Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Payong Legam Malaysia ("Company," "we," "our," or "us"), a sole proprietorship registered and operating in Malaysia.

By engaging our services, signing a project proposal, making a payment, or otherwise indicating your acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms apply to all services provided by Payong Legam Malaysia, including but not limited to Web Development, Apps Development, UI/UX Design, Digital Marketing, and Print Media services.

For the purposes of these Terms:

• "Services" refers to any work performed by Payong Legam Malaysia, including design, development, marketing, and related professional services.
• "Deliverables" refers to all work products, including source code, design files, documentation, and other materials created during the project.
• "Project" refers to the specific scope of work as defined in the project proposal or agreement.
• "Proposal" refers to the written document outlining project scope, timeline, and costs.
• "Intellectual Property" or "IP" refers to all copyrights, patents, trademarks, trade secrets, and other proprietary rights in the Deliverables.

Payong Legam Malaysia provides professional digital and creative services, including:

3.1 Web Development

Design and development of websites, web applications, e-commerce platforms, content management systems, and related web-based solutions. This includes front-end development, back-end development, database design, API integration, and hosting configuration.

3.2 Apps Development

Development of mobile applications for iOS, Android, and cross-platform environments. Services include native app development, hybrid app development, app store submission, and ongoing maintenance.

3.3 UI/UX Design

User interface and user experience design services, including user research, wireframing, prototyping, visual design, interaction design, and usability testing.

3.4 Digital Marketing

Comprehensive digital marketing services including search engine optimisation (SEO), pay-per-click advertising (PPC), social media marketing, email marketing, content marketing, and analytics reporting.

3.5 Print Media

Design of print materials including business cards, brochures, flyers, posters, packaging, and other collateral. Services include conceptual design, artwork preparation, and print-ready file delivery.

The specific scope, deliverables, and timeline for each project shall be defined in a separate project proposal or statement of work, which shall be incorporated into these Terms by reference.

4.1 Proposal and Agreement

All projects commence with a written proposal outlining the scope of work, deliverables, timeline, cost, and payment terms. The project is deemed accepted upon Client's written confirmation or payment of the initial deposit.

4.2 Client Responsibilities

The Client agrees to:

• Provide all necessary content, materials, and information in a timely manner
• Designate a primary point of contact with authority to make decisions
• Respond to requests for feedback and approvals within reasonable timeframes
• Provide accurate and complete requirements at the project outset
• Ensure all materials provided do not infringe upon third-party rights

4.3 Project Timeline

Project timelines are estimates based on information available at the time of proposal. Delays caused by Client (including delayed feedback, content provision, or scope changes) may extend the timeline accordingly. We will communicate any anticipated delays promptly.

4.4 Revisions

The number of revision rounds included in each project shall be specified in the project proposal. Additional revisions beyond the agreed scope may incur additional charges. Revisions must be requested within the timeframe specified in the proposal.

5.1 Payment Methods

We accept payment via bank transfer, online payment platforms, and other methods as agreed upon. All payments shall be made in Malaysian Ringgit (MYR) unless otherwise specified.

5.2 Invoicing

Invoices will be issued according to the payment schedule. Payment is due within seven (7) days of invoice date unless otherwise specified. Late payments may incur interest at a rate of 1.5% per month on the outstanding balance.

5.3 Taxes

All quoted prices are exclusive of applicable taxes unless otherwise stated. The Client is responsible for any applicable taxes, duties, or levies imposed by relevant authorities.

5.4 Additional Costs

Any additional costs for third-party services, including but not limited to domain registration, hosting, stock images, plugins, or API subscriptions, shall be borne by the Client unless otherwise agreed in writing.

5.5 Project Suspension

We reserve the right to suspend work on any project where payment is overdue by more than fourteen (14) days. Work will resume upon receipt of all outstanding payments.

6.1 Transfer of Rights

Upon receipt of full and final payment for the project:

• All intellectual property rights in the custom Deliverables created specifically for the Client shall transfer to the Client
• The Client receives full ownership of source code, design files, and project documentation
• The Client may use, modify, and distribute the Deliverables without restriction

6.2 Retained Rights

Notwithstanding the above, Payong Legam Malaysia retains the right to:

• Use general knowledge, skills, and experience gained during the project
• Reuse generic, non-custom code libraries, frameworks, and components
• Display the work in our portfolio with Client consent
• Reference the project for marketing and promotional purposes

6.3 Code Handover Process

Upon receipt of final payment, the following materials will be delivered to the Client:

• Complete source code files in organised, documented format
• All design source files (PSD, Figma, Sketch, or equivalent)
• Documentation including setup instructions and technical specifications
• Access credentials for all project-related accounts and services
• Database exports and configuration files where applicable

Code and materials will be delivered via secure file transfer, Git repository, or other agreed-upon method within five (5) business days of final payment confirmation.

6.4 Third-Party Components

Some projects may incorporate third-party libraries, plugins, or components subject to their own licensing terms. The Client is responsible for complying with such licenses. We will provide documentation of all third-party components used.

6.5 Pre-Payment Restrictions

Prior to full payment, the Client may not:

• Copy, reproduce, or distribute any Deliverables
• Modify or create derivative works from the Deliverables
• Transfer, license, or assign any rights to third parties
• Use the Deliverables for commercial purposes

7.1 Warranty Coverage

During the warranty period, we will address at no additional cost:

• Bugs and functional errors in the delivered code
• Issues arising from our workmanship that prevent normal operation
• Minor adjustments to ensure functionality as specified in the project scope

7.2 Warranty Exclusions

The warranty does not cover:

• Issues caused by Client modifications to the Deliverables
• Problems arising from third-party services, hosting, or integrations
• New features or functionality not included in the original scope
• Issues caused by changes to external APIs or platforms
• Problems resulting from incompatible browser or device updates
• Security issues arising from Client negligence (e.g., weak passwords)

7.3 Post-Warranty Support

After the warranty period, ongoing support and maintenance services are available under separate agreement at our prevailing rates. We offer various support packages tailored to your needs.

8.1 Client Cancellation

The Client may cancel a project at any time by providing written notice. Upon cancellation:

• The Client shall pay for all work completed up to the date of cancellation
• We will provide an itemised breakdown of work performed and associated costs
• Any unused portion of the deposit may be refunded, less the value of work completed
• If work completed exceeds the deposit paid, the Client shall pay the balance

8.2 Refund Calculation

Refunds are calculated as follows:

The value of work completed shall be calculated based on our standard hourly rates and documented time spent on the project.

8.3 Non-Refundable Costs

The following costs are non-refundable under any circumstances:

• Third-party expenses already incurred (domains, hosting, licenses, etc.)
• Custom assets purchased specifically for the project
• Consultation and discovery phase work

8.4 Company Termination

We reserve the right to terminate a project if:

• The Client fails to make payment as agreed
• The Client becomes unresponsive for more than thirty (30) days
• The Client requests work that violates applicable laws or ethical standards
• Continuation of the project becomes commercially unreasonable

In such cases, the Client shall pay for all work completed, and no refund shall be due.

Both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the project engagement. This includes:

• Business strategies and plans
• Technical specifications and trade secrets
• Customer data and personal information
• Financial information and pricing
• Unpublished project materials

This confidentiality obligation survives the termination of the project and shall continue for a period of three (3) years thereafter.

10.1 Disclaimer

Our services are provided "as is" without warranty of any kind, except as expressly stated in these Terms. We do not warrant that the Deliverables will be error-free, uninterrupted, or meet all of the Client's expectations.

10.2 Limitation

To the maximum extent permitted by law, Payong Legam Malaysia shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business
• Loss of data or information
• Business interruption
• Reputational damage

10.3 Maximum Liability

In no event shall our total liability exceed the total amount paid by the Client for the specific project giving rise to the claim.

10.4 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government actions, or infrastructure failures.

The Client agrees to indemnify and hold harmless Payong Legam Malaysia, its owners, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• The Client's use of the Deliverables
• Materials provided by the Client that infringe third-party rights
• The Client's violation of applicable laws or regulations
• Any misrepresentation by the Client

12.1 Negotiation

In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation and discussion.

12.2 Mediation

If negotiation fails, the parties agree to attempt mediation before pursuing legal action. Mediation costs shall be shared equally between the parties.

12.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia. Any legal proceedings shall be conducted in the courts of Malaysia.

13.1 Entire Agreement

These Terms, together with any project proposals and related documents, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

13.2 Amendment

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified Terms.

13.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

13.4 Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision or any other provision in the future.

13.5 Assignment

The Client may not assign or transfer any rights under these Terms without our prior written consent. We may assign our rights and obligations to a successor in interest.

13.6 Independent Contractor

The relationship between Payong Legam Malaysia and the Client is that of independent contractor. Nothing in these Terms shall create an employment, partnership, or agency relationship.

For questions about these Terms of Service or to discuss a project, please contact us: