PRODUCT SPECIFIC TERMS
Please read on before you proceed your order with usEffective Date: April 28, 2023
These Product Specific Terms, along with our Terms and Conditions and any policies or other legal terms referenced herein or therein, apply to your access to and use of specific products or services available via the Services. These Product Specific Terms are incorporated by reference into our Terms and Conditions. Any capitalized terms (or lowercase terms specifically defined in our Terms and Conditions) not defined in these Product Specific Terms have the meanings set forth in our Terms and Conditions. In case of a conflict or inconsistency, our Terms and Conditions shall govern, followed by these Product Specific Terms. If you have any comments or questions about these Product Specific Terms, feel free to contact us.
Table of Contents
1. Web Design
1.1 Web Design Responsibilities.
The Services include features that enable you to display brand, company, or corporate information to your end users through an interface accessible from the Internet.
1.2 Number of Pages
The Services include designing and developing the number of pages as stated in your official quotation. A page with a different layout would be considered a different page.
1.3 Number of Products
The Services include uploading and displaying your brand's products. Regardless of the number of products included in your quotation, all product pages must share the same layout, or they will be considered different pages.
1.4 Website Updates
The scope of website updates includes updating website content limited to text, images, and videos. Website updates are typically used to refresh your website's news, blogs, events, and corporate information. Website updates exclude any changes to the website's overall layout, design, structure, function, features, integrations, animation, and behavior.
1.5 Hosting Storage
All Web Design Services come standard with hosting on Jumix's server. Unless otherwise agreed upon in writing pre-sign up, your website will be hosted on Jumix's server without granting you access to the backend, control panel, server access, or Content Management System.
1.6 Language
In certain Web Design Services, your website will have more than one language. In these situations, the page layouts for both languages will be the same, with a toggle button on the website to change between the two languages.
1.7 Email
All Web Design Services do not include any email hosting services. You have to sign up with a third-party email provider to get access to your corporate branded email address, even if your domain is signed up with Jumix.
1.8 Browser Compatibility
Jumix makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g., Microsoft Edge, Google Chrome, etc.). You agree that Jumix cannot guarantee correct functionality with all browser software across different operating systems and devices. Jumix does not accept responsibility for web pages that do not display acceptably in new versions of browsers released before or after the website has been designed and handed over to you. Jumix reserves the right to quote for any work involved in changing the website design or website code to work with updated browser software.
1.9 Website Ownership
All designs, codes, integrations, systems, themes, templates, plugins, apps, frameworks, graphics, animations, and videos designed or developed by Jumix are owned by Jumix. Upon service cancellation, you automatically surrender access to all these materials. Data provided by you, such as images, write-ups, videos, graphics, and user data (email addresses, names, telephones), are owned by you. Data collected through your website belongs to you, and you are allowed to receive a copy of all this data in a zip file if you cancel our service.
1.10 Licensed Fonts
Portions of the Services may enable you to use fonts, typefaces, and related software and designs that we have obtained the right for you to use (collectively, "Licensed Fonts") on or in connection with the Services, such as on your sites or in your videos. Some fonts used with the Services are Third Party Services and are not Licensed Fonts. Unless we tell you otherwise: (a) you may only use Licensed Fonts solely on or in connection with your sites, your videos, or other materials you create and/or distribute using the Services; and (b) you may not modify the Licensed Fonts. You may only use a Licensed Font as permitted by the Services and only as intended. For example, if a Licensed Font is intended for use on your Jumix website, you may not use that Licensed Font in your videos or use that Licensed Font on a website that is not hosted or created using the Services.
1.11 Minimum Commitment
Unless otherwise agreed upon in writing, the minimum subscription period for all Web Design Services shall be twelve (12) months.
1.12 Project Management
For Start-Up and BizWeb plans, upon sign-up, we'll manage your website project for a maximum of 90 days. For Start-Up and Elite or custom plans, upon sign-up, we'll manage your website project for a maximum of 120 days.
Project Management includes communication with you and our team, involving tasks such as texting and calling you to collect materials, answering your questions related to your website project, making design changes to your website, and updating content on your mock-ups.
If your project extends beyond the initially projected days, additional fees may apply.
If you wish to pause your website project, please notify us at least 30 days in advance. The maximum pausing period is 60 days, and there is a 30-day grace period for us to prepare when you want to resume your website project.
If you reactivate your website project after 12 months from sign-up, activation fees will be charged.
1.13 Cancelling Automatic Subscription Renewals
Notwithstanding anything to the contrary in the Terms and Conditions or elsewhere in the Services, cancellation of auto-renewal of the Select Services can only be requested by contacting your Account Manager or emailing us at sales@jumix.com.my thirty (30) business days prior to the end of your then-current subscription term.
1.14 Publicity
We may ask you to participate in a case study or provide a testimonial relating to your use and/or experience with the Web Design Services. Such case study or testimonial may be accessible or distributed publicly, including on our websites, through our advertising partners, through marketing materials, and/or in white paper form. Your participation in any such case study or testimonial is voluntary, and should you agree to participate, you will be able to approve the materials prior to their finalization, provided that your approval shall not be unreasonably delayed or withheld (which may be determined based, among other factors, on the circumstances of your agreement to participate, commitments or promises to participate, and the extent of your involvement). For the avoidance of doubt, nothing in this section shall be construed to limit or derogate our rights set forth in the Terms and Conditions.
Definitions:
"Page" is an individual link accessible via an internet browser (e.g., https://jumixdesign.com/about-us is a page). A link that is accessible within a page, where it is still within the same domain, is also defined as a page.
"Banner" is a static graphic that is typically displayed in the top section of a web page.
"Contact form" is a website feature that allows end users to submit information via the website and then sends the information to an email address.
"Product" is an item displayed on an individual page in an individual link or shares the same link with other products.
"Content Management System" is a software solution used for website and mobile app development that provides the ability to create, publish, and edit various pieces of digital content, including but not limited to text, images, and videos.
"Maintenance" means the activities included to maintain your website online. This includes ensuring the website is accessible, the user interface is viewable, and basic features included in our Services are workable. This excludes fixing any errors caused by you, server-related issues, domain-related issues, service discontinuation due to billing issues, third-party software and services, and any events beyond our control, as stated in our Terms and Conditions.
"Support" means Jumix will reply to your emails and messages made officially via our official support portal, accessible at https://support.jumixdesign.com.
"Support hours" means 9 AM to 5 PM (GMT+8), Mondays to Fridays, excluding public holidays.
2. eCommerce
2.1 eCommerce Responsibilities
The Services include features that enable you to provide or sell products and services to your End Users (referred to as "Your eCommerce"). We are not a party to, and we are not liable for, Your eCommerce. You are solely responsible for Your eCommerce and compliance with any laws or regulations related to it. This includes the following:
2.1.1 Taxes
You are solely responsible for all taxes and fees associated with Your eCommerce, including any taxes related to the purchase or sale of products or services. It is your responsibility to collect, report, and remit required taxes to relevant government authorities. You must inform your End Users of required taxes and provide them with invoices as required by applicable law. If you are required to register for indirect taxes in specific countries, it is your responsibility to do so. Any tax estimates or related materials provided by us via the Services are for illustration purposes only, and you should not rely on them to comply with your tax obligations. We do not provide tax advice, and nothing we communicate should be interpreted as such.
2.1.2 Fulfillment and Delivery
You are solely responsible for fulfilling and delivering your products and services to your End Users.
2.1.3 Claims and Warranties
You are solely responsible for any claims or warranties you make in connection with Your eCommerce and for handling any claims made by End Users against you.
2.1.4 Customer Service
You are solely responsible for handling any comments or complaints related to Your eCommerce, including issues related to payments, promotions, refunds, or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.
2.1.5 Site Terms, Policies, and Legal Compliance
In addition to your obligations set forth in the Terms of Service to provide certain policies, you agree to post and make clearly available on Your Sites any other terms or policies that may be required by applicable law. You warrant that Your Sites and Your eCommerce, as well as your conduct, will comply with all applicable laws and regulations. We do not provide legal advice regarding such terms, policies, or compliance.
2.1.6 Consumer, eCommerce, and Other Laws
You are responsible for complying with any consumer, eCommerce, products, goods, services, and related laws.
2.2 eCommerce Restrictions
You may not offer or sell any products or services that we, in our sole discretion, consider hazardous, counterfeit, stolen, fraudulent, abusive, or adverse to our interests or reputation. You are prohibited from selling products or services that are prohibited for sale, distribution, or use, or that fail to comply with any applicable laws or regulations. This includes, but is not limited to, laws and regulations related to intellectual property, trade secrets, privacy or publicity rights, consumer protection, shipping or transportation, product safety, or trade regulations or export controls, regulations, or sanctions.
2.3 eCommerce Suspensions
We may, at any time and in our sole discretion, suspend, restrict, or disable access to or remove your Account, Your Sites, or Your eCommerce without notice. This may occur without any liability to you or to any End Users, except where prohibited by applicable law. For example, we may suspend Your eCommerce if you violate our Terms and Conditions.
2.4 eCommerce Payment Processors
To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third-party payment processors ("eCommerce Payment Processors"). Your relationship with such eCommerce Payment Processors is governed by their terms and policies. We do not control and are not liable for any eCommerce Payment Processors or any transaction you may enter into with or through them. eCommerce Payment Processors are considered Third Party Services as defined in our Terms and Conditions. We may, at any time and in our sole discretion, suspend, restrict, or disable access to or remove any eCommerce Payment Processors from the Services without notice. This is done without any liability to you or to any End Users, except where prohibited by applicable law. Your eCommerce Payment Processors may provide invoices for any transaction fees associated with Your eCommerce transactions.
2.5 eCommerce Website Ownership
All designs, codes, integrations, systems, themes, templates, plugins, apps, frameworks, graphics, animations, and videos designed or developed by Jumix are owned by Jumix. If you cancel the service, you automatically lose access to all these materials. However, data provided by you, such as images, write-ups, videos, graphics, and user data (email addresses, names, telephones, addresses), are owned by you. Data collected through Your Website also belongs to you, and you have the right to obtain a copy of all this data in a zip file should you cancel our Service.
Definitions:
"End Users" refers to individuals or users who use your eCommerce, whether they visit your eCommerce URL, click a link, register an account, add a product to the cart, check out, or make payments.
"eCommerce Payment Processors" refers to any companies or banks responsible for processing payments on your eCommerce, whether it's through e-wallets, credit cards, debit cards, internet banking, or any other methods.
3. Branding
3.1 Services Scope
Jumix will provide the Services to you as outlined in the Creative Brief and these Terms. The Creative Brief will be prepared by Jumix upon the commencement of the Service.
3.2 Timeline
If appropriate for the Services, we may provide estimates for phases, milestones, or completion dates. However, please note that these dates are only estimates, and time is not of the essence for the performance of the Services or completion of Deliverables. Factors may arise during the course of the Services that can impact the estimated timeline. In such cases, we will communicate any changes to you as soon as possible, especially if you have specified key milestone dates in your Instruction.
3.3 Amendments
During the performance of the Services, you have the right to request changes to the Creative Brief. The first two Amendments are included in our quotation, provided that they are not material or result in changes to the Instruction, its scope, the personnel required, or additional time or cost for Jumix. If the requested Amendments exceed the two included ones, additional charges may apply, and a new quotation will be provided. We will notify you of any adjustments to the quotation or timescale resulting from Amendments before continuing with the Services.
3.4 Acceptance of Works
If multiple versions of Works are produced, you are entitled to choose and use only one version that aligns with the Creative Brief ("the Final Works"). If you wish to use additional versions, we can discuss this further, subject to agreement on an additional quotation. Any Works not chosen by you will remain our property and under our copyright.
3.5 Intellectual Property Rights and Use
Before using the Services, it is your responsibility to ensure that the content does not infringe upon the Intellectual Property Rights or Trademarks of any third party. Jumix does not conduct investigations in this regard, and by entering into a contract with us, you agree that you are solely responsible for conducting any necessary investigations and obtaining licenses for third-party Intellectual Property use, including associated costs. Neither Jumix nor anyone acting on our behalf will be liable for any disputes arising from or related to the use or infringement of any third-party Intellectual Property Rights in any jurisdiction. Please note that Jumix does not provide legal advice or assume responsibility for legal matters pertaining to your Instruction, Work in Progress, Services, or the protection of copyright or Intellectual Property Rights. It is recommended that you seek your own legal advice regarding the protection of your Intellectual Property Rights, including copyright for any branding, design, logos, images, or content that may result from the Services. Until Jumix has been fully paid for the Services, any Work In Progress or element of the Services will remain the property of Jumix.
3.6 Approval of Final Works Jumix will provide the Final Works to you for proofreading, preview, review, and approval in an Approved File Format, whenever possible, through email.
Definitions:
"Amendments" refer to changes made to Work in Progress that result in exceeding the estimated lead time, personnel requirements, or cost as set out in the Creative Brief or communicated by Jumix.
"Proposal" refers to the cost estimate provided by Jumix for the proposed Services based on the Creative Brief or Specification.
"Creative Brief" refers to the document that outlines the description and scope of Services required to produce the Deliverables, which is mutually agreed upon before the commencement of the Services and may be revised as necessary.
"Instruction" refers to any order, instruction, statement, work, or brief submitted by you for our Services following the acceptance of our Proposal based on the Creative Brief or Specification.
"Final Works" refers to the final versions of Work in Progress produced by Jumix, which are submitted to you for approval.
"Work In Progress" refers to any output or element produced by us during the performance of the Services, whether in a hard copy or digital format, including any Deliverables.
"Deliverables" refer to the products or services produced by Jumix based on your Instruction, whether performed in a single or multiple phases. This may include the production of the Creative Brief, mood board, design concepts, proofs, designs, images, artwork, copy, software, or other deliverables commissioned by you and specified in the Instruction placed with Jumix.
4. Digital Marketing
4.1 Marketing Management Service
4.1.1 You agree to provide Jumix with any necessary information and content within three (3) business days of our written request. This includes administrative account login access, as well as any information specified in job sheets provided by Jumix. Failure to provide the required information or content may result in a delay or inability to perform the Service, and Jumix will not be held liable for such failures.
4.1.2 You guarantee that the information and content provided to Jumix are either owned by you or that you have obtained the necessary permissions from the rightful owner to use them. You agree to hold Jumix harmless and defend us against any claims or suits arising from the use of the provided information or content.
4.1.3 For the purpose of performing the Service, you grant Jumix permission or access as follows: (i) Administrative access to your website, customer service management software, Content Management Service (CMS) account, Google Ads Manager, Facebook Ads Manager, Google Tag Manager, website traffic statistical tools, Google Analytics, social media accounts or webpages, and any other necessary accounts. (ii) Permission to communicate with third parties, including web designers and web developers. (iii) Permission to make changes to your social media accounts or webpages. (iv) Permission to set up social media accounts or webpages on your behalf.
4.1.4 Unless otherwise agreed, Jumix may use its official account to engage third-party providers such as Google.com, Facebook.com, Instagram.com, TikTok.com, and LinkedIn.com for the provision of Services.
4.1.5 You agree to use our Services for your business purposes only, limited to your entity and employees. You shall not permit any affiliated entities, agents, or third parties (including joint marketing arrangements) to use the Service or any portion thereof without prior agreement.
4.1.6 Our marketing service is provided continuously. This means that if you sign up for a 6-month service with us, it must be used within a continuous 6-month period, for example, from January 2023 to June 2023. If, for any reason, you need to temporarily pause the service, you'll need to provide us with a 30-day notice in advance. Such a pause can only last for a maximum of 60 days. If you need to pause for more than 60 days, reactivation charges will apply when you want to resume our service. If you have an invoice due, you'll need to settle it as the payment due date will not be paused.
4.2 Ads Spend
4.2.1 For the purpose of performing the marketing Service, you allow Jumix to decide how to use the Ads Spend and to increase it as deemed necessary.
4.2.3 In the event of early termination of the Agreement, any unutilized Ads Spend paid shall be utilized on or before April 1st of the subsequent year. Failure to utilize the unutilized Ads Spend by that date may result in Jumix retaining the funds without refund.
4.2.4 Any tax arising from the Ads Spend shall be payable by you.
4.2.5 If you decide to pay the Ads Spend to Jumix instead of directly to the social media or search engine provider, Jumix reserves the right to accept or reject such arrangement. If accepted, additional taxes and fees may be charged, and Jumix will have the discretion to determine the exact Ads Spend utilized, even if it does not fully exhaust the prepaid amount.
4.3 Results and Return on Investment (ROI)
4.3.1 Jumix does not provide any guarantee or warranty, either verbally or in writing, for any specific results, return on investment (ROI), return on ads spend (ROAS), clicks, click-through rate (CTR), views, impressions, or people reached as a result of the marketing Service.
4.3.2 Jumix will make best efforts and take necessary actions to achieve the estimated results as forecasted or pre-determined before the agreement.
4.4 Disclaimer
4.4.1 Jumix assumes no responsibility or liability for any errors, costs, losses, or disclosures related to content or other information that is not transferred or published on your Social Media webpages or accounts. This includes incidents resulting from malfunction in a transfer facility.
4.4.2 The Service provided by Jumix is on an "as-is" basis. We disclaim any and all express, implied, and statutory warranties applicable to your website or the marketing Service, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. This also includes any warranties arising from conduct or trade practice.
4.4.3 You acknowledge that the Social Media providers may make material changes to their websites and services, as they are third-party platforms.
4.4.4 Unless otherwise agreed, you are responsible for monitoring, managing, and responding to all messages and comments on your Social Media pages.
Definitions:
"Ads Spend" refers to the direct cost with an aggregate limit specified in the accepted Budget Allocation/Investment Plan. It represents the amount Jumix can spend to purchase online advertising media on your behalf for the marketing Service during the Service Period, excluding any tax.
"Management Fee" refers to the fee stipulated in the accepted Budget Allocation/Investment Plan for the time spent by Jumix in managing the purchased marketing Service over the stated period, excluding any tax.
"Management Fee" refers to the fee stipulated in the accepted Budget Allocation/Investment Plan for the time spent by Jumix in managing the purchased marketing Service over the stated period, excluding any tax.
"Search Engine" refers to a computer program, such as Google, used to search and identify items in a database that correspond to keywords or characters specified by a user, particularly for finding specific sites on the internet.
"Social Media" refers to your Facebook, YouTube, Instagram, TikTok, Xiao Hong Shu, Discord, or LinkedIn webpages or administrative accounts.
5. Domain
5.1 Domain Registration
If you choose to register a domain name(s) through Jumix, you acknowledge and agree that: a) You will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. b) Jumix does not offer refunds for domain name registrations for any reason, including misspellings of the domain name.
5.2 Domain Terms
By registering a domain name(s) through Jumix, you acknowledge and agree to the terms and conditions of the respective domain registry.
5.3 Non-Guaranteed Domain Registration
Jumix does not guarantee that it will be successful in its application for the requested domain name.
5.4 Domain Contact
If the application for the requested domain name is successful, Jumix will become the delegated domain name Administrative Contact, Billing Contact, and Technical Contact for the requested domain name.
5.5 Domain Transfer and Renewal
You are not able to transfer a domain name for the first sixty (60) days following registration. Jumix will renew your domain provided that: a) Jumix is the delegated domain name administrator, or the appointed reseller, or the invoicing party of your domain name at the scheduled time of expiry. b) You are the owner of the domain name at that time. c) You request Jumix to renew the domain name. d) You have paid the domain name renewal fee to Jumix.
If the domain name is not renewed on or before the expiry date, your domain name will expire, and your website may become inaccessible thereafter. You shall renew the domain name at your own cost and expense. If you fail to comply with conditions (a) to (d) set out in this clause (Domain Renewal) and you fail to renew the domain name, resulting in its expiration or inability to renew, you shall not make any claim or seek compensation from Jumix.
5.6 Domain Redemption Period
The Domain Redemption Period is an additional grace period provided by the registrar. It is imposed by the Registry and was instituted by ICANN to allow you a little more time to renew your domain name(s). To renew a domain name that falls under the Domain Redemption Period, a Domain Redemption Fee may apply.
5.7 Non-Guaranteed Renewal
Jumix does not guarantee that it will be successful in its application for the renewal of a domain name that has expired or falls under the Domain Redemption Period.
6. Term and Termination
These Product Specific Terms will remain in effect until our Terms and Conditions are terminated pursuant to the terms stated therein. All sections of these Product Specific Terms that, by their nature, should survive termination shall continue to be in effect even after termination. This includes, but is not limited to, sections relating to your responsibilities, representations, warranties, and disclaimers of any of the products or services referred to herein.
7. Modifications to Product Specific Terms
We reserve the right to modify these Product Specific Terms from time to time, and the most current version will be posted on our website. If a modification significantly reduces your rights, we will notify you in accordance with the procedures outlined in our Terms and Conditions. By continuing to use or access any of the products or services referred to herein after any modifications take effect, you agree to be bound by the modified Product Specific Terms and any associated price changes. If you disagree with our changes, you must cease using the applicable services and cancel any applicable paid services.