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Definitions:

The Client: The company or individual requesting the services of Crunchy Frog Productions (hereinafter known as "CFP").

CFP: The partners or their employees.

The contract between CFP and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

These terms apply to each user and/or visitor to the Website and/or customers of CFP and are governed by Malaysian law. Information on this Website is the property of CFP.

The materials contained in this site are protected by copyright law. The contents of the Website are available to any user and/or visitor for personal reference only and may not be reproduced in any manner whatsoever either in whole or in part without the prior written permission of CFP.

 

 

Crunchy Frog Productions reserves the right in its absolute discretion: 

(a) to add to or remove any material from the Website or to amend, alter, redesign or change anything contained in or on it at any time; and

(b) to monitor, suspend, revoke, or otherwise limit access to the Website at any time.

 

The use of this Website is at the visitor’s or user’s own personal risk. CFP does not warrant the content, accuracy or veracity of any material or other information on the Website nor does it warrant that the Website is free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.

The Website contains links to other sites or addresses on the web. External sites are not part of the Website and do not belong to CFP. CFP does not approve or endorse other websites nor is it responsible for their content.

Descriptions of, or references to products, services or publications within the Website do not constitute or imply their endorsement or recommendation in any way by CFP, its employees or contractors. No reference in the Website to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, shall be used for advertising or product endorsement purposes.

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, CFP cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The web server, website, graphics and any programming code done by CFP for The Client remain the property of CFP until all outstanding accounts are paid in full.

CFP 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 the brief will be carried out at the discretion of CFP and where no charge is made by CFP for such additions, CFP accepts 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.

The client agrees to make available as soon as is reasonably possible to CFP all materials required to complete the site. CFP will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

CFP will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. 

CFP will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

CFP cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

The client is expected to test fully any application or programming relating to a site developed by CFP before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live.

CFP will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Whilst CFP recommends hosting companies to host website’s, no guarantees can be made as to the availability or interruption of this service and CFP cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. The management and hosting of the domain name are the full responsibility of the client.

CFP reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial should the necessity arise.

Although CFP may assist in the setting up of Hosting Services or obtaining Domain names for the client, CFP is not responsible for issues relating to the same. 

It is the responsibility of the client to renew their domain names when due. If a domain name expires. CFP cannot be held liable for this. 

All website’s are configured to work on our server. Any clients wishing to use other servers will be responsible for having it configured so that it can be used on the server of their choice. CFP accepts no responsibility for the configuration and any costs incurred by client in relation to this. 

 

Payment of Accounts

A deposit is required from a new client before any work is carried out. All down payments and deposits received are non refundable. If The Client requires a deferment on the project timeline they should make that request in writing. 

It is CFP's policy that any outstanding accounts for work carried out by CFP or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless varied by prior arrangement with CFP  If accounts are not settled or CFP has not been contacted regarding the delay, access to the related website may be denied.

CFP will only commence work on projects after 50% payment has been made of the quoted project fee from the client, once the quoted project has been completed the remaining balance becomes due with immediate effect, unless otherwise agreed by CFP.  

CFP 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.

Should CFP not receive contact or responses by phone or email from the client for 180 days the Project will be terminated. Refunds will not be possible after this time period and The Client will forfeit any rights to work completed on their behalf under the agreed quoted sale.

CFP reserves the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by CFP.

CFP cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website.

Images purchased by CFP on behalf of the client are strictly for use on the website only. CFP are not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organizations.

CFP cannot be held responsible for anything adversely affecting the client’s business operation, sales, or profitability that they might claim is a result of a service offered by CFP.

Where we have been asked to provide search engine optimization for a client, we do not guarantee any specific placement or high ranking on search engines.

CFP will provide the client with an expected project completion date (live on the internet) if requested. We will endeavor to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date. CFP will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

CFP will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. It is the clients responsibility to check with CFP that open source software is being used or not.

Where applications or sites are developed on servers not recommended by CFP , the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.

Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by CFP or our client. 

All images displayed on the client’s website will only be used after authorization by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR CFP, they will be the sole responsibility of the client. 

CFP has no control of, or responsibility for, the content of our client’s web sites. In no way does the textual or image based content of our client’s web sites constitute CFP endorsement, or approval of the web site or the material contained within the web site.

CFP has not verified any of the materials, images or information contained within our client’s web sites and is not responsible for the content or performance of these sites or for the client’s transactions with them. CFP provides links or references to our client’s website’s solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.

The client must supply all information requested in writing by CFP within two months from the date of this request. If the client fails to supply this information in writing then the website project can be terminated by CFP and all monies paid may not be refunded. If content is not received within stipulated time by CFP the quote given to the client can be increased or the project cancelled at the discretion of CFP.

CFP are not liable for loss, damage or corruption to files or information stored on our servers or individual PC’s relating to a client’s website. The client is solely responsible for any information or files relating to their website. CFP reserves the right to revise and amend an initial quote to a customer where needed.

Unless otherwise explicitly agreed and stated, CFP s responsibility is limited to designing customers’ website’s and excludes the update, use, altering, maintenance, troubleshooting etc. of the customer’s website/s once online. CFP reserves the right to request additional payment to cover any or all of such work and/or to refuse to undertake such work.

CFP uses customers’ material e.g. text, information, photos etc. to design customers website’s. CFP is not responsible for these materials. The use of these website’s is at the visitor’s or user’s own personal risk. CFP does not warrant the content, accuracy or veracity of any material or other information on the customers’ website’s nor does it warrant that these website’s are free from errors, faults, viruses or other computer or data-corrupting or data-damaging material.

Descriptions of, or references to information, products, services or publications within the customers’ website’s do not constitute or imply their endorsement or recommendation in any way by CFP, its employees or contractors.

 

Exclusion of Liability

To the maximum extent permitted by law CFP excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor’s or user’s access to, or use of the Website, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if the Company has been advised of the possibility of such damage.