TERMS & CONDITIONS
Please take a moment to review our terms before placing your order.
By signing up for our services, you agree to the terms outlined below.
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Terms & Conditions
Terms
These Terms & Conditions (“Terms”) cover your use of and access to the sites, templates, products, applications, tools, services and features (collectively, the “Services”) provided by Jumix (as defined below), including without limitation during free trials, on the websites and associated domains of www.jumixdesign.com, www.jumix.com.my, Jumix web, mobile and other applications.
Please read this Agreement (as defined below) carefully! IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND COVERS AREAS SUCH AS AUTOMATIC SUBSCRIPTION RENEWALS, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, THE RESOLUTION OF DISPUTES BY ARBITRATION AND A CLASS ACTION WAIVER.
By using or accessing the Services, you’re agreeing to these Terms and our Privacy Policy (collectively, this “Agreement”). If you’re using the Services for or on behalf of an organization, you’re agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.
1. Creating Account
Make sure your account information is accurate and that you keep your accounts safe. You’re responsible for your accounts and any activity on them.
1.1. Signing Up. To use many of the Services, you must first create an account (“Account”). Different parts of the Services may require different Accounts. You agree to provide us with accurate, complete and at all times up to date information for your Accounts. We may need to use this information to contact you.
1.2. Staying Safe. Please safeguard your Accounts and make sure others don’t have access to your Accounts or passwords and other authentication credentials (collectively, “passwords”). You’re solely responsible for any activity on your Accounts and for maintaining the confidentiality and security of your passwords. We’re not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.
1.3. Sixteen And Older. The Services are not intended for and may not be used by children under the age of 16. By using the Services, you represent that you’re at least 16. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement and they may need to enter into this Agreement on your behalf.
2. Your Content
When you upload content to Jumix, you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our services. For example, when you upload a photo, you give us the right to save it and display it on your site or story at your direction. We also may promote or feature your site or story.
2.1. Your User Content Stays Yours. Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, music, audio, videos, fonts, logos, stickers, code, non-fungible tokens (“NFTs”) and associated content, and any other materials (“User Content”). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement.
2.2. Your License To Us. When you provide User Content via the Services, you grant Jumix (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
2.3. Featuring Your Site. We may choose to feature Your Sites, names, trademarks, service marks or logos included on Your Sites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of Jumix marketing and promotional activities. For example, we may feature Your Sites on our Templates page, on the Clientele, Portfolio sections of our sites or on our social media accounts. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites and any right of inspection or approval of any such use. You can opt out of being featured through by having a separate agreement before you access and sign-up for our Services.
3. Your Responsibilities
You’re responsible for the content you publish on Jumix, and you vouch to us that it’s all okay to use. Please follow our rules and don’t do anything illegal with the services. Also keep in mind that what you upload may be publicly viewable.
3.1. Only Use Content You’re Allowed To Use. You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your User Content via the Services and in the manner set forth in this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others’ intellectual property, trade secret or other rights. Please don’t copy, upload, download or share content unless you have the right to do so.
3.2. Follow The Law. You represent and warrant that your use of the Services is in compliance with applicable laws, including without limitation applicable export or import controls and regulations and sanctions.
3.3. Share Responsibly. The Services let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We’re not responsible for what you share via the Services.
3.4. Your Sites And Your End Users Are Your Responsibility. Your Sites may have their own visitors, customers and users (“End Users”). You understand and agree that (a) Your Sites and your End Users are your responsibility; (b) you’re solely responsible for providing products, services and support to your End Users; (c) you’re solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users; and (d) your ability to create, share or otherwise operate Your Sites may be limited by the extent to which Your Sites include Licensed Content (as defined and described in our Product Specific Terms). We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
3.5. Your Videos Are Your Responsibility. You understand and agree that (a) Your Videos are your responsibility; (b) you’re solely responsible for compliance with any laws or regulations related to Your Videos; and (c) your ability to create, share or otherwise use Your Videos may be limited by the extent to which Your Videos include Licensed Content. We’re not liable for, and won’t provide you with any legal advice regarding, Your Videos. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
4. Third Party Services And Sites, User Content
If you use or connect another service on or to Jumix, follow a link to another site or work with someone you find on or through Jumix, what happens is between you and them. We’re not responsible for it or what either of you do.
4.1. Third Party Services. The Services are integrated with various third party services and applications (collectively, “Third Party Services”) that may make their content, products or services available to you. Examples of Third Party Services include certain domain name registration services, web hosting services, social media platforms, eCommerce Payment Processors, extensions, plugins (as defined below) and other integrations or extensions, stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. Any information that a Third Party Service collects, stores and processes from you or Your Sites will be subject to such Third Party Service’s terms of service, privacy notice, or similar terms, and will not be subject to our Privacy Policy. Therefore, please evaluate and ensure you trust each Third Party Service prior to connecting Your Site to its services. Each Third Party Service is solely responsible for providing all support, maintenance and technical assistance to you with respect to their services (including their interoperation with Your Sites). When using Third Party Services, your security is your responsibility. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. We may receive a revenue share from Third Party Services that we recommend to you or that you otherwise engage via the Services. You agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
4.2. Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do.
4.3. User Content. The Services or sites, stories, or videos created using the Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others’ computers or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By operating the Services, we don’t represent or imply that we endorse your or other users’ User Content, or that we believe such User Content to be accurate, useful, lawful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You’re responsible for taking precautions to protect yourself, your Accounts, and your computer or network, from User Content accessed via the Services.
4.4. Plugins and Extensions. The Services may include plugins and extensions which enables you to access and connect certain Third Party Services to Your Sites. You decide (not us) to connect, enable or use such Third Party Services. We’re not a party to, and we aren’t liable for, the Third Party Services connected to Your Sites or otherwise. In accordance with Section 4.1, the relationship for these Third Party Services is strictly between you and the applicable third party, and your use of such Third Party Services is governed by the applicable third party terms and policies. The inclusion of Third Party Services on our Services shall not be deemed an endorsement, certification, affiliation, partnership or warranty of the Third Party Services by Jumix.
5. Our Intellectual Property
Jumix is protected by various intellectual property laws. This section summarizes what we own and how we share.
5.1. The Services are, as between you and Jumix, owned by Jumix, and are protected by copyright, trade secret, trademark and other Malaysia and foreign laws. This Agreement doesn’t grant you any right, title or interest in the Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Services or others’ User Content.
5.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
5.3. Our Demo Content. We may provide mock-ups, wireframes, proposals, templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video (collectively, “Demo Content”), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not remain on Your Site or in Your Videos or be distributed, publicly displayed, publicly performed or otherwise published.
5.4. Templates. The Services include social, website or other templates (collectively, “Templates”). The Templates include without limitation Demo Content, designs, layouts, stickers, stamps, overlays, elements and other materials. Jumix owns the Templates. You may not use any Template in any way, intentional or otherwise, that competes, as determined by us in our sole discretion, with the Services.
6. Our Rights
To operate effectively and protect the security and integrity of Jumix, we need to maintain control over our services.
6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts or all of Your Sites or your User Content; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Services in that jurisdiction).
6.2. Ownership Disputes. Sometimes ownership of an Account or site is disputed between parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.
6.3. HTTPS Encryption. We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.
7. Our Rights
Our Privacy Policy explains how we collect, use and share your personal information for our own purposes.
7.1. Privacy Policy. By using the Services, you confirm that you have read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement and we may change it from time to time.
7.2. You Must Comply With Data Protection, Security And Privacy Laws. You agree and warrant that you are solely responsible when using Your Sites or the Services for complying with applicable data protection, security and privacy laws and regulations, including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use Your Sites and the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies on Your Sites (including, in particular, those which we place for you at your request as part of the Services, such as to undertake analytics for you).
7.3.1. Privacy Policies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant privacy policy.
7.3.2. Cookies And Similar Technologies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant cookie policy. You must capture valid consent, both for you and us, for any cookies or similar technologies used on or through Your Site (including those we drop on your request or with your permission) where required, including, where applicable, by the EU e-Privacy Directive/Regulation and under national laws implementing the same.
7.4. Industry Specific Compliance. If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, except to the extent Jumix has agreed with you in writing otherwise. You are not permitted to use the Services in any way that would subject Jumix to an Industry-Specific Regulation without obtaining Jumix’s prior written agreement.
7.5. Protect And Improve The Services. You agree that we may protect and improve the Services through analysis of your use of the Services and/or your End Users’ use of Your Sites in anonymized, pseudonymized, de-personalized and/or aggregated form. If applicable law requires, you must explain this in your privacy policy.
8. Copyright
We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
9. Paid Services and Fees
This section explains how we handle payments for those paid services. For certain paid services, such as domain registrations and site subscriptions, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you disable auto-renewal or cancel your subscription. You can do that anytime.
9.1. Fees. You can access certain portions of the Services by submitting a fee payment (such services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don’t pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, within your eCommerce Payment Processor account(s) and/or on a mobile app store invoice, unless otherwise indicated. Please note that different Paid Services have different fees and payment schedules, and canceling one Paid Service may not cancel all your Paid Services.
9.2. Taxes. All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so. If you’re exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If Jumix has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where Jumix does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we’ll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you’re on a yearly subscription plan, each billable renewal period will be for one (1) year. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via the Services.
9.4. Refunds. While you may cancel any Paid Services at any time, you won’t be issued a refund except in our sole discretion, or if legally required.
9.5. Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don’t agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.
9.7. Our Payment Processor. We may use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. If the Payment Processor is Stripe, then your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
9.8. Fees For Third Party Services. Third Party Services purchased via the Services may be subject to different refund or other policies that those Third Party Services determine, and such Third Party Services may be non-refundable. The purchase terms and conditions for such Third Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It’s your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of Third Party Services.
10. Termination
Either of us can end this agreement at any time.
This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any by giving us 30 days’ notice in advance. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.
11. Warranty Disclaimers
We work hard to make Jumix great, but the services are provided as is, without warranties.
11.1. Disclaimers. To the fullest extent permitted by applicable law, Jumix makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available”. Jumix also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Jumix, shall create any warranty. Jumix makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.
11.2. Exceptions. Under certain circumstances, some jurisdictions don’t permit the disclaimers in Section 12.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.
12. Limitation of Liability
If something bad happens as a result of your using Jumix, our liability is capped.
Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Jumix and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Jumix has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of Jumix for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Jumix in the twelve (12) months immediately preceding the event that gave rise to such claim. If you are an EU Consumer, Jumix is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors or other vicarious agents. An “EU Consumer” means a natural person acting for purposes outside their trade, business, craft or profession (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area.
13. Indemnification
If you do something that gets us sued, you’ll cover us.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Jumix and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) (collectively, “Losses”) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Jumix may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.
14. Notice
What kind of communication serves as an official notice.
14.1 Notice To You. Jumix may provide any notice to You under this Agreement by:
- Posting a notice on the Jumix Website; or
- Sending a message to the email address that associated with Your account.
14.2 Notice To Us. To give us notice under this Agreement, You must contact Jumix as follows:
- By email to admin@jumixdesign.com
- By personal delivery, overnight courier or registered or certified mail to:
Jumix Sdn Bhd
5, Persiaran Pantai Jerjak 11,
Sungai Nibong, 11900
Bayan Lepas, Penang, Malaysia.
15. Additional Terms
This section includes some additional important terms. For instance, this Agreement is the whole agreement between us regarding your use of Jumix. Depending on where you reside or have your place of business, this Agreement is governed by Malaysia law. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to cancel. Also, if you’re reading this in a language other than English, note that the English language version controls.
15.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Jumix regarding the subject matter of this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement (except otherwise agreed upon in additional terms between you and Jumix that sets forth such Jumix’s third party beneficiary rights to enforce this Agreement).
15.2 Waiver, Severability And Assignment. Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice. If you are an EU Consumer, we will ensure that the delegation, transfer or assignment does not adversely affect your rights under this Agreement.
15.3. Modifications. We may modify this Agreement from time to time, and will post the most current version on our site. Modifications will not apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Services and cancel all Paid Services.
15.4. Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, pandemic, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.
15.5. Translation. This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.
Product Specific Terms
Effective 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, Launch, BizWeb and Launch plans, upon sign-up, we’ll manage your website project for a maximum of 90 days.
For Elite, Prime 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.
1.15 Deliverables Validity
All items in your package are valid for 12 months from the sign-up date. This applies to items such as Custom Pages, Adaptation Pages, contact forms, and all design and development deliverables.
Example:Â If you sign up for an 8-page package and only utilize 7 pages within the first 12 months, and you wish to create the 8th page after 15 months, you will be charged separately for the 8th page as it falls outside the 12-month validity period.
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.
Terms of Service
Terms of Service
By placing an order with Jumix or making payment of our invoices, you confirm that you are in agreement with and bound by the terms of Service outlined below.
Depending on the product and service you have signed up for, you are also bound by the terms stated on our Product Specific Terms page here.
Payment Terms
- Deposits are non-refundable if a project is abandoned midway.
- Any outstanding balance must be cleared within 14 days from the due date.
- If payment remains uncleared for more than 14 days post-project completion, we reserve the right to halt further work or suspend your account, as applicable.
- We are not liable for any delays or failures in providing quoted services due to unpaid invoices.
- Additional feature requests not included in the quotation will incur extra costs, payable before implementation.
Design Changes and Alterations
- We accept requests for design changes and alterations deemed “reasonable” by us. However, we request settlement of any outstanding balance before considering any change requests, except in cases of design discrepancies or our own errors.
- Revisions are typically limited to three rounds unless otherwise specified in your quotation. Any additional changes will be subject to additional charges.
- Requests for changes or alterations should be submitted within 2 weeks after work submission; we retain the right to decline requests made beyond this timeframe.
Scope of Work
- Our services encompass web design, web development, and internet marketing. If you engage our web design service exclusively, our scope of work is confined to web design.
- We do not offer services beyond web design or internet marketing, such as creating email accounts or configuring email clients.
- While we offer support to clients renewing yearly, certain customizations are billable and not covered under free support. Refer to our page on “Understanding The Differences Between Support and Customization” for clarification.
Project Delays and Client Liability
- While we make reasonable efforts to meet proposed service dates, these dates are estimates, and we bear no responsibility for failure to meet them.
- Upon completion of the work, you must provide written feedback on any unsatisfactory aspects within 14 days of receiving the notification. Once the work is approved or deemed approved, it cannot be rejected subsequently, and the project is considered complete. At this stage, any outstanding balance of the project price becomes due within 14 days.
- Should you necessitate a delay in project development, you are obligated to settle any outstanding balance. We will resume work upon receiving the necessary information.
- We reserve the right to suspend your website or cease providing marketing services if payment is overdue for more than 14 days.
- If your website remains suspended for more than 30 days, we will impose a late payment interest rate of 1% per month on the outstanding balance.
- Reactivating a suspended website beyond 30 days will require payment of both the outstanding balance, late payment interest and a reactivation fee.
Supply of Materials
- You are responsible for providing all relevant information and materials necessary to complete the project in accordance with the agreed specifications. These materials may include photographs, logos, branding guidelines, written content, and any related materials.
- Any delay in supplying these materials that leads to a project delay gives us the right to extend previously agreed-upon deadlines.
- We are not liable for copyright infringement issues related to materials you provide. All content should be original and legally sourced.
- Graphics, videos, or materials created for the web design project are specific to the web and not intended for use on other platforms or formats. If you require such materials for other uses, separate arrangements are necessary, and you may require our printing design services, for instance.
After Sales Support
- Support is primarily provided through our support portal and support email, unless a separate agreement is reached in advance.
- Each support ticket submission is assigned to an agent based on priority level, ensuring prompt addressing of client requests and issue resolution.
- We categorize support into three priority levels:
- “High” priority: Response within 3 business hours for urgent issues affecting accessibility.
- “Medium” priority: Response within 24 business hours for requests that do not significantly disrupt operations.
- “Low” priority: Response within 48 business hours for issues with solutions available in the support portal.
- Our free support excludes certain areas, such as server downtime, slow website loading, email malfunctions, SEO ranking, browser compatibility, customization features, and content or layout changes.
- Support operates on business days, Monday to Friday, from 9 AM to 5 PM, GMT+8.
- Additional training due to staff changes, change of person-in-charge, staff resignations can be provided at an extra cost.
- Support and service warranty are offered as one-time, one-owner licenses, available only to the website owner. In case of a change in ownership, hosting provider, business relationship, our support ceases, and the warranty is void.
- Respectful communication is expected, and we reserve the right to discontinue communication or support in response to offensive language, spamming, excessive demands, or disrespectful conduct towards our team. In such cases, your service subscription may be terminated, and we are not obligated to continue serving you or your website.
Browsers Compatibility
- We will ensure proper functionality on the latest version of Google Chrome, at a best effort basis.
- Compatibility with other browsers is not assured.
- Phrases like “Mobile Friendly,” “Mobile View Ready,” or “Responsive Design” imply adaptability to different devices and browsers, but differences may arise due to the vast variety of mobile phones and browsers available.
Subcontracting and Outsourcing
- We retain the right to subcontract or outsource services as we deem necessary.
Server Hosting Policy and Fair Use
- We strive to maintain hosted websites with an average yearly uptime of 99% or higher. This uptime guarantee excludes scheduled maintenance or downtime due to natural disasters or uncontrollable events.
- While we aim to provide reliable service, we do not guarantee a completely fault-free service. Any service issues should be reported to Jumix’s Technical Support for prompt resolution. However, we are not responsible for service interruptions or server downtime.
- Our website design and eCommerce service share server resources, tailored for individuals and small businesses and may not be suitable for large enterprises or applications requiring a dedicated server.
- We do not set specific limits on website traffic or content upload volume in a given month, as long as the client’s use complies with the terms and conditions. In most cases, clients should accommodate legitimate traffic levels. However, Jumix reserves the right to impose limitations on processor time, bandwidth, processes, memory, or the number of files if necessary to prevent negative effects on other clients.
- To maintain optimal data transfer rates for all shared hosting customers and prevent excessive bandwidth usage in a shared environment, certain activities that consume heavy bandwidth, such as file sharing or game servers, are discouraged. Bandwidth usage is monitored daily, and repeated excessive usage may result in the requirement to upgrade the hosting plan or potential account suspension.
- For high data transfer rates, increased resources, and dedicated bandwidth, an upgrade to a Cloud server account or a Dedicated Server is recommended to ensure optimal resources for your website.
Warranty and Ownership of Intellectual Property Rights
- We are not liable for any errors, data loss, downtime, security breach, or other adverse consequence arising from, directly or indirectly, any access to, or modification of, the website back-end, content-management system (“CMS”), software, plug-ins, or web applications by you, your employees, agents, contractors, or any third party acting on your behalf.
- Access to the website’s content management system is typically not provided unless a pre-sales agreement specifies otherwise. Our team manages your website.
- During the project period, if you’ve only paid a deposit, we retain ownership of the design and development work, allowing us to add, edit, or remove content or the entire website as needed.
- The website operates under a Software-as-a-Service (SaaS) licensing model. You are granted a non-exclusive, non-transferable, and revocable right to use the website and its features for the duration of your active service agreement with Jumix. You do not own the underlying code, platform, or system architecture.
- A default attribution credit will appear in the website footer, such as: “Website by Jumix”, “Web Design by Jumix”, “Powered by Jumix”, or other similar branding.
- This credit is embedded and controlled by Jumix as part of the core software framework, similar to software trademarks in licensed products (e.g., “Microsoft” in Microsoft Office). It is not configurable, alterable, or removable by the client.
- Unauthorized removal, concealment, or tampering with this attribution is strictly prohibited and constitutes a breach of our licensing terms. If you require a white-label solution without Jumix branding, a separate agreement and white-label licence must be obtained in advance, and additional licensing fees will apply.
- Any attempt to (i) circumvent, remove, or alter Jumix’s copyright notice, licence keys, or security measures; (ii) reverse-engineer, decompile, copy, or otherwise exploit our proprietary code or design frameworks; or (iii) gain unauthorised access to Jumix servers or systems constitutes a material breach. Upon such breach, Jumix will immediately terminate support and may pursue all available legal and equitable remedies, including injunctive relief and damages.
- As long as you have any outstanding fees related to the website design project, Jumix retains ownership and copyright of the website. Domain ownership is transferred only upon settlement of all outstanding balances, including web design service fees, domain fees, web hosting fees, and other related service fees. While ownership remains with Jumix, we have the right to add, edit, and remove any content and design as we see fit.
- The website’s content management system, design, UI/UX, eCommerce platform, Meta analytical tools, management tools, SEO tools, and Google Ads-related tools are owned by Jumix and are not transferable under any circumstances.
- As a client of Jumix, you only have full ownership of your domain name. The website platform and its related tools, add-ons, plugins, and software belong to Jumix.
- Upon cancellation of services and settlement of all outstanding fees, you may request to export form-submission data collected via your website during the service period. This includes data such as contact form submissions, order history, and customer lists—if applicable.
- This export is limited strictly to user-submitted data only. It does not include any part of the website’s framework, codebase, software files, images, design assets, or server-side databases. These remain the sole property of Jumix and are not transferable under any circumstances.
- For marketing management services, ownership of any Facebook Page set up by or for you will be transferred to you upon full payment for the marketing engagement. Facebook Ad Accounts created remain the sole property of Jumix. We are under no obligation to share, transfer, or grant access to such Ad Accounts or their data.
- We do not provide editable files or native files (e.g., .ai files) to clients for any completed artwork.
Refund Policy
- We do not offer refunds once payment is made.
- Refund requests will not be entertained for reasons such as a change of mind, financial issues, personal issues, regret, wrong purchase, or unsatisfactory service, without a valid reason (as mentioned below).
- A refund will be provided if we fail to initiate the project or fail to deliver the project as stated in the invoice. However, if additional requests or features were added after the initial discussion and quote, failure to deliver those specific additions will not be considered a “fail to deliver” situation.
- Concerning Marketing services, if you run prohibited, restricted, misleading, or any ads that violate Facebook’s ad policy, and your account is flagged or disabled, we will only refund the remaining Ads Spend balance, excluding any amount from the management fee you have paid. If you are found running prohibited ads that result in our Facebook ad account being flagged, we will charge you a one-time fee of RM5,000 for the loss of our Ad account.
- For contracted services like Facebook marketing and Google AdWords management, if you wish to terminate or end the contract before the end date, we will not refund any management fees under any circumstances. We will only refund the prepaid Ads Spending budget (if paid to us).
Extended Warranty/Support
All plans with a standard yearly renewal fee will receive free support via email and through our support portal. Once the free support period has ended, you can choose to purchase an extended warranty or support period. If an alternate support period is mentioned in your quotation or invoice, it will override and supersede the statement provided herein.
Disclaimer
- All businesses conducted by our clients are their own assets, liabilities, and rights. We are not involved in any way in the business activities of our clients. If any illegal activities or businesses are found on our clients’ websites, Jumix is not liable and will not bear any punishment or costs incurred. We will take appropriate action to add, edit, or remove content from our clients’ websites if we receive a warrant or court order to do so.
- When you engage our web design service, you should ensure that your business, products, and services are completely legal and comply with all relevant laws in your country.
- You agree to allow Jumix to use your profile, business, websites, and case studies as part of our portfolio and marketing materials. This may include, but is not limited to, landing pages, graphics, banners, printed materials, presentations, events, and videos.
Last Updated: 31 October 2023
