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Terms & Conditions

These Terms & Conditions govern website design and development services provided by WHO ARE YOU ONLINE?.

By engaging WHO ARE YOU ONLINE? for a website project, the client agrees to these Terms & Conditions.

The client should read these terms before making payment.

1.Services

WHO ARE YOU ONLINE? provides website design and development services. The standard service is the creation of a professional website based on the client's agreed requirements.

The exact scope of each project depends on the quotation, the agreed requirements and any written communication between the client and WHO ARE YOU ONLINE?.

A standard website may include:

  • Website design
  • Responsive desktop and mobile layout
  • Agreed number of pages
  • Client-provided content
  • Contact information
  • WhatsApp links
  • Social media links
  • Maps where applicable
  • QR code linked to the website
  • Hosted preview
  • Reasonable revisions within agreed scope
  • Deployment
  • Source-code handover after final payment

Services outside the agreed scope may incur additional charges.

2.Quotations

Websites start from RM1,100. The starting price is not a guarantee that every project will cost RM1,100.

The final price depends on:

  • Number of pages
  • Design requirements
  • Functionality
  • Integrations
  • Languages
  • Content requirements
  • Custom development
  • Additional revisions
  • Other project-specific requirements

A final quotation will be provided before work outside the agreed scope begins.

WHO ARE YOU ONLINE? reserves the right to decline projects that are unsuitable, unlawful or outside its capabilities.

3.Payment

Unless otherwise agreed in writing, 50% of the agreed project fee is payable before work begins.

The remaining 50% is payable after the final hosted version has been reviewed and approved by the client, and before final source-code handover.

Work does not begin until the initial deposit has been received. The initial deposit reserves development time and covers commencement of the project.

4.48-hour initial draft

WHO ARE YOU ONLINE? aims to provide the initial hosted website draft within 48 hours after (1) the 50% deposit has been received; and (2) all required client content and information necessary to begin the project have been received.

The 48-hour period refers to the initial hosted draft, not necessarily final approval, final handover or completion of additional functionality.

The timeline may be extended where:

  • The client delays providing information
  • Content is incomplete
  • Images or assets are missing
  • The client requests significant changes
  • The client does not respond to requests for clarification
  • Third-party services experience delays
  • Technical circumstances outside reasonable control occur

The 48-hour timeframe is therefore dependent on the client providing everything required to build the agreed website.

5.Client responsibilities

The client is responsible for providing accurate and lawful content required for the website. This may include:

  • Business information
  • Personal information
  • Text
  • Images
  • Logos
  • Contact details
  • Addresses
  • Pricing
  • Menus
  • Portfolio information
  • Social media links
  • Other materials requested for the website

The client confirms that they have the necessary rights, permissions and licences to use content supplied to WHO ARE YOU ONLINE?, and that information supplied for publication is accurate.

WHO ARE YOU ONLINE? is not responsible for legal claims arising from inaccurate, misleading, unlawful or unauthorised content supplied by the client.

6.Content creation

The standard website price does not include unlimited content creation. Unless specifically agreed otherwise, the client supplies the primary:

  • Text
  • Images
  • Logos
  • Business information
  • Other content

Professional copywriting, photography, video production, extensive image sourcing, logo design and branding may be quoted separately.

7.Design & revisions

The project includes reasonable corrections and refinements within the agreed scope, for example:

  • Correcting mistakes
  • Changing supplied text
  • Replacing supplied images
  • Minor layout changes
  • Minor styling adjustments

The following may constitute additional work:

  • Completely changing the original design direction
  • Adding new pages
  • Adding new functionality
  • Changing previously approved sections substantially
  • Rebuilding the website around a new concept
  • Repeated revision cycles outside the agreed scope

Additional work may be quoted separately before it is started.

8.Client approval

The client is responsible for reviewing the hosted website before final approval, including:

  • Text
  • Images
  • Contact information
  • Links
  • Prices
  • Addresses
  • Business information
  • Mobile appearance
  • Desktop appearance
  • Other published information

Once the client approves the final version, the remaining balance becomes payable unless otherwise agreed.

9.Final payment & handover

After final approval and receipt of the remaining balance:

  • The completed source code is handed over
  • Relevant project files are provided
  • The agreed website is deployed/made live where applicable
  • The client receives ownership/use rights as agreed

Final source-code handover does not take place before the outstanding balance has been paid.

10.Ownership

Upon full payment, the client receives ownership/use rights to the completed website source code created specifically for the project, subject to:

  • Third-party software licences
  • Third-party assets
  • Fonts
  • Stock images
  • External services
  • Open-source licences
  • Other materials that are not owned by WHO ARE YOU ONLINE?

WHO ARE YOU ONLINE? does not transfer ownership of third-party software or third-party intellectual property. Where applicable, third-party materials remain subject to their respective licences.

11.Domain names

Domain registration is separate from the website development fee. Domain costs depend on:

  • Domain extension
  • Availability
  • Registrar
  • Registration period

The client may purchase and manage the domain themselves. If WHO ARE YOU ONLINE? assists with domain registration, the actual domain registration cost is payable separately by the client.

WHO ARE YOU ONLINE? does not guarantee that a particular domain name will remain available. The client is responsible for ensuring that the chosen domain does not infringe another person's trademark, brand or legal rights.

12.Third-party services

Websites may use third-party services such as:

  • Domain registrars
  • Hosting providers
  • Payment providers
  • Maps
  • Social media platforms
  • WhatsApp
  • Analytics or other services if specifically requested

WHO ARE YOU ONLINE? does not control third-party services and cannot guarantee their availability, pricing, policies, security, features or future operation.

Changes, outages or discontinuation of third-party services may affect website functionality.

13.No SEO or marketing promises

WHO ARE YOU ONLINE? is a website design and development service. The service does not automatically include:

  • SEO
  • Search-engine ranking
  • Advertising
  • Social media management
  • Marketing
  • Lead generation
  • Conversion optimisation
  • Revenue guarantees

WHO ARE YOU ONLINE? makes no guarantee regarding search rankings, traffic, sales, leads, conversions, revenue or business performance resulting from the website.

If the client requires SEO or marketing services, they may engage an appropriate specialist or agency.

14.Website maintenance

There is no mandatory monthly maintenance subscription under the standard website service.

The client may request future work from WHO ARE YOU ONLINE? if available. Alternatively, the client may engage another developer or freelancer.

Future updates, changes, new pages or additional functionality are separate services and may incur additional charges.

15.Third-party code / open source

The website may incorporate open-source libraries and third-party software. Such components remain subject to their applicable licences.

The client agrees to comply with applicable third-party licence terms. WHO ARE YOU ONLINE? does not claim ownership of third-party software.

16.Website security

WHO ARE YOU ONLINE? will take reasonable care in developing the website. However, no internet-connected website can be guaranteed to be completely free from:

  • Security vulnerabilities
  • Hacking
  • Malware
  • Service outages
  • Third-party failures
  • Internet-related risks

The client is responsible for maintaining the security of accounts, passwords, hosting accounts, domain accounts and third-party services under their control.

17.Backups

Unless specifically agreed otherwise, ongoing backups and website maintenance are not included as a recurring service.

The client should maintain appropriate backups of important website content and files after handover.

18.Prohibited content

WHO ARE YOU ONLINE? may refuse to create or publish websites involving unlawful, fraudulent, deceptive, abusive or otherwise prohibited content.

The client remains responsible for ensuring that their website and business activities comply with applicable laws and regulations.

20.Cancellation

If the client cancels a project after development has started, the initial deposit may be retained to cover work already performed, development time reserved and project preparation, subject to applicable law and the specific circumstances.

If significant additional work has already been performed beyond the amount covered by payments received, WHO ARE YOU ONLINE? may invoice for completed work that was authorised by the client.

No project will be handed over until all outstanding amounts have been paid.

21.Refunds

Refunds are considered based on the circumstances of the project, work already performed, cancellation timing and applicable law.

Where development work has already been performed, the client acknowledges that the initial deposit is intended to cover committed development time and work undertaken.

Nothing in these terms excludes or limits any rights that cannot legally be excluded or limited.

22.Limitation of liability

To the maximum extent permitted by applicable law, WHO ARE YOU ONLINE? will not be liable for indirect, incidental, consequential or special losses arising from the website or its use, including loss of profits, business opportunities, revenue, data or reputation.

To the maximum extent permitted by law, the total liability of WHO ARE YOU ONLINE? arising from a project will not exceed the total amount actually paid by the client for that specific project.

This limitation does not apply where liability cannot lawfully be excluded or limited.

23.Force majeure

WHO ARE YOU ONLINE? is not responsible for delays caused by circumstances outside reasonable control, including:

  • Internet outages
  • Hosting failures
  • Domain registrar problems
  • Third-party service outages
  • Cyberattacks
  • Natural disasters
  • Government action
  • Power failures
  • Other events outside reasonable control

24.Changes to terms

WHO ARE YOU ONLINE? may update these Terms & Conditions from time to time.

The version applicable to a project will be the version agreed or made available at the time the project is accepted, unless otherwise required by law.

25.Governing law

These Terms & Conditions are governed by the laws of Malaysia.

Any dispute will be subject to the applicable courts and dispute-resolution mechanisms in Malaysia.

26.Contact

Business
WHO ARE YOU ONLINE?
Email
[BUSINESS EMAIL TO BE ADDED]
Address
[BUSINESS ADDRESS / LEGAL ADDRESS TO BE ADDED IF REQUIRED]