Quotation & Invoice
The standard validity of ALL quotations & invoices is thirty (30) days. IdeaBatch reserve the rights to amend the given Quotation or Invoices after the standard validity period.
All payments are due and payable upon receipt to Idea Batch Venture (CIMB Account No: 8602305652). Any payment received will not be returned to the Client for any reason.
Any material handover by client related to the project must be clear, organized and listed systematically for IdeaBatch to begin work immediately. Client agrees that there might be extra charges in the case of any extra work cause by client such like sort out information, extra photo touch up, additional research, additional license material used and etc. The final work shall fully handover to client after final payment.
In order to carry out the assignment, we shall have full access to the staff member and their cooperation associated with the project, and to the other advisers as and when required. We shall endeavour to schedule meetings ahead of time. We shall also have full access to data and information as this assignment may reasonably require. In addition, you agree to keep us informed of any material developments or proposals in relation to the business or operations where these may have an effect upon the project and shall provide the relevant staff for the mobile application or web development and its contents.
Your mobile application or web template, design and content may not be distributed, sold, resold, rented, leased, lent, published, transmitted, retransmitted, disseminated, broadcasted, circulated, or sub licensed or otherwise transferred without your written authorization or, in the case of host content, the written authorization of the event host. Similarity of design and content structure will not be covered if different business model is host by different owner. We must be able to source appropriate photos (free from copyright infringement) and/or work around with the existing photo. Your mobile application or web should be customized to your products and services. Your mobile application or web should exhibit modern features and project professionalism.
As the hosting expenditure is paid to the third party service provider(s) in advance on annual basis, you are aware and are agreeable on the non-refundable terms for the payment based on invoice due to any forfeit, suspend or any necessary consequences. If you did not fulfil the payment terms as per stated in this agreement, we have the right to stop or terminate this agreement, our services or whatever development under this agreement.
Finished Assembled Work
Upon work completion there will be another sign-off to ensure all requirements is delivered, tested and approved by you which mean the completion is ready for production. If the project is idle or in inactive status for 30 days, we have the right to stop or terminate whichever development under this agreement with non-refundable.
Change in Requirements
Client may request that reasonable changes be made to requirements and tasks associated with the implementation of the requirements. If client request such a change, the developer will implement the requested change at no additional cost to the client of the mobile application or web. In the event that the proposed change will, in the sole discretion of the developer, required a delay in the delivery of the mobile application or web or would result in additional cost to the client, then the client and the developer shall confer and the client may either withdraw the proposed change or require the developer to deliver the mobile application or web with the proposed change and subject to the delay and/or additional cost.
Either party is entitled to terminate the Service Agreement with one (1) month notice to the other party. Should the termination occur prior to the expiry of an annual service period, there shall be no refund payable to the client.
Limitation of Liability
The importance to our work will be dependent on the full and correct information and representations supplied to us by the directors, employees and agents of your company. We shall not, save to the extent that the law requires otherwise, be held responsible or liable for any loss, damage, cost, expense or other consequences (together “losses”) in any manner, caused, incurred, sustained or arising if information material to our work is withheld or concealed from us or misrepresented to us, except and only to the extent finally determined to have resulted from our knowing disregard of matters of which we have actual knowledge, or from our wilful default. You agree that we shall not be liable for any losses, except in the proportion that, and only to the extent that, such losses are agreed between us to have resulted primarily from our breach of contract or negligence (or are finally determined to have so resulted on a just and equitable basis by a judicial or other process) and in no event (other than our wilful default) shall our liability exceed the fees paid to us for the portion of the services or work products giving rise to the liability.
Before the project is paid in full as specified in this agreement, IdeaBatch shall holds all rights to the materials. Once the project is completed and paid in full, you shall retain all of your rights in any text, images or other components your owns. You will own your mobile application or web text content. You will own your mobile application or web photography, videography, photographs, videos or any other media related asset which is protected by licensing agreement. You shall hold the copyright for the agreed upon version of the mobile application or web as delivered. You do not own the content management system (CMS) as in the framework is built across other host as well. You own the source code created in the language of the Web Server Platform that contains the logic and connectors to other software running on the server. Source code may also communicate with outside integrated system servers. You will own your mobile application or web source code on agreed terms with developer(s).
Client agrees to be included in the portfolio of IdeaBatch after the project completion, in which IdeaBatch may describe the scope of the project, publish images of the completed work as well as any information provided by the Client on the performance of the work.
We, our directors, employees and subcontractors agree that, except as directed by you or required under laws, we will not at any time during or after the term of this agreement disclose any information to any other party. Likewise, the client agrees that it will not convey any confidential information of the developer to another party save as required under laws.
Updated March 2020