Terms and Conditions
3D Brand Agency Terms and Conditions
ATTENTION! THE FOLLOWING TERMS AND CONDITIONS WILL BE LEGALLY BINDING TO THE CLIENT UPON EXECUTION OF 3D BRAND AGENCY PTE LTD (“3D”) STANDARD SERVICES AGREEMENT. CLIENT SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE BEFORE EXECUTING THE AGREEMENT.
Price quoted is only valid for 14 days from the date of Quotation/Proposal and only applicable to the above-mentioned job. Any additional services rendered shall be charged accordingly. However, 3D shall reserve the rights to revise the cost based on the market situation before any confirmation performed by the client.
A non-refundable 50% deposit of the total fee payable to 3D is due immediately upon appointing 3D. Payment should be made before any commencement of work.
For a customised design package, client will be given 3 times of amendment rounds after the first preview of the design is presented. Client will need to compile all amendments required via email. Additional revisions will be charged according to the type of amendments required.
Unless specified under the agreed job scope, English language will be the only languages used by 3D to deliver its services (including but not limited to design and development of website, Content Management System, E-Commerce System, Portal, Custom Business Solutions, Custom Web Applications and any Custom System). Any additional language option will be charged accordingly and will be stated clearly in the quotation or proposal.
We will only proceed with further actions after receiving written confirmation and deposit. This will be subject to first come first served basis based on 3D’s project schedule.
The remaining balance payment shall be due after training has been provided or before the website is publish to LIVE. There are no exceptions to this, for example, if the client decides they no longer wants the site, as they have already commissioned the work. Client is still obliged to pay for the work that has been done.
The animation and static web pages are exclusive of programming script and animation scripts.
Content and Picture Submission
Unless specified under the job scope, client must supply all materials and information required to complete the work in accordance with any agreed specification. Such materials may include, but not limited to, photographs, written copy, logos, and other materials. Where there is a delay in supplying these materials to 3D, which in turn leads to a delay in the completion of work, 3D have the right to extend any previously agreed deadlines by a reasonable amount. Where client fail to supply materials, which prevents the progress of work, 3D have the right to invoice client for any part of the work already completed
Pictures and images touch-ups (limited to adjusting of brightness, contrast, saturation, image cropping and resizing only) in web content is applicable to static informative content only, and do not include pictures used in products/other info key in for eCommerce website and CMS contents. 3D will not be responsible for any copyright issues for all pictures provided by the client. All stock images included in the package (if any) will be purchased only from 123rf.com, istockphoto.com, fotolia.com and dreamstime.com at the cost of maximum 3 credits per photo only.
Hosting and Server
All shared hosting is bound within allocated resources such as number of emails sent per hour, bandwidth and traffic. When the usage exceeded the allocated resource (due to various reasons such as mass email sending, movie streaming or higher traffic), client will be advised to upgrade to a better server package. Unless specified under the agreed job scope, shared hosting package does not include any FTP and cPanel login. 3D will not be responsible for any technical and functionality problem of the website and the application if the website and application is not hosted with 3D.
1 year technical support via phone, Skype, email, and meeting if required. (The job scope of technical support includes providing client support and technical issues resolution via email, phone and other electronic mediums, fixing of current system errors, identify and correct or advise on current system’s operational issues.)
Technical Maintenance – Subject to only Website maintenance, and servicing of errors and bugs encountered. Responsive to website issues and requests (on business days, Mondays to Fridays, 10am to 6pm), valid for 1 year of service from the launch of live for website.
Service Level Agreement
Critical criteria: Website is not accessible, Webpage not available, Malware detection/Hacking issues – To be resolved within 4 hours. Major criteria: Content not being able to publish on the Website, Layout issues (Logo/Image not able to display) – To be resolved within 1 business day (Business Hours ONLY). Minor criteria: Not able to create an admin account, Admin account got logged out, Unable to access email – To be resolved within 1 business day (Business Hours ONLY). Response time for the vendor to acknowledge the client’s call on service breakdown or disruption and take the appropriate measures and service recovery options. Fixing lead time will take about 24 hours – 48 hours depending on the complexity of the breakdown case.
Annual Maintenance Fee at $800/annum (optional) for 2nd year, includes the following:
Maintenance fee: S$500/annum. (Optional)
- Maintenance of platform compatibility with the marketplace(s).
- Technical Support in accordance with Service Level Agreement.
Hosting fee: S$300/annum. (Mandatory)
- Hosting uptime (99.9%).
- Domain renewal.
Migration to Client’s Hosting Platform (S$500 one-time fee)
- If the client has their own hosting platform, 3D could integrate the platform with theirs, provided the platforms are integrable. Subject to evaluation.
- 3D Brand Agency will not be liable for any errors or issues thereafter. Ad-hoc services will be charged at a fee of SGD$150/hour or part thereof.
Copyright and Restrictions
Client is responsible for all activities conducted under its User Logins and for its Users’ compliance with this agreement. Except as expressly provided under the quotation or proposal, any service provided by 3D is only for 1 (one) domain at any single time. Client shall not (a) permit any third party to copy, translate, modify, rent, resell, sub-licence, duplicate, distribute, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile any part thereof or otherwise attempt to discover any source code or modify the service (including but not limited to Website, Content Management System, E-Commerce System, Portal, Custom Business Solution, Custom Web Applications and any Custom System) provided by 3D in any manner or form; (b) use unauthorised modified versions of the service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorised access to the service; (c) use the service in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (d) publish, post, upload or otherwise transmit Client Data that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another or (e) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the service. For the interest of our client, 3D will decide on necessary course of action in order to protect the source files.
Unless specified under the agreed job scope, this package does not include copywriting, proofreading, translation, photo shooting, video shooting, any sort of integration with any ERP System in the market, product key in, picture gallery key in, data input and third party system subscription (for eg, Campaign Management System like Get Response and Aweber, SMS Provider Company & Payment Gateway).
3D do not accept liability for any specific change in position in search engine results for client’s website. 3D only perform basic search engine optimisation according to current best practices, which includes Cross Browser Compatibility, Meta-Tagging and Keywords, Search Engines Submission, XML Sitemap and Submission only.
Client acknowledges and agrees to provide 3D with prompt and adequate responses to its requests for information and other requests related to this project to be performed under this quotation/proposal. In the event that 3D has made a request and client has not responded promptly with the requested information within 14 days, 3D may issue a “Final 30-day Project Notice” (“Final Notice”) to client. If client does not respond as requested to the Final Notice, client agrees that 3D shall be relieved of any further obligations which have not be completed under this quotation / proposal and client shall remain liable for payment of all Professional Service fees as set forth herein. Any and all services requested by the client following the expiration of the aforementioned thirty (30 days period will require client and 3D to execute a new quotation / proposal and client shall be responsible for any additional Professional Services fees contemplated there under, even if listed in the original quotation / proposal.
Third Party Websites, Products and Services
3D may offer certain Third Party Applications for sale under quotation / proposal. Any procurement of such Third Party Applications by client shall be subject to the terms specified in such quotation / proposal. In addition, 3D or Third Party providers may offer Third Party Applications or services, including implementation, customisation and other consulting services related to clients’ use of the service. Except as set forth in the quotation/ proposal, 3D does not warrant any such Third Party Applications or services, regardless of whether or not such Third Party Applications or services are provided by a Third Party that is a member of an 3D partner program or otherwise designated by 3D as “certified”, “approved” or ‘recommended’. Any procurement by client of any Third Party Applications or services is solely between client and the applicable Third Party Provider. 3D will not be responsible for any other aspect of such Third Party Applications or services that client may procure or connect to through the service, or any descriptions, promises or other information related to the foregoing. If client installs or enables Third Party Applications or services for use with the service, client agrees that 3D may allow such Third Party Providers to access Client Data as required for the interoperation of such Third Party Applications with the service, and any exchange of data or other interaction between client and a Third Party Provider is solely between client and such Third Party Provider. 3D shall not be responsible for any disclosure, modification or deletion of Client Data resulting from any such access by Third Party Applications or Third Party Providers. No procurement of such Third Party Applications or services is required to use the service.
3D will not take responsibility for any problems associated with client’s computers such as local settings, servers, internet or any other client’s local issues. 3D is not responsible for client’s IT issues. Any IT problems that occur are the responsibility of each individual client.
Client is responsible for acknowledging and responding to documents related to this project. These documents could be requirement documents, escalation issues or end-of-project notices. Some documents will require client’s signature / e-signature before 3D can proceed with the implementation and client is responsible for responding in a timely and collaborative fashion. 3D shall not be held responsibility should any delay is caused by this clause.
Site Completion and Warranty
Upon site launching for public viewing, 3D will provide 8 weeks of support and technical issue resolution via email, phone and other electronic medium for issues such as fixing of current system error identify and correct or advise on the current system operational issues. Warranty Period may defer based on project, as per specified under the quotation / proposal whichever is longer than 2 weeks. 3D will consider task completed upon the expiration of Warranty Period.
Data Loss and Data Backup
3D shall not be held responsible in the event of any file loss resulting from the failure of any of the servers or services 3D operates (this includes our remote backup service). While 3D hosting partner do perform regular server backups as part of their own internal maintenance, 3D may impose a charge to restore data a client’s request, depending on the level of work involved in doing so. It is therefore strongly advised to backup all of your files locally on a regular basis depending on how often you update your website. Backup manual can be obtained from 3D upon request.
Termination of Service
Each party is allowed to terminate the quotation / proposal by giving 1 week notice and the website will remain as the property of 3D. Client is required to pay the amount of outstanding payment based on the progress of project’s completion.
Our refund policy has been devised to define the situations under which 3D Brand Agency will provide a refund, the procedure for claiming a refund and the responsibility of 3D Brand Agency in circumstances resulting in such a claim. Please refer to Refund Policy for more details.
By using current versions of well supported Content Management Systems and E-Commerce Systems, 3D endeavours to ensure that the websites we create are compatible with all current desktop modern web browsers such as the most recent versions of Internet Explorer (IE 8 and most up to date versions only), Firefox, Google Chrome and Safari and all most recent versions of the mobile browsers such as iOS’s Safari and Android’s default internet browser. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate, we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
3D acknowledge that documents posted to and content available in websites may contain computer viruses or other harmful elements. Should client or any other third party downloads any such materials from the websites, it is the client’s or any other third party responsibility to perform any anti-virus scanning or other precautions as deem necessary. Under no circumstances will 3D be responsible for any loss or damage caused by any materials downloaded from the websites and client or any other third party will assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment or data used in connection with client’s websites.
Limitation of Liability
In no event will 3D be liable to the client or any other party for any direct, indirect, incidental, consequential, special or exemplary damages (including but not limited to, lost profits, trading losses or damages that result from inconvenience, delay or loss of the use of the websites or the services), or claims arising in TORT (including negligence), even if 3D or 3D’s Hosting Partner or third party have been advised of or are otherwise aware of the possibility of any of the foregoing. 3D expressly disclaim all and provide no representations or warranties in respect of this website, its contents or the services provided by 3D. 3D do not represent or warrant that the information accessible on or via this website is accurate, complete or current.
Our Escalation Matrix
3D adopt Escalation Matrix which allows you to specify multiple user contacts to be notified in the event of critical issues. These contact details are presented after confirmation of 50% deposit to 3D services.
Complaints are assigned to a primary (Level 1) owner and are escalated to two next levels automatically. These levels are called Level 2 and Level 3 respectively. Our administrators will assign Level 1, Level 2 and Level 3 owners.
Once the Level 1, Level 2 and Level 3 owners are defined, here is how our escalation matrix works:
Level 1 – Any complaint of a given categories will by default be assigned and notified by email to the Level 1 owner of that categories.
Level 2 – If the complaint is not resolved within 3 working days, the complaint will escalated to Level 2 owner by email.
Level 3 – If the complaint is not resolved within 7 working days, the complaint will escalated to Level 3 owner by email.
For purposes of this Agreement, “Confidential Information” shall include the terms of this Agreement, Client Data, each party’s proprietary technology, business processes and technical product information, designs, issues, all communication between the Parties regarding the Service and any information that is clearly identified in writing at the time of disclosure as confidential. Notwithstanding the foregoing, Confidential Information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the Receiving Party; (4) the Receiving Party becomes aware of from a third party not bound by non-disclosure obligations to the Disclosing Party and with the lawful right to disclose such information to the Receiving Party; or (5) is aggregate data regarding use of 3D’s Services that does not contain any personally identifiable or Client -specific information. Each party agrees: (a) to keep confidential all Confidential Information; (b) not to use or disclose Confidential Information except to the extent necessary to perform its obligations or exercise rights under this Agreement or as directed by Client; (c) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information, Including but not limited to inputting credit card data and social security numbers only in the fields designated for such data in the Service) and to make Confidential Information available to authorized persons only on a “need to know” basis. Either party should agree to the disclosure of information before the actual disclosure to its contractors and service providers who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of this Agreement. Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information to the extent that law or order of a court or other governmental authority or regulation permits such disclosure
THE WEBSITES AND SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE WEBSITES OR SERVICES OR INFORMATION MADE AVAILABLE VIA THE WEBSITES OR SERVICES. CLIENT RECOGNIZES THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE CLIENT RELIES ON IT.