Kiwi Bizz Network
Website Subscription Terms of Service
Effective Date: 1st November 2024
By subscribing to Kiwi Bizz Network’s website development and hosting service, you (the “Client”) agree to these Terms of Service (the “Agreement”), which constitute a legally binding contract.
1. Subscription Services
- Monthly Fee: RM100/month
- Upfront Fee: RM250 (non-refundable)
- Included Services:
- Website development with AI-generated content or client-supplied profile content.
- Hosting and front-end access only for content updates and layout changes.
- Two (2) minor amendments per month (rollover permitted for one (1) month only).
- Optional Add-Ons: E-commerce functionality and payment gateway integration available as one-time add-ons at agreed fees.
- Additional Amendments: Extra amendments beyond the monthly quota will incur fees based on complexity, with an estimate provided in advance.
Definitions:
- Amendment refers to minor content or layout updates, not involving major design or structural changes.
2. Subscription Process and Project Timeline
- Step 1: Client completes an online Q&A form.
- Step 2: A brief discussion will follow to clarify requirements.
- Step 3: Client makes the initial RM250 upfront fee and the first monthly payment.
- Step 4: Website development commences and typically takes 2-4 weeks.
- Step 5: Two (2) review sessions are included to ensure alignment with specifications.
Content: Standard content is AI-generated unless the Client provides suitable content. Kiwi Bizz Network disclaims responsibility for errors in client-provided content.
3. Client Obligations and Scope
- Domain and Hosting: Clients may use their own domain or hosting services. However, Kiwi Bizz Network will not be liable for compatibility issues or service disruptions associated with third-party providers.
- Admin Access and Control: Clients will only have front-end access for self-managed updates. Administrative, backend, or full control access is strictly reserved for Kiwi Bizz Network.
- Security and Maintenance: Kiwi Bizz Network will take reasonable steps to ensure website security and uptime but does not guarantee uninterrupted access. Clients are advised to use strong passwords and follow security practices.
- Business Email Exclusion: This subscription does not include business email services or support for email setup.
4. Intellectual Property and Content Rights
- Ownership of Content: All content provided by the Client, including logos, text, and images, shall remain the Client’s property. Kiwi Bizz Network holds no liability for intellectual property rights concerning client-submitted content.
- License to Use: By submitting content to Kiwi Bizz Network, the Client grants a license to use, copy, and display the content solely for purposes of providing services under this Agreement.
- Website Design Rights: Kiwi Bizz Network retains all rights, title, and interest in the website design and structure. Upon termination of the subscription, all proprietary elements of the website may be removed or modified by Kiwi Bizz Network.
5. Limitation of Liability and Disclaimers
- Limited Warranty: Kiwi Bizz Network will use reasonable skill and care in providing the service, but does not warrant that the website will be error-free, uninterrupted, or immune from security breaches.
- Indemnification: The Client agrees to indemnify and hold harmless Kiwi Bizz Network from claims, damages, liabilities, and expenses arising from:
- Client-provided content (including any copyright or trademark infringement).
- Misuse or modification of the website without Kiwi Bizz Network’s consent.
- Failure to maintain up-to-date and secure login credentials.
- Disclaimer of Liability: Kiwi Bizz Network shall not be liable for any indirect, incidental, or consequential damages, including loss of revenue, data, or profits, arising from or related to this Agreement, even if advised of the possibility of such damages.
6. Term, Lock-In Period, and Termination
- Initial Term (Lock-In Period): Subscription requires a three (3) month minimum commitment from the start date.
- Early Termination Fee: If the Client cancels within the lock-in period, a RM500 early termination fee will apply.
- Post-Lock-In Period: After three months, the Client may cancel anytime with 30 days’ notice.
- Termination for Breach: Kiwi Bizz Network reserves the right to suspend or terminate the Client’s subscription immediately if:
- The Client fails to pay fees on time.
- There is evidence of unauthorized modification or misuse of the website.
- The Client provides false information or violates these terms.
7. Payment Terms
- Fees: All monthly and upfront fees are non-refundable. Additional charges for extra amendments or add-ons must be paid in advance.
- Missed Payments: Services may be suspended or canceled if payment is not received within seven (7) days of the due date.
8. Governing Law and Dispute Resolution
- Governing Law: This Agreement shall be governed by the laws of Malaysia.
- Dispute Resolution: Any disputes shall first be negotiated in good faith. If unresolved, disputes may be mediated or, if necessary, arbitrated in accordance with applicable Malaysian law.
By subscribing, you agree to these Terms of Service, including all limitations, disclaimers, and obligations. For questions, please contact
help@asyrafmukhtar.com .