reproduced or resold with the permission of eWallz Solutions.
eWallz Solutions cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of eWallz Solutions and where no charge is made by eWallz Solutions for such additions, eWallz Solutions accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
- The client agrees to make available as soon as is reasonably possible to eWallz Solutions all materials required to complete the site to the agreed standard and within the set deadline.
- eWallz Solutions will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- eWallz Solutions will not be liable or become involved in any disputes between the the client and their clients and cannot be held responsible for any wrongdoing on the part of the client.
- eWallz Solutions will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents/designers.
- eWallz Solutions will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
- A sum of non-refundable advance payment is required before any design work is carried out otherwise stated separately in quotation sent to client.
There are no exceptions to this, i.e If the client decides they no longer want the site or did not want to continue the project, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
We may, at our discretion, include a small footer credit on the sites that we code containing a link to our site. You may not remove that credit line without written permission from us, as long as you are using our code on your site. If you would prefer not to include that credit, please notify us in writing (email is fine) so that we can discuss the cost for removal.
Contents of Websites
Material and information has to be provided timely basis on the progress of the web site development. As our client, you agree to provide us with everything that we might need to complete the project which includes text, images and other information as we need them, and in the format that we ask for. 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.
Failure to provide required website content:
On any occasion where progress cannot be made with your website because of lack of material and information provided within the required time frame, and subsequently fail to comply within three months (3 months) of project commencement, we reserve the right to close the project and any cost incurred during this period will be forfeited.
You are responsible for the contents of your website and the consequences thereof. eWallz Solutions offers website design as a service but takes no responsibility whatsoever for any content supplied by clients to be published on their websites. Although we make every effort to ensure proper spelling and grammar, this alone is not sufficient. Just as with any other publishing business, the production of a professional website requires detailed proofreading by the website owner. When you provide material to us for use on your website, it is your responsibility to ensure that all information are correct, free from copyright infringement, and relevant. It is also the responsibility of the client to ensure that the current information on their website is correct, and that eWallz Solutions is notified of any changes that has to be made. eWallz Solutions will not be held liable for any damages or issues that may arise due to incorrect information on any client’s website.
Database, Web Application & E-Commerce Development
eWallz Solutions cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software written by eWallz Solutions remain the copyright of eWallz Solutions and may only be commercially reproduced or resold with the permission of eWallz Solutions (unless specifically agreed).
All applications or sites will be developed on servers recommended by eWallz Solutions (unless specifically agreed). Where applications or sites are developed on client’s own server, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server requirements from their server provider in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by eWallz Solutions before being made generally available for use (live). Where “bugs”, errors or other issues are found after the site is live, eWallz Solutions will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Software Updates:
Some web application & project delivered to clients will require software updates from time to time. By default, eWallz Solutions does not provide any software updates services when the project has been delivered, unless is is specifically mentioned during the initial offer. Clients are advised to opt for our maintenance service in order to keep the software updated.
Payment Terms
Payment terms are usually 50% of the design fee before work commences otherwise stated in the invoice, then the reminder upon completion prior to the site going live on your domain. Different payment terms may apply to special offers. All payments are non-refundable accept certain cases that has been agreed by both parties. If the website design is cancelled by the client before completion (go live), then the deposit together with any other payment are forfeited and any balance due must be paid immediately.
The client acknowledges that, you are not entitled to withhold any payment due to eWallz Solutions for any reasons whatsoever. Once a website has been designed and completed, the final balance of payment is then due in accordance with eWallz Solutions payment terms. There are no exceptions to this. If a client decides they no longer want the site once they have commissioned the work, they are still obliged to pay for all work that has been done. Nonpayment will result in legal action being taken if necessary.
All payment shall be made to “EWALLZ GLOBAL VENTURES”.
Receiving Bank: CIMB BANK
Beneficiary Account Number: 8008-8341-71
Official Paypal Email: askewallz@gmail.com (For Oversea Payment)
We may accept Card Payment via Stripe or other available payment gateways.
If accounts are not settled or eWallz Solutions have not been contacted regarding the delay, access to the related website may be denied and web pages removed.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Refund Policy
Global policy has been used worldwide within the creative design industry whereby no-refund policy is implemented to protect the service providers as upon project confirmation, resources such as manhours, software purchase, license purchase, and other internal/external expenditures had already been proceeded to expedite the project timeline. Here at eWallz Solutions, we enforced the same policy with a few exceptions under certain conditions of cancellation request as below:
- 90% refund only applicable within 24 hours after payment being made for any reason. Applicable for partial payment type only. Remaining amount with be used for processing & administration fees.
- No-refund on any advanced payment or deposit for request made after 24 hours of payment time.
- 10% refund only applicable after full payment has been made, but project has not gone live yet. At this stage, 90% of the project had been completed & functional. Only pending for final tuning, migration & live setup works.
- No-refund for completed & live project after full payment. As this will covered by our warranty & free maintenance policy stated for each project.
- Full refund for payment of unspent static resources (such as web hosting, domain, etc). Cancellation request must be made within 24 hours. Subject to resource status & admin fees.
- All refund request must be made in writing to hello@ewallzsolutions.com and we will process any transaction within 14 working days.
Website Hosting
We offer limited hosting services by buying server space from a selection of reliable Hosting Services. They have great customer and technical support and service guarantee for an annual average of 99% network availability for their infrastructure.
Should you require any additional information, please contact us to get more information on Hosting Providers that we worked with.
Data Transfer Limits
Our monthly data transfer limit is ranged between 5GB to Unlimited data per Month depends on the package chosen, if data transfer exceeds this limit, connection to the site will be throttled or suspended and client is advised to upgrade.
Whilst eWallz Solutions recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by eWallz Solutions cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Hosting Policy & Domain Billing Procedures
All accounts are set up on a pre-pay basis. We accept payments via Paypal & Local Bank Transfer (preferred). All quoted price is guaranteed for the term of payment where indicated in the offers. eWallz Solutions reserves the right to change prices at any time.
- Payment is due each anniversary period following the date the account was established.
- If 5 days have passed and payment has not been made, the account will be suspended until further notice.
- Penalty Fees ranged from RM20 ~ RM100 may be applied for late payment made past invoice due date.
- The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies eWallz Solutions to request termination of services.
Passing of Rights
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.
No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 1 month from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and 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.
Project Timelines
A basic website can takes between 2 – 4 weeks to be up and running, while a comprehensive website may take between 6 – 12 weeks. Time taken for design approval and content received from clients are beyond our control. As such, the timeline for the completion of the project might become longer. In each case, we will keep you informed from the outset and will always work towards launching the website within the agreed deadline.
Project Handover & Client Responsibility
Once full access to the site is given to client, it is client responsibility to keep the credentials safe. Also it is advisable for client to maintain & do site backup where applicable. We only keep 1 fresh copy of the website before going live. However, if the site were already become malfunction while backup is being done, even the backup file can’t be any of use.
eWallz will treat each website/app as a standalone or one-off project. Once the Hand-Over process is complete, eWallz and it’s employees will not be held responsible for any loss or damage to the website.
Alternatively, client can opt for monthly backup services from eWallz to prevent any unwanted data loss.
Warranty
Standard site warranty is provided for all projects for a fixed period of 1 month after administration access to the site has been passed to the client. Any site malfunctions and errors arise during this period will be taken care of without any additional fee. Warranty void if:
- Full or part of the site files were found missing or deleted without any known reason.
- Part of the files has been modified by client or any third party appointed by the client.
- Full access to the site were found to be given to other third party person.
- Any third party scripts or plugins has been set up and installed by the client.
- Major abuse or misuse of the system by client such as installing third party plugins that cause vulnerability, newsletter spam, etc.
If the client subscribed to any of eWallz Solutions monthly/quarterly/yearly site update & maintenance services, full warranty will be automatically covered as long as the service remains active.
In the event of data loss within the warranty period, eWallz Solutions will recover the full website with a fresh copy of the system generated at day one for no additional cost. A service charge applies for any recovery of fresh copy after the warranty period.
Digital Millennium Act
eWallz Solutions shall assume that the copyright of all the images you provide either belong to you or are royalty free. The company shall assume no liability in the event of intellectual property rights infringement including, but not limited to images and content. You also own text content, photographs and other data you provided, unless someone else owns them. We own the HTML markup, CSS and other code and we license it to you for use on only this project. eWallz Solutions reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
Where applicable, we only source any 3rd party scripts, themes & files from list of legit & genuine software marketplaces or directly from the software developer’s site such as Envato Marketplace. This will include original license embedded into the projects or client may request to us for the license/source details.
Complaints Procedure
Informal Procedure
Anyone who experiences a problem with their web service provided by eWallz Solutions should raise the matter directly using our online contact form or any phone communication methods to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
eWallz Solutions will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal Complaints Procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to eWallz Solutions, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. Complaint should be addressed via email to hello@ewallzsolutions.com.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Legal
Any legal issues arise related to the project which is still ongoing or reside under our maintenance plan, we will provide full corporation to the legal personnel & authorities. For other completed projects past warranty coverage, if client requires any legal matters must be notified & discussed in detail with our management personnel prior to any legal action addressed in written to hello@ewallzsolutions.com with important information such as nature of issues, project name, person in charge and eWallz’s role/scope in the case.
All client’s request for us to be part of any legal issue/case will be subjected to our own discretion. We may or may not accept any legal request for project that had already passed warranty coverage or outside of our maintenance plan. In the event that we accept the request, eWallz may impose a fee to participate in the case.
Modification of Terms
eWallz Solutions reserves the right to modify this terms at any time and without prior notice, effective upon making the modified provisions available on the eWallz Solutions website. You are responsible for regularly reviewing the information contained within our Terms of Services page. eWallz Solutions does not and will not assume any obligation to notify you of any changes to the Terms of Services.
Thank you for using our services!
Last updated: November 2020
