Terms & Conditions

ATTENTION! THE FOLLOWING TERMS AND CONDITIONS WILL BE LEGALLY BINDING TO THE CLIENT UPON EXECUTION OF I CONCEPT’S STANDARD SERVICES AGREEMENT. CLIENT SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE BEFORE EXECUTING THE AGREEMENT.

Service Package
Price quoted is only valid for 14 days from the date of Quotation/Proposal and only applicable to the services mentioned within said Quotations/Proposal. Any additional services rendered will be charged accordingly. However, I Concept shall reserve the rights to revise the cost based on the market situation before any confirmation from the client.

Deposit
A non-refundable deposit (50% to 70% depending on the quotation in most cases) of the total fee payable to I Concept is due immediately upon the appointment of I Concept. Payment has to be made before the commencement of any project.

I Concept Methodology
I Concept uses a proven methodology based on best practices gleaned from vast experiences in delivering digital solutions to our client. Our I Concept Methodology is a phased approach — the methods deployed are those that have greatly benefited hundreds of clients in their implementations.

Composed of activities logically grouped into four to five distinct stages, this methodology supports the long-term success of the development, making it easier to provide management and control during the lifecycle of a project. Not every project or professional service engagement will use every stage and complete all activities outlined in the methodology. The staged approach is designed to be flexible enough for specific requirements to be properly addressed, and for methods and techniques to be selected and implemented as needed.

Design
For our website and E-commerce design package, clients will be given up to THREE (3) rounds of amendments for the homepage upon the first preview of the designs. After confirmation of the homepage design, we’ll provide another THREE (3) rounds of amendments for the subpages design.

Clients will need to compile all amendments required within a single email and each email would be counted as ONE (1) round of amendment. Additional revisions will be charged according to the type of amendments required.

Language Options
Unless specified within the agreed job scope, English will be the only language used by I Concept to deliver its services (including but not limited to design and development of website, Content Management System, E-Commerce System, Portal, Custom Business Solutions, Custom Web Applications and any Custom System). Any additional language options will be charged accordingly and have to be stated clearly in the quotation or proposal.

Confirmation
We will only proceed with the project upon the receipt of the written confirmation and deposit. This will be subjected to a first-come, first-served basis, which will be dependent on I Concept’s project schedule.

Final Payment
The remaining balance payment will be due after training has been provided or before the website is published to LIVE, or as stated in the quotation. There are no exceptions to this, even if clients decide that they no longer want the site, as they have commissioned the work and are still obliged to pay for the work completed.

Animation
Animations are not included within our programming script and development works.

Content and Picture Submission
Unless specified within the job scope, clients must supply all materials and information required to complete the work, in accordance with the agreed specification. Such materials may include but not limited to, photographs, written copy, logos, and other materials.

Where there are delays in supplying these materials to I Concept, which in turn leads to a delay in the completion of work, I Concept reserves the right to extend any previously agreed deadlines within a reasonable amount.

In the event that clients fail to supply materials necessary for the progress of work, I Concept have the right to invoice clients for any part or parts of the work completed

Picture Usage
Pictures and images touch-ups (limited to adjustments of brightness, contrast, saturation, cropping and resizing only) in web content is applicable to static informative content only, and do not include pictures used in products and any information input in for E-commerce website and CMS contents.
I Concept will not be responsible for any copyright issues for pictures provided by the client. All stock images included in the package (if any) will be purchased from istockphoto.com.

Hosting and Server
All shared hosting is bound within the allocated resources such as the number of emails sent per hour, bandwidth, and traffic. When the usage exceeds the allocated resource (due to various reasons such as mass email sending, movie streaming, or high traffic volume), clients will be advised to upgrade their server package.

Unless specified within the agreed job scope, shared hosting package will not include any FTP and cPanel login. I Concept will not be responsible for any technical or functionality problem in the website and application, if the website and application are not hosted by I Concept.

Copyright and Restrictions
Clients are responsible for all activities conducted under its Users’ Logins and for its Users’ compliance with this agreement. Unless expressly provided within the quotation or proposal, any services provided by I Concept is only for ONE (1) domain at any single time. Client shall not

(a) permit any third party to copy, translate, modify, rent, resell, sub-license, duplicate, distribute, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, modify any part of our services (including but not limited to Website, Content Management System, E-Commerce System, Portal, Custom Business Solution, Custom Web Applications and any Custom System), or otherwise attempt to discover the source code provided by I Concept in any manner;
(b) use unauthorised modified versions of our services, including (without limitation) for the purpose of building a similar or competitive product/service, or for the purpose of obtaining unauthorised access to the service;
(c) use our services in a manner that is contrary to applicable law or in violation of any third party rights of privacy and intellectual property rights;
(d) publish, post, upload or transmit files that contain any viruses, Trojan horses, worms, time bombs, corrupted files, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any systems, data, personal information or property of another;
(e) use or knowingly permit the use of any security testing tools in order to probe, scan, attempt to penetrate, or ascertain the security of the service.

For the interest of our client, I Concept will decide on the necessary course of action to protect the source files.

Project Exclusion
Unless specified within the agreed job scope, this package does not include copywriting, proofreading, translation, photography, videography, integration with any ERP System in the market, product and content input, picture gallery upload, data input, and third party system subscription (e.g. SMS Provider Companies, other Payment Gateways, Campaign Management Systems like Get Response and Aweber).

Search Engine
I Concept is not liable for any change in position within search engine results for the clients’ websites. I Concept only performs basic search engine optimisation according to current industry best practices, which includes Cross Browser Compatibility, Meta-Tagging, Meta Keywords, Search Engines Submission, and XML Sitemap and Submission only

Client Participation
Clients are to provide I Concept with prompt and adequate responses to our requests for information and/or other requests related to this project, so as to execute the project stated in the quotation/proposal.

In the event that I Concept has made a request and clients fail to respond promptly with the requested information within FOURTEEN (14) days, I Concept may issue a “Final 30-Day Project Notice” (“Final Notice”) to clients. If any client does not respond to the Final Notice, they have agreed to relieve Concept of any further obligations that have not been completed within the quotation/proposal, and they shall remain liable for payment of all Professional Service fees in the quotation/proposal.

Any and all services requested by clients following the expiration of the aforementioned THIRTY (30) days period will require a new quotation/proposal agreed upon by both I Concept and the client. Clients shall be responsible for any additional Professional Services fees incurred after, even if they were listed in the original quotation/proposal.

Third Party Websites, Products and Services
I Concept may offer certain Third-Party Applications for sale under the quotation/proposal. Any procurement of such Third-Party Applications by clients shall be subjected to the terms specified in said quotation/proposal.

In addition, I Concept or Third-Party providers may offer Third-Party Applications or Services, including implementation, customisation, and other consulting services related to clients’ use of our services. Unless set forth in the quotation/ proposal, I Concept will not be liable for any Third-Party Applications or Services, regardless of whether these applications/services are provided by a member of an I Concept Partner Program or designated by I Concept as “certified”, “approved” or ‘recommended’.

Any procurement by clients of any Third-Party Applications or Services is solely between the client and the applicable Third-Party Provider. I Concept will not be responsible for any aspect of said Third-Party Applications or Services, which client may connect with through our services or any descriptions, promises, or other information related to us.

If clients choose to install or enable Third-Party Applications or Services for use with our services, clients agree that I Concept may allow these Third-Party Providers to access Client Data as required for the interoperation of said Third-Party Applications with the service. Any exchange of data or other interaction between clients and a Third Party Provider is solely between clients and said Third-Party Provider. I Concept shall not be responsible for any disclosure, modification, or deletion of Client Data resulting from the access by Third-Party Applications or Third-Party Providers.

No procurement of such Third Party Applications or services is required to use our services.

IT Issues
I Concept will not take responsibility for any problems associated with clients’ computers such as local settings, servers, Internet access, or any other local issues. I Concept is not responsible for clients’ IT issues — any IT problems are the responsibility of each individual client.

Client Acknowledgement
Clients are responsible for acknowledging and responding to documents related to this project. These documents could be requirements, escalation issues, or end-of-project notices. Some documents will require clients’ signature/e-signature before I Concept can proceed with the implementation, and clients are responsible for responding in a timely and collaborative fashion.

I Concept will not be held responsible for any delays caused by this clause.

Site Completion and Warranty
Upon the public launch of the website, I Concept will provide EIGHT (8) weeks of support and technical issue resolution via email, phone, and other electronic mediums. This includes fixing of current system errors, and identifying, correcting or advising on the current system operational issues.

Warranty Period may defer based on the project, as per specified within the quotation/proposal. I Concept will consider the project to be completed upon the expiration of the Warranty Period.

Data Loss and Data Backup
I Concept will not be held responsible for any file loss resulting from the failure of any of the servers or services I Concept operates (this includes our remote backup service). While I Concept’s hosting partner does perform regular server backups as part of their own internal maintenance, I Concept may impose a charge to restore their data at clients’ requests. It will be dependent on the level of work involved. Therefore, we strongly advise to backup all of your files locally on a regular basis, depending on how often you update your website. A backup manual can be obtained from I Concept upon request.

Termination of Service
Each party is allowed to terminate the quotation/proposal by giving ONE (1) week notice and the website will remain as the property of I Concept. Clients are required to pay the amount of outstanding payment, dependent on the progress of the project’s completion.

Cross-Browser Compatibility
By using current versions of well-supported Content Management Systems and E-Commerce Systems, I Concept endeavours to ensure websites we create are compatible with all current modern web browsers, such as the updated versions of Internet Explorer (IE 8 and above only), Firefox, Google Chrome, Safari and all recent versions of the mobile browsers such as iOS’s Safari and Android’s default Internet browser.

Third-party extensions, where used, may not have the same level of support for all browsers. Where any incompatibilities are found, we will substitute alternative extensions or implement other solutions as deemed appropriate by I Concept.

Computer Viruses
I Concept acknowledge that documents posted and content available in websites may contain viruses or other harmful elements. Should clients or any other third parties download any such materials from the websites, it is the clients’ or any other third parties’ responsibility to perform any anti-virus scanning or other precautions as deemed necessary.

Under no circumstances will I Concept or any third party be responsible for any loss/ damage caused by materials downloaded from the websites, or costs associated with necessary servicing/repairs of any equipment and data.

Limitation of Liability
I Concept will not be liable to clients or other parties for any direct, indirect, incidental, consequential, special, or exemplary damages (including but not limited to, lost profits, trading losses, or damages that result from inconvenience, delay, or loss of the use of the websites or services).

We will also not be liable for claims arising from TORT (including negligence), even if I Concept, I Concept’s Hosting Partner, or a third party have been advised or are otherwise made aware of the possibility of the foregoing.

I Concept expressly disclaims all and provides no representations or warranties with respect to the website, its contents, or the services provided by us. We will not represent or warrant that the information accessible on or via the website is accurate, complete, or current.

Privacy Policy
For the purposes of this Agreement, “Confidential Information” shall include the terms of this Agreement, Client Data, each party’s proprietary technology, business processes and technical product information, designs, issues, all communication between the Parties regarding the Service and any information that is clearly identified in writing at the time of disclosure as confidential. Notwithstanding the foregoing, Confidential Information shall not include information which:

(1) is known publicly;
(2) is generally known in the industry before disclosure;
(3) has become known publicly, without fault of the Receiving Party;
(4) the Receiving Party becomes aware of from a third party not bound by non-disclosure obligations to the Disclosing Party, and with the lawful right to disclose such information to the Receiving Party;
(5) is aggregate data regarding use of I Concept’s Services that do not contain any personally identifiable or Client -specific information.

Each party agrees:
(a) to keep confidential all Confidential Information;
(b) not to use or disclose Confidential Information except to the extent necessary to perform its obligations or exercise rights under this Agreement or as directed;
(c) to protect the confidentiality in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising, at least a reasonable degree of care in the protection of such Confidential Information, including but not limited to inputting credit card data in the fields designated for such data in the Service) and to make Confidential Information available to authorized persons only on a “need-to-know” basis.
Either party should agree to the disclosure of information before the actual disclosure to its contractors and service providers, who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of the services in connection with the performance of this Agreement. Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information required by the law or order of a court, other governmental authority or regulation permits.

THE WEBSITES AND SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE WEBSITES, SERVICES, OR INFORMATION MADE AVAILABLE VIA THE WEBSITES OR SERVICES.

CLIENTS RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE RELYING ON IT.