BCZ IT Solutions Sdn Bhd, a company incorporated in Malaysia with its registered office at (address)
[hereinafter referred to as the “Designer”].
Website Development Customer
[hereinafter referred to as the “Clients”].
WHEREBY IT IS MUTUALLY AGREED as follows:
1 Scope of Work for Website Development
a) Develop a website for customer with no fewer than 10 website pages using WordPress software.
a) The Clients agree to pay the Designer the fees as listed on the Designer website,
including all taxes.
3 Term of Payment
In accordance as stated in the order form.
4 Non Payment
a) The website can be removed by the Designer.
b) The Designer reserves his right to recover the compensation due.
5 Changes to Project Scope
a) If the Clients want to change the Scope of Work after the commencement of this
Agreement, the Clients shall send the Designer a written request describing the
requested changes in detail.
b) The Designer shall within 7 days of receiving such request respond with a
statement proposing the Designer’s availability, additional fees, changes to
delivery dates, and/or any modification to the terms and condition of this
c) The Designer shall be entitled to charges in preparing a new proposal.
d) Upon receiving the new proposal from the Designer, the Clients shall respond
within 14 days.
a) The client shall use all reasonable efforts to provide all necessary documents
information, and/or materials to the Designer within 10 days after the execution of
b) Each party shall use reasonable efforts to notice the other party in writing if any
7 Evaluation and Acceptance
a) The Clients shall, within 5 working days after completion of the product, notify the
Designer in writing of acceptance.
b) Failure on the Clients to notify the acceptance shall be deemed as approved and
c) Any objections, corrections and or changes shall be subject to the terms and
condition of this Agreement.
8 Accreditation and Promotion
a) The Designer shall be entitled to place accreditation, as a hyperlink, in the form,
size and or location as incorporated by the Designer in each page of the website.
b) The Designer retains the right to reproduce, publish and/or display the website in
Designer’s portfolios and websites, in galleries, design periodicals and/or other
media or exhibits for the purpose of recognition of creative excellence or
professional advancement, and to be credited with authorship of the website in
connection of such uses.
9 Confidential Information
a) All material considered confidential by either party shall be designated as
b) The parties shall not disclose such confidential information to any third party.
10 Relationship of Parties
a) The Designer is an independent contract and shall determine, at its own
discretion, the manner and means by which the Services are accomplished.
b) No agency, partnership, joint venture, and/or employer-employee relationship is
intended or created by this Agreement.
c) No party is authorized to act as agent or bind the other party except as expressly
provided in this Agreement.
d) All rights granted to the Clients are contractual in nature and expressly defined by
11 Representation and Warranties
a) The Clients represent and warrant to the Designer that to the best of the Clients’
knowledge, use of the Clients Content does not infringe any right of the third
b) The Designer represents and warrants to the Client that to the best of the
Designer’s knowledge, the Deliverables will not violate any rights of the third
c) Except for the express representations and warranties stated in this Agreement,
the Designer makes no warranties whatsoever.
d) The Designer explicitly disclaims any other warranties of any kind, either express
or implied, including but not limited to warranties of merchantability or fitness for a
particular purpose or compliance with laws or government rules or regulations
applicable to the project.
12 Indemnification and Liability
a) The Clients shall indemnify the Designer from any and all damages, liabilities,
costs, losses, expenses and/or attorney fees arising out of any claim, demand, or
action by a third party due to materials included in Deliverables at the request of
13 Term and Termination
a) This Agreement shall begin when the Clients submit material to the Designer.
b) Either party may terminate this Agreement at any time, on 5 days prior written
notice if the other party breaches any of its material responsibilities and/or
obligations under this Agreement.
c) Either party may terminate this Agreement at any time, on written notice to the
d) In the event of termination, the Clients shall pay the Designer for the Services
performed through the date of the termination in the amount of a prorated portion
of fees due.
e) The Clients shall pay all expenses, fees, and additional costs incurred through the
date of termination.
a) The Designer grants to the Clients a non-exclusive, perpetual and worldwide
license to use and display the product in accordance with this Agreement.
15 Support Services
a) There are no ongoing support services offered by the Designer.
b) Notwithstanding clause 15(a) above, the Designer may at his discretion to offer
any assistance with compensation mutually agreed, or without compensation.
c) The Designer shall be entitled to addition compensation whenever there is
request for additional support.
16 Dispute Resolution
a) The parties agree to attempt to resolve any dispute by negotiation between the
b) If the parties are unable to resolve the dispute by negotiation, either party may
proceed with mediation or binding arbitration in a forum mutually agreed by the
c) Each party shall born own costs.
a) Failure by either party to enforce any right or seek to remedy any breach under
this Agreement shall not be construed as a waiver of such rights nor shall a
waiver by either party of default in one or more instances be construed as
constituting a continuing waiver or as a waiver of any other breach
b) If any of the provisions of this Agreement becomes illegal, invalid or
unenforceable in any respect under any law, the remaining provision of this
Agreement shall remain in full force and effect.