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Terms of Service

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  1.  Definition
    1.  Client includes the person purchasing the Services or any agent or representative thereof.
    2.  Registrant includes the person applying for a domain name or any individual / party acting on their behalf.
    3.  Registry means the relevant domain names Registry.
    4.  Services means domain name registration, website hosting, email and any other service or facility provided by Pixelab to the Client.
    5.  Server means the computer server equipment operated by Pixelab or 3rd party companies in connection with the provision of the Services.
    6.  Website means the area on the Server allocated by Pixelab to the Client for use by the Client as a site on the Internet.
    7.  Pixelab includes Pixelab or any party acting on Pixelab's explicit instructions.
  2.  Domain Name Registration
    1.  Pixelab does not represent or warranty the availability or registrability of any domain name to the Client. The Client agrees that it will have no rights or cause of action against Pixelab if a domain name cannot be registered.
    2.  Pixelab will notify the Client when the registration of a domain name is complete.
    3.  Any act or omission by the Client in respect of an actual and/or attempted registration of a domain name prior to notification by Pixelab occurs at the sole risk of the Client.
    4.  Any administration charge paid by the Client to Pixelab shall be non-refundable, notwithstanding refusal by the Registry to register the desired name.
    5.  The registration and use of any domain name by Client is, at all times, subject to the terms and conditions of usage applied by the Registry and the Pixelab General Terms and Conditions. It is the sole obligation of the Client to ensure compliance with all such terms and conditions.
    6.  Pixelab will not, at any time, assume any liability whatsoever in respect of the use by the Client of any domain name. Any disputes arising must be resolved between the parties involved.
    7.  In the event of a dispute, Pixelab will not be obliged to become involved, or take part, in a dispute but may, in its sole and absolute discretion:
      • withhold or suspend a domain name; and or
      • make any representations it deems fit to the Registry.
  3.  Assumption, Risks and Mitigation Process
    1.  Any delay in the availability of required tools information can delay in finishing of a deliverable.
    2.  Pixelab shall not be liable to the Client and/or their Client(s) for any delay in/or failure of its obligation caused by occurrences beyond the control of Pixelab such as fire, flood, epidemic, war, riot, strike etc which renders performance of the obligations impossible.
    3.  Pixelab shall not be liable to the Client and/or their Client(s) for any damage/distortion to website caused by the Client in the event of where the Client make any sort of editing or alterations to the website themselves.
  4.  Project Deliverables
    1.  Project delivery time for each project will be 14 working days unless explicitly stated in invoice.
    2.  Changes of website template is not allowed after work in delivering project is in progress.
    3.  Any new changes to the website upon completion of the project will be subjected to additional charges.
    4.  Any new changes will be implemented as per the man-hour price (RM150 per hour) applicable as per the technology deployed.
  5.  Service Availability
    1.  The Client agrees that Pixelab may, without reason, suspend the Services at any time and for any reason, generally without notice. If a suspension continues for more than 48 hours, Pixelab will use it best endeavors to notify the Client.
    2.  The Client will not sell, transfer, license, assign or otherwise create any legal or equitable rights or interests in any third party whatsoever, in relation to the Pixelab account of the Client.
    3.  Any breach of clause 4.2 by a Client will constitute a material breach and repudiation of this agreement by the Client. Upon such breach, Pixelab shall have the right to cancel the account, terminate the Services and/or this agreement immediately without further notice to the Client. Upon such an event, all monies owed by the Client to Pixelab shall immediately become due and owing.
  6.  Content Ownership
    1.  The Client assumes sole responsibility for obtaining any and all necessary licenses, consents, authorizations and approvals to enable it to lawfully use any and all intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of any proposed domain name or other intellectual property rights being used by the Client.
    2.  All information and data stored on any server by the Client or its agent is the property of the Client. Pixelab claims no ownership and assumes no responsibility whatsoever over, in or in respect of, any Client information or data.
    3.  Pixelab will use its best endeavors to ensure that Client information remains confidential in accordance with the Pixelab Privacy Policy.
    4.  The Client agrees that Pixelab may access Client information and data at any time and for any reason.
  7.  Indemnity
    1.  The Client agrees to indemnify and hold harmless Pixelab and its employees, contractors, agents and directors in full against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising under this agreement, including from the use of the Client of any intellectual property rights of any third party and the registration or use of domain names by the Client.
  8.  Project Deliverables
    1.  Project delivery time for each project will be 14 working days unless explicitly stated in invoice provided by Pixelab.
    2.  Changes of website template is not allowed after work in delivering project is in progress.
    3.  Any new changes to the website upon completion of the project will be subjected to additional charges.
    4.  Any new changes will be implemented as per the man-hour price (RM150 per hour) applicable as per the technology deployed.
    5.  Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Pixelab cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
    6.  Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Pixelab remain the copyright of Pixelab and may only be commercially reproduced or resold with the permission of Pixelab.
    7.  Pixelab 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.
    8.  Any additions to briefs provided will be carried out at the discretion of Pixelab and where no charge is made by Pixelab for such additions, Pixelab 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.
    9.  Pixelab will not be liable or become involved in any disputes between the site owner and their Clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes regarding content/images that have been provided to us for inclusion on the site.
  9.  Client Responsibilities / Dependencies
    1.  Explicit and timely communication of requirements, scope, changes, updates.
    2.  Adherence to client responsibilities and timelines in the project plan.
    3.  Coordination between any third parties for information required by us for the project.
    4.  Timely sign up with hosting providers, payment gateway, or any other third party sign up required for the project execution.
    5.  Any images / contents to be used in the website will be provided by the client in timely manner to avoid delay in finishing project deliverables.
    6.  The client will provide hosting environment and any third party tool required for the development.
    7.  The final web design shall be reviewed and approved by client within 14 working days before project is deemed as completed.
    8.  Project will be deemed as completed if there is no feedback provided by the client after 14 working days upon completion of project.
  10.  Payment Structure
    1.  All payment terms for the design and development project must be advanced payment in full before commencement of project.
    2.  Pixelab will not process any refund after work is started upon commencement of project.
  11.  Confidentiality & Non-Disclosure
    1.  Both client and Pixelab will not use confidential information belonging to the other party for any purpose whatsoever without the consent of other party other than for the performance of this assignment / project.
    2.  Both client and Pixelab acknowledge that no representations whether oral or in writing expressed or implied otherwise to influence the gain on the amount of business during engagement on the project/ assignment.
    3.  The Intellectual property rights of the project will be owned by the client.
  12.  Limitation of Liability
    1.  The Client will not, under any circumstances, seeks to hold Pixelab responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services, including but not limited to:
      • loss of profits arising out of, or in connection with, this agreement;
      • use, misuse, suspension and or loss of any Client domain registrations;
      • interruption to the business and operations of the Client;
      • access delays or interruptions to any website accessed by registered domain name of the Client;
      • non-delivery, mis-delivery, corruption, destruction, or modification of data and or information;
      • events beyond the control of Pixelab; and or
      • processing of an application for domain name registration;
    2.  Pixelab shall not, under any circumstances, be liable or responsible for any acts, omissions or errors, whether negligent or otherwise by a Registry administrator or any other third party arising out of or related to, any domain name application, including the receipt of, or failure to receive, a domain name registration by the Client or any third party.
    3.  In the event, Pixelab is held liable for any loss or damage whatsoever and howsoever arising under this agreement, the parties agree that, as a precise pre-estimate of damage cannot be properly ascertained, for the purpose of determining liquidated damages, the maximum aggregate liability of Pixelab to the Client shall not exceed the total amount paid by the Client to Pixelab for:
      • domain name registration; and
      • hosting services applying to any relevant domain name registered to the Client
  13.  Notice
    1.  The Client acknowledges that all rules and regulations which apply to domain name registration must be strictly construed and applied. The Client accepts sole responsibility for ensuring compliance with all relevant laws, rules and regulations in this respect.
    2.  The Client agrees that it is solely liable for ensuring that all Client details on registered domain records remain current. Pixelab will not held liable for any loss or damage arising from interruption to Services that occur as a result of Client non-compliance with the matters referred to in clause 11.1, including obsolete contact details.
    3.  The Client shall remain solely responsible for renewing a domain name. The Client will not hold Pixelab liable for any downtime, loss or damage suffered as a result of non-renewal or expiry of a domain name by the Client.
    4.  Pixelab will not reimburse or otherwise compensate the Client for payments made by the Client to third parties for domain name renewals.
    5.  Pixelab technical support times are between 8:30am and 5:00pm Monday to Friday, Malaysia Time.
    6.  Pixelab standard support includes ensuring that the Server is online whenever reasonably possible and that domains hosted by Pixelab are visible on the Internet.
    7.  If Pixelab has been informed of illegal content stored under the Client's domain name/user web, it will immediately request the Client remove the data forthwith. If compliance with this notice is not achieved within 24 hours, Pixelab will be entitled to immediately terminate this agreement in accordance with clause 14.
  14.  Cancellation
    1.  The Client may cancel an order for Services without reason within 7 days from the date of the order by written notice to Pixelab.
    2.  Upon receipt of such notice Pixelab shall refund all monies paid by the Client in full within 30 days of the notice.
    3.  The Client shall remain solely responsible for renewing a domain name. The Client will not hold Pixelab liable for any downtime, loss or damage suffered as a result of non-renewal or expiry of a domain name by the Client.
    4.  Pixelab will not reimburse or otherwise compensate the Client for payments made by the Client to third parties for domain name renewals.
  15.  Termination
    1.  Both client and Pixelab will have the right to terminate the agreement by giving a two weeks’ notice to the other party upon situations arising due to non-compliance of the stipulations of the agreement.
    2.  If Pixelab issue the termination notice, payment for work not completed shall be refunded to client.
    3.  If client issues the termination notice, then client will pay us all amounts due as of the termination date for work done till date and no advance payment will be refunded.
    4.  Pixelab may suspend or terminate access to the Services without notice to the Client if the Client account becomes overdue. Pixelab will not be responsible for any loss or damage to the Client or any other party as a result of such suspension or termination.
    5.  Pixelab may request the Client to rectify any breach of this agreement. If the Client fails to rectify any such breach within 30 days from the issuing of such a request by Pixelab, Pixelab is entitled to treat the Client as having committed a material breach and repudiated their obligations under this agreement and to terminate the agreement without further notice. Upon such a termination of this Agreement, all monies owing by the Client to Pixelab will immediately become due and payable.
    6.  In the event of a suspension and/or a termination of the Services by Pixelab, the Client agrees that Pixelab shall be entitled to block the Client website; and remove all data and or information located on it.
    7.  Pixelab shall retain the sole discretion as to whether any data and/or information removed is: immediately deleted from existence in its entirety; or held for such period to enable the Client, as its expense and subject to payment of all monies owing to Pixelab, to collect the data and or information.
    8.  In the event of a termination or suspension, Pixelab may post such notice in respect of the non-availability of the Client website as it deems fit.