Subject to the terms of this Agreement, and contingent on Customer's satisfaction of Visual Idea's credit approval requirements, Visual Idea agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that Visual Idea generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a "Renewal Term") unless Visual Idea or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
i) Ownership Of Website Design
Upon completion of a custom website design and payment of web design and development fees by Visual Idea Network, the client is the owner of the commissioned website. The client may continue to use the commissioned website to promote the client’s company or organization regardless of whether he/she chooses to continue further services with Visual Idea Network. The client does not have the right to resell the design or development to other companies. The client does not have permission to reuse pieces of our work in a redesigned website that gives another company design credit.
ii) Ownership And Copyright
All text and photos used as content in a commissioned website must be provided by the client (unless the client has hired Visual Idea Network for content development). The Client warrants to Visual Idea Network that all materials submitted do not infringe any copyright nor contain any illegal or obscene information. The Client shall fully indemnify Visual Idea Network against all losses and damages whatsoever and howsoever arising from any legal actions by any party and any legal costs arising there from on any indemnity basis.
iii) Project Initiation & Working Estimate Time
The initiation of a web design or development project requires a signed or electronically submitted signup form, or payment of half of the initial web design/development fees (or payment in full if the entire project is RM2000 or less).
All projects may take 5 days or longer (Depend the projects requirement).
iv) Payment Policies
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work.
Upon project completion or website launched, the remaining fifty percent (50%) balance is due in full within ten business days. If the balance on a completed project has not been paid within ten business days, Visual Idea Network reserves the right to remove or terminate the launched website until the outstanding fee together with all interest had been paid by The Client.
Interest at five percent (5%) weekly compounded shall accrue in favour of Visual Idea Network on all amounts outstanding from the due date until the day of actual payment, as well as before judgment. Furthermore, the Client shall be liable to Visual Idea Network for all losses and damages whatsoever howsoever arising from failure to pay the outstanding amounts, including any legal action incurred to enforce (or to attempt to enforce) any of Visual Idea Network right on an indemnity basis.
v) Cross Browser Compatibility
We'll ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari.
vi) Changes To Terms Of Service
Visual Idea Network reserves the right to change these terms of service at any time for any reason.
4. Payments Shared, WordPress, VPS & Cloud
(a) Recurring Fees
Renewal notices are emailed seven days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged two days before your renewal notice is due. If your billing method is Paypal you will need to manually pay your invoice every month. All payments submitted for services are non-refundable outside of our 30-day refund policy. Service will be made inactive on accounts that are not paid by the 7th day past due. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. Visual Idea reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other. All orders made with a credit card are expected to work on the monthly renewal date each month. Any accounts made inactive for non-payment are subject to a RM 50 late payment fee. Any accounts terminated due to non-payment are subject to a RM 50 restoration fee once all past due invoices have been paid.
(b) Payment Terms
All payments to Visual Idea are non-refundable after the first 30 days of service. Within the first 30 days of a Quarterly, Semi-Annual or Yearly paid service you may request that it be converted to a Monthly subscription and the remaining balance will be refunded to your original payment method. If after the first 30 days of service you request the package to be converted to a different billing cycle any additional monies will be applied to your account in the form of credits and will not be refunded. Prior to paying a renewal invoice and before your renewal date, you may have your payment terms changed at no additional charge. If you wish to cancel a Quarterly, Semi-Annual or Yearly package prior to its renewal date, your package will be pro-rated to the nearest Monthly billing cycle and any remaining funds will be credited to your account. Any cancellation as the result of a violation of our TOS or AUP will be non-refundable.
(c) Credit/Debit card and your Address on File
When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month two days before your due date. For security purposes, your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.
(d) 30 Day Money Back Guarantee
All new Visual Idea Customers are eligible for the 30-day money back guarantee on all hosting packages upon written request, excluding VPS, Dedicated Servers and Domain Name Registrations. The definition of a new customer is one who has never purchased services from Visual Idea in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30-day money back guarantee. If the TOS/AUP agreed upon when ordering has violated this voids your eligibility for the 30-day money back guarantee. Visual Idea reserves the right to deny the refund if we feel abuse of services has occurred.
(e) Payments (Dedicated Servers)
We do not offer a 30-day money back guarantee on Dedicated Servers. Renewal notices are emailed seven days before the service due date. If your billing method is Paypal you will need to manually pay your invoice every month by the due date at 12 PM EST. All renewals made with a credit card are expected to work on the day your card is charged. In the event you fail to pay your invoice by the due date, we reserve the right to suspend your entire account and a late fee of RM100 applies. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. If your invoice is still not paid by the 7th day past the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.
5. Cancellation and Early Termination Shared, WordPress, VPS & Cloud
Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Visual Idea terminates the Agreement for Customer's breach of the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section 12 (Termination) for Visual Idea breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer acknowledges that the cancellation notice or downgrade of the current package is to be submitted to KnownHost prior to the following renewal date or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
Cancellation request must be submitted to the billing department
Cancellation request must be submitted from the main email address on file with Visual Idea Network.
Cancellation request must contain the main IP address and hostname of the hosting plan you wish to cancel