These Terms and Conditions Agreement (“Terms”, “Agreement”) are an agreement between WebMobster (“WebMobster”, “us”, “we” or “our”) and you (“User”, “you”, “your”, “Customer” or “Client”). This Agreement sets forth the general terms and conditions of your use of the https://www.webmobster.com/ website and any of its products or services (collectively, “Website” or “Services”).
The content of terms and conditions may be change, or move at any time. Please note that WebMobster have the rights to change the contents of the terms and conditions without any notice. Any violation of rules and regulations of these terms and conditions, will take immediate actions against the offender(s). All material and services available on the Site, and all material and services provided by or through WebMobster, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Accounts and Membership
If you create an account at the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for the our Services. We may block your email address and Internet protocol address to prevent further registration.
We are not responsible for any damages/loses in profit and/or data if user is experiencing server/service downtime that causes their website(s) and/or email(s) are unable to function normally.
We do not own any data, information or material (“Content”) that you submit to the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products at any time.
Accuracy of Information
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related website has been modified or updated.
Giving Us Access to Other Accounts and Services
Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.
What You Provide to Us
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). WebMobster is not responsible for your Content. You hereby grant WebMobster a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
In addition to other terms as set forth in the Agreement, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Rules and Regulation
You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, fraud, embezzlement, money laundering, insider trading and any sexual content is prohibited. You will not use the Services or Materials to impersonate another person. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by WebMobster without our express written permission. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any WebMobster user to access the Services. You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by WebMobster. You will not publish Content, or links to Content, that is: Pornographic, sexually explicit, violent, illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another), reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous or breaches another’s privacy. Client shall comply to all the procedures and regulation stated in the terms and condition upon purchasing the any plans from WebMobster.
Right after client has complete their purchase and the payment is confirmed, you will receive an email from our customer care personnel he/she will be the one assisting you through your project.
Compilation of Documents: This is where our customer care personnel would request for product images, and written content from you, and also to choose a template.
Drafting: Once client provided the complete content for their website. The documents will be sent to the designers to make a design draft of the website based on the template and contents provided. A due date will be provided on when will the draft be complete.
Once the draft is complete, it will be sent to clients for review. Client are allowed to make 3 amendments on the draft.
Live Site Development stage: After client confirm the draft, we will proceed with the live site development stage. Similar to the drafting stage, client will be given a due date for this stage.
Once the development is complete, it will be sent to clients for review. Client are allowed to make 3 amendments on this stage.
Handover: In this stage, is where we provide the clients with their login details for their website and this marks the end of the project.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will WebMobster, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if WebMobster has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of WebMobster and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to WebMobster for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold WebMobster and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Kuala Lumpur, Malaysia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Malaysia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Kuala Lumpur, Malaysia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Termination of Service(s)
Services may be terminated by us, without cause, at any time. Services may be terminated by you, without cause, by emailing us via email@example.com. WebMobster may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. Notice of termination of Services by WebMobster may be sent to the contact e-mail associated with your account. Upon termination, WebMobster has the right to delete all data, files, or other information that is stored in your account. No refund will be issued in termination of service(s).
Customer may terminate this agreement at any time. However, WebMobster may also terminate the agreement with the customer without any prior notice and will be denying the access of the customer who is unable to comply the terms and conditions above.
In the case if client were to pause their project, client may notify us and clients are permitted to pause their project up to a maximum of 90 days.
Clients who pause the project exceeded 90 days and did not respond to WebMobster in any form of contact. The project will be deemed as an “abandon project” and all services will be terminated.
If client were to abandon their project or stop responding to WebMobster in between any stages of development (exp: Live site development stage, or drafting stage) for more than 30 days. Such action will be deemed as “paused project without advance notice”. WebMobster in all their ability will try to contact the client. If client does not respond exceeding 20 days. The project will be deemed as an “abandon project” and all services will be terminated. All data base associated with the client’s project email over to the client.
There will be no refund or partial refund if client intend to terminate the services in between any stage of development. (exp: Live site development stage, or drafting stage)
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.
Link to Other Sites
Any access link to third party sites is at your own risk. Https://www.webmobster.com will not be related or involve to any such website if the user’s content/product(s) got damaged or loss have any connection with third party site.
WebMobster do not warranty on any data damage or loss in the event of virus, hacker attack, server break down, or misused of admin panel. We take no responsibility loss of any data in the event to recovering the website.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you have any questions about this Policy, please contact us.
This document was last updated on 25 January 2019