In consideration of the mutual covenants herein once any Services has been tied between Genius IT Consultancy Sdn Bhd & the Customer, the both parties agree as following below:
- Customer includes the person purchasing the Services (including all our affiliate and holding partners/company).
- Registrant includes the person applying for a domain name or any party acting on their behalf.
- Registry means the relevant domain names Registry.
- Services means domain name registration, website hosting, email and any other services or facility provided by Genius IT Consultancy Sdn Bhd to the Customer including website design, mobile/ web application development, video design etc.
- Server means the computer server equipment operated by Genius IT Consultancy Sdn Bhd or 3rd party companies in connection with the provision of the Services.
- Website means the area on the Server allocated by Genius IT Consultancy Sdn Bhd to the Customer for use by the Customer as a site on the Internet
- Genius IT Consultancy Sdn Bhd includes Genius IT Consultancy Sdn Bhd or any party acting on Genius IT Consultancy Sdn Bhd’s explicit instructions.
2. Domain Name Registration
- Genius IT Consultancy Sdn Bhd does not represent or warranty the availability of any domain name to the Customer. The Customer agrees that it will have no rights or cause of action against Genius IT Consultancy Sdn Bhd if a domain name cannot be registered.
- Genius IT Consultancy Sdn Bhd will notify the Customer when the registration of a domain name is complete.
- Any act or omission by the Customer in respect of an actual and/or attempted registration of a domain name prior to notification by Genius IT Consultancy Sdn Bhd occurs at the sole risk of the Customer.
- Any administration charge paid by the Customer to Genius IT Consultancy Sdn Bhd shall be non-refundable, notwithstanding refusal by the Registry to register the desired name.
- The registration and use of any domain name by Customer is, at all times, subject to the terms and conditions of usage applied by the Registry and the Genius IT Consultancy Sdn Bhd General Terms and Conditions. It is the sole obligation of the Customer to ensure compliance with all such terms and conditions.
- Genius IT Consultancy Sdn Bhd will not, at any time, assume any liability whatsoever in respect of the use by the Customer of any domain name. Any disputes arising must be resolved between the parties involved.
- In the event of a dispute, Genius IT Consultancy Sdn Bhd 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. Service Availability
- The Customer agrees that Genius IT Consultancy Sdn Bhd may, without reason, suspend the Services at any time and for any reason, generally without notice. If a suspension continues for more than 7 working days, Genius IT Consultancy Sdn Bhd will use it best endeavors to notify the Customer.
- The Customer 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 Genius IT Consultancy Sdn Bhd account & Services of the Customer.
- Any breach of clause 3.2 by a Customer will constitute a material breach and repudiation of this agreement by the Customer. Upon such breach, Genius IT Consultancy Sdn Bhd shall have the right to cancel the account, terminate the Services and/or this agreement immediately without further notice to the Customer. Upon such an event, all monies owed by the Customer to Genius IT Consultancy Sdn Bhd shall immediately become due and owing.
4. Content Ownership
- The Customer 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 Customers.
- All information and data stored on any server by the Customer or its agent is the property of the Customer. Genius IT Consultancy Sdn Bhd do not responsible whatsoever over, in or in respect of, any Customer information or data.
- The Customer agrees that Genius IT Consultancy Sdn Bhd may access Customer information and data at any time and for any reason.
- The Customer agrees to indemnify and hold harmless Genius IT Consultancy Sdn Bhd 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 Customer of any intellectual property rights of any third party and the registration or use of domain names by the Customer.
6. Services (Web, Application, Video, Visual etc) Design & Development
- Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Genius IT Consultancy Sdn Bhd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
- Any graphics, designs, scripts, cgi applications, php scripts, all scripts, or software (unless specifically agreed) written by Genius IT Consultancy Sdn Bhd remain the copyright of Genius IT Consultancy Sdn Bhd and may only be commercially reproduced or resold with the permission of Genius IT Consultancy Sdn Bhd.
- Genius IT Consultancy Sdn Bhd 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 briefs provided will be carried out at the discretion of Genius IT Consultancy Sdn Bhd and where no charge is made by Genius IT Consultancy Sdn Bhd for such additions, Genius IT Consultancy Sdn Bhd 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.
- Genius IT Consultancy Sdn Bhd will not be liable or become involved in any disputes between the Services owner and their clients and cannot be held responsible for any wrongdoing on the part of a Services owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
- Once Customer agree with given quotation, a deposit of 50% is required with any standard project and 50% for database driven projects before any design work will be carried out. The deposit is non-refundable.
- Once the Services has been designed/developed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the Services, 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. Once full payment is received for a Services, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free minor-updates for a month after completion to allow for any final amendments that may be required.
- Genius IT Consultancy Sdn Bhd may suspend or terminate access to the Services without notice to the Customer if the Customer account becomes overdue. Genius IT Consultancy Sdn Bhd will not be responsible for any loss or damage to the Customer or any other party as a result of such suspension or termination.
- Genius IT Consultancy Sdn Bhd may request the Customer to rectify any breach of this agreement. If the Customer fails to rectify any such breach within 30 days from the issuing of such a request by Genius IT Consultancy Sdn Bhd, Genius IT Consultancy Sdn Bhd is entitled to treat the Customer 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 Customer to Genius IT Consultancy Sdn Bhd will immediately become due and payable.
- In the event of a suspension and/or a termination of the Services by Genius IT Consultancy Sdn Bhd, the Customer agrees that Genius IT Consultancy Sdn Bhd shall be entitled to
- block the Customer website/ Service’s platform / others; and
- remove all data and or information located on it.
- Genius IT Consultancy Sdn Bhd 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 Customer, as its expense and subject to payment of all monies owing to Genius IT Consultancy Sdn Bhd, to collect the data and or information.
- In the event of a termination or suspension, Genius IT Consultancy Sdn Bhd may post such notice in respect of the non-availability of the Customer website as it deems fit.
8. Limitation of Liability
- The Customer will not, under any circumstances, seeks to hold Genius IT Consultancy Sdn Bhd 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 Customer domain registrations & all Services provided by Genius IT Consultancy Sdn Bhd;
- interruption to the business and operations of the Customer;
- access delays or interruptions to any website accessed by registered domain name of the Customer;
- non-delivery, mis-delivery, corruption, destruction, or modification of data and or information;
- events beyond the control of Genius IT Consultancy Sdn Bhd; and or
- processing of an application for domain name registration;
- Genius IT Consultancy Sdn Bhd 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 Customer or any third party.
- The Customer acknowledges that all rules and regulations which apply to domain name registration must be strictly construed and applied. The Customer accepts sole responsibility for ensuring compliance with all relevant laws, rules and regulations in this respect.
- The Customer agrees that it is solely liable for ensuring that all Customer details on registered domain records remain current. Genius IT Consultancy Sdn Bhd will not held liable for any loss or damage arising from interruption to Services that occur as a result of Customer non-compliance with the matters referred to in clause 8.1, including obsolete contact details.
- The Customer shall remain solely responsible for renewing a domain name. The Customer will not hold Genius IT Consultancy Sdn Bhd liable for any downtime, loss or damage suffered as a result of non-renewal or expiry of a domain name by the Customer.
- Genius IT Consultancy Sdn Bhd will not reimburse or otherwise compensate the Customer for payments made by the Customer to third parties for domain name renewals, hosting server renewals & others fees.
- Genius IT Consultancy Sdn Bhd hosting support times are between 9:00am and 6:00pm Monday to Friday, Malaysia Time.
- If Genius IT Consultancy Sdn Bhd has been informed of illegal content stored under the Customer’s domain name/user web, it will immediately request the Customer remove the data forthwith. If compliance with this notice is not achieved within 24 hours, Genius IT Consultancy Sdn Bhd will be entitled to immediately terminate this agreement in accordance with clause 6.