General Clientele - Terms and Conditions

1. General

1.1 These Terms & Conditions (“T&Cs”) govern the supply of services by Sinux Consulting to the Client.

For clarity, references to services, deliverables, or work performed by Sinux Consulting include digital solutions and digital deliverables, including but not limited to websites, web applications, software platforms, mobile applications, internal tools, and any related digital systems or services provided by Sinux Consulting.

1.2 By making payment on any invoice, quotation, or payment request issued by Sinux Consulting, the Client confirms acceptance of and agreement to be legally bound by these T&Cs.

2. Quotations

2.1 All quotations provided by Sinux Consulting are valid for 14 days from the date of issuance unless otherwise specified.

2.2 Prices in the quotation are subject to change based on project requirements, additional services requested, or external factors that may affect costs.

2.3 Any modifications to the quoted work may result in a price adjustment and a revised quotation.

3. Invoicing & Payment

3.1 Payment is due within the stipulated date stated in the invoice. Payment terms may vary depending on the specific service provided.

3.2 Late payments shall incur a penalty fee of 1.5% per month (18% per annum) or the maximum rate allowed under applicable Malaysian law.

3.3 All payments must be made in the currency specified in the invoice or as previously discussed and agreed upon in writing.

3.4 A 5% surcharge will be applied to all invoices paid via Stripe or other online payment gateways to account for processing and international transaction fees. This surcharge will be included in the invoice total.

3.5 For bank transfers, the Client is responsible for covering all transfer fees and ensuring that Sinux Consulting receives the full invoiced amount (nett). Any shortfall due to bank charges, intermediary fees, or foreign exchange deductions shall be treated as a pending balance and must be cleared by the Client within 7 days of notification.

3.6 Invoices are considered fully settled only when the total nett amount stated has been received in full by Sinux Consulting, free of deductions or intermediary charges.

4. Scope of Work & Digital Deliverables

4.1 The scope of work and digital deliverables shall be defined in the quotation, invoice, or written communication issued by Sinux Consulting prior to commencement of work.

4.2 These Terms & Conditions apply to all one-off services and digital solutions provided by Sinux Consulting.

Maintenance and recurring services shall be governed separately under the “Maintenance & Recurring Services – Terms & Conditions Addendum”, as applicable.

4.3 Additional requests beyond the defined scope shall be subject to a separate quotation and additional charges.

4.4 Digital deliverables shall be provided in accordance with the communicated timeline unless delays occur due to unforeseen circumstances beyond Sinux Consulting’ control.

4.5 Upon receipt of payment, the Client shall complete onboarding requirements and provide all necessary information, content, access credentials, branding materials, and formal requirements within twenty-one (21) calendar days, unless otherwise agreed in writing.

If the Client fails to provide the required onboarding materials within this period, Sinux Consulting may proceed with development based on the information and direction available at the time.

Any structural changes, content revisions, or requirement modifications submitted after development has commenced may be treated as additional scope and subject to separate quotation, additional charges, or inclusion under an active maintenance plan (if applicable).

Failure to complete onboarding within the stated period shall not delay project timelines, development schedules, or invoicing obligations.

5. Refunds & Cancellations

5.1 Cancellations after confirmation of an order shall be subject to a cancellation fee of up to 5% of the total contract value, as permitted under the Malaysian Consumer Protection Act 1999.

5.2 No refunds shall be provided for services already rendered.

5.3 Any disputes regarding delivered digital deliverables or services must be raised within 14 days of receipt.

6. Liability & Warranty

6.1 Sinux Consulting primarily provides services and digital solutions, and shall not be liable for any indirect, incidental, or consequential damages arising from the use of its services or digital deliverables.

6.2 Any defects or issues must be reported within 14 days of receipt, and corrections shall be made at the sole discretion of Sinux Consulting.

7. Confidentiality

7.1 Both parties agree to maintain the confidentiality of all proprietary information shared during the course of the business relationship.

8. Intellectual Property

8.1 All intellectual property, including all digital deliverables, shall remain the property of Sinux Consulting until full payment is received.

8.2 Upon full payment, the Client is granted a non-exclusive, non-transferable right to use the digital deliverables.

9. Force Majeure

9.1 Sinux Consulting shall not be held responsible for delays or failures in performance due to unforeseen circumstances beyond its control, including but not limited to natural disasters, strikes, pandemics, or government regulations.

10. Governing Law

10.1 These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Malaysia.

10.2 Any disputes arising under these T&Cs shall be resolved in the appropriate courts of Malaysia.

Maintenance & Recurring Services – Terms & Conditions Addendum

1. Scope of Maintenance Services

1.1 Maintenance or recurring services may include, but are not limited to:

• Website or application updates
• Hosting and infrastructure management
• Bug fixes and minor enhancements
• Monitoring, backups, or security updates
• Ongoing technical support

1.2 The scope, inclusions, and limitations of any maintenance or recurring service shall be defined in the invoice, service description, or written communication issued by Sinux Consulting.

1.3 Any work outside the defined maintenance scope shall be quoted and billed separately.

2. Acceptance & Billing

2.1 By making payment for any maintenance or recurring service, the Client agrees to be legally bound by this Addendum and the General Clientele – Terms & Conditions.

2.2 Maintenance services are billed on a monthly, quarterly, or annual basis, as specified in the invoice or payment request.

2.3 Billing shall commence on the date stated in the invoice or payment confirmation.

3. Suspension of Services

3.1 Sinux Consulting reserves the right to suspend maintenance or recurring services if payment is overdue beyond 14 days.

3.2 Suspension of services does not waive the Client’s obligation to settle outstanding amounts.

3.3 Reactivation of suspended services may be subject to administrative or reinstatement fees.

4. Termination & Notice Period

4.1 Either party may terminate a maintenance or recurring service by providing written notice, subject to the following notice periods:

• 60 days’ notice for Clients who have been on maintenance services for less than 6 months
• 30 days’ notice for Clients who have been on maintenance services for 6 months or more

4.2 Fees for the active notice period remain payable and are non-refundable.

4.3 Termination does not affect any outstanding payments or obligations incurred prior to termination.

5. Relationship to Main Terms & Conditions

5.1 This Addendum forms part of and should be read together with the General Clientele – Terms & Conditions.

5.2 In the event of a conflict, this Addendum shall apply only to maintenance and recurring services.

US Subscription Clientele - Terms and Conditions

By hiring Sinux Consulting, you agree to the following terms on behalf of your company or organization. This agreement covers the design, development, and maintenance of a website and related services on a 12-month commitment, automatically renewable. If you do not agree to abide by these terms, please do not use our services.

Mutual Responsibilities

Client Responsibilities

• Provide all necessary text, images, and business information in the requested format and on time.
• Review work promptly, give timely feedback, and provide sign-off approvals.
• Comply with the agreed payment schedule and surcharges.

Sinux Consulting Responsibilities

• Deliver professional services in a timely and responsive manner.
• Maintain the confidentiality of all client information.
• Provide updates and support as described, while not being held responsible for delays caused by late content or approvals.

Services Description

Our services include, but are not limited to:

• Website design, layout, and functionality development
• Ongoing text, image, and promotional updates
• Local SEO, Google Business Profile setup, and optimization
• Hosting, SSL certificate, analytics reporting, and support
• Accessibility tools and a standard privacy policy template (non-legal)
• One campaign landing page (e.g., Facebook or Google Ads)

Additional Services & Charges

• Physical location landing pages: $75/month per location
• Service area expansion pages: $50/month per area
• Franchise microsites: $150/month per microsite (up to 6 pages)
• Blog posts (fully written): $50/month per blog
• Advanced custom work (outside scope): $100/hour

These charges are added on top of your base subscription of $499/month, which covers the core website package. All add-ons will be billed monthly.

Project Scope and Limitations

• Testing will be done on current versions of all major browsers (Apple, Google, Microsoft, Mozilla).
• We do not test on outdated browsers (e.g., Internet Explorer 6/7) unless specifically requested. Additional coding for such support will be charged hourly.
• Custom plug-ins, third-party scripts, or external databases may incur extra charges — we will notify you before proceeding.

Subscription Inclusions

Each active subscription includes:

• A custom-built, responsive website (up to 25 pages; additional pages billable)
• Local and organic SEO
• Hosting & SSL certificate
•Google Business Profile setup & optimization
• Ongoing support, performance monitoring, and basic updates
• Privacy Policy and Accessibility Statement templates (non-legal)
• Website accessibility tools
• One landing page for external campaigns (e.g., Google Ads, Facebook)

Content and Assets

Text Content

• We will prepare initial content for up to 15 pages (home, service, and service area pages) if not provided.
• Client must review and approve content before launch.
• After launch, clients are responsible for providing original content for updates. Blog writing is only included if the Blog Add-On is subscribed.

Photographs

• Clients may provide high-quality digital photos.
• Where necessary, stock photos will be used.

Domain & Hosting

• Websites must be hosted on our designated servers as part of the subscription.
• Clients must either supply their own domain or request us to purchase one. Domain costs are billed separately and must be maintained annually by the client.

Intellectual Property & Copyrights

• Clients confirm they own or have permission to use all submitted media, trademarks, text, and other materials.

• Upon first payment:
– Clients own all submitted and published content
– Sinux Consulting retains ownership of the website design, code, and system logic
– The client is granted a license to use the website during the active subscription

• Upon cancellation or non-payment, that license is revoked, and the website is taken offline.
• We may showcase completed work in our portfolio or write case studies, but never share confidential client information.

Updates and Change Requests

• Included updates: text/image edits, adding/removing pages, minor content changes, promotions, etc.
• Excluded: full redesigns or structural layout changes (billed separately)
• All change requests must be submitted through our official support system (not via WhatsApp/text/personal DMs).
• Updates will be completed within 1–3 business days on average, depending on complexity and queue.

Payment Terms

• First payment is due upfront. ($499/month for 1-25 page website)
• Subscription and add-ons are billed monthly.
• If payment is overdue by 14+ days, your website will be taken offline until payment is settled in full.

• All payments are final and non-refundable.
•A 5% surcharge is applied to your total monthly invoice to cover processing fees, cross-border charges, and currency conversion.
• Clients are responsible for all transaction fees, including bank charges, Stripe, PayPal, or currency exchange differences.

Cancellation

• Your subscription is valid for 12 months from the date of your first payment, and automatically renews unless terminated.
• Cancellation requires a 60-day written notice via email.
• If you cancel before the 12-month term ends, you will be charged a penalty equal to one (1) month of your current subscription.
• Upon cancellation, hosting and services will end.
– You retain ownership of your content (text & images provided by you).
– The website structure and backend remain the property of Sinux Consulting and cannot be reused or transferred.

Limitation of Liability

• We do not guarantee uninterrupted or error-free functionality at all times.
• We are not liable for damages caused by downtime, platform limitations, third-party integrations, or client-provided content (including service guarantees, privacy statements, or accessibility compliance).
• Our suggested privacy and accessibility templates are provided as-is and do not constitute legal advice.

Governing Law

This agreement is governed primarily under the laws of Malaysia, where Sinux Consulting is legally registered. It is also enforceable under applicable laws of the United States for clients operating there. By engaging with our services, you consent to the jurisdiction of both Malaysian and U.S. courts, with Malaysia taking precedence in any legal matter or interpretation. If any provision is deemed invalid, remaining provisions remain enforceable.

Contact Information

For questions about these terms and conditions, please contact:

Sinux Consulting

📧 Email: info@sinuxconsulting.com
🌐 Website: www.sinuxconsulting.com
📍 Location: Kuala Lumpur, Malaysia

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