I. We respect our CLIENT’s confidentiality (Item 7).
II. We use open source solutions wherever possible. This means no vendor lock-in and software fees are charged at ‘fair and reasonable rates’ or in most cases, fees are not applicable (Item 12.1).
III. If the CLIENT determines that the website does not comply with the project components agreed to in this document, BREVAMP agrees to carry out necessary and reasonable modifications without extra charge (Item 19).
IV. If the CLIENT is not happy with our service, the CLIENT is free to move their domain name, website and data in its entirety to another service provider (Item 20.1).


INTRODUCTION
This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both parties, the terms of this Agreement will commence on the date specified.
All services that BREVAMP may be contracted to produce or provide for Clients Actual Name (referred to as CLIENT) will be subject to the following:


DEFINITIONS
As used herein and throughout this Agreement:
“Agreement” means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule(s), together with any other Supplements designated below, together with any exhibits, schedule or attachments hereto.
“Content” means all materials, information, photography, writings and other creative content.
“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Malaysia and International Copyright Law.
“Deliverables” means the services and work product specified in the Proposal to be delivered by BREVAMP to the CLIENT, in the form and media specified in the Proposal.
“Services” means all services and the work product to be provided to Client by BREVAMP as described and otherwise further defined in the Proposal.
“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.
“Open Source Software” means computer software that is available in source code form for which the source code and certain other rights normally reserved for copyright holders are provided under a software license that permits users to study, change and improve the software.
“Ongoing Management” means the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades and software patches.

GENERAL TERMS
1. Authorization
The CLIENT authorizes BREVAMP to perform the services outlined in this agreement on the CLIENT’s behalf, which may include, but is not limited to, accessing their blogspot account and submitting their site to search engines.
2. Agreement Scope and Period
Services supplied, costs and rates are limited to what is specifically set forth in this agreement. Any additional services will require and additional agreement. We reserve the right to adjust our service and rates after this period.
3. Costs and Fees
Changes and additions outside the scope of this document will be quoted and invoiced to the CLIENT. The CLIENT will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, printing, photography, color printouts, laminating, illustrations, shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to GST.
4. Production Schedules
Production schedules will be established and adhered to by both the CLIENT and BREVAMP. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly. Additional costs may be charged for CLIENT delays, if the delays result in an increase to time to manage or deliver the services.
5. Overtime
Estimates are based on reasonable time schedule, and may be revised to take into consideration the CLIENT’s requested “Priority Scheduling”. Requested priority schedules that require overtime and weekend work will be subject to 60% markup at an hourly rate. Overtime is defined as between 6.00pm to 9.00am Monday to Friday, all day Saturday, Sunday and public holidays, unless otherwise agreed.
6. Payment
6.1 The CLIENT agrees to pay BREVAMP in accordance with the terms specified in each proposal/estimate. The CLIENT will be required to pay 100% of the project cost before commencement of work. Unless otherwise specified, all subsequent balances due are payable upon completion of key stages of the project.
6.2 If the CLIENT fails to pay any invoice, BREVAMP reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied. BREVAMP will charge a late payment fee of 5% per month on the outstanding amount. The CLIENT is responsible for any debt collection fees which may come due. 6.3 In the event of cancellation of the project prior to completion, the CLIENT must pay BREVAMP a fee for work completed, based on the contract price and the expenses already incurred.
7. Confidentiality
BREVAMP will not disclose to any third party or use, other than for the purpose of this agreement, any knowledge or information imported to or obtained by it during or in connection with the fulfillment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the CLIENT.
This obligation of confidence will cease to apply in relation to information that BREVAMP is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by BREVAMP of its obligations of confidence under this Agreement.
8. Subcontractors
BREVAMP reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.
9. Promotion
BREVAMP is confident that the CLIENT’s expectations will be exceeded and as such is notifying the CLIENT that BREVAMP reserves the right to use the CLIENTs website, associated graphics and any unused ideas and development in the promotion of BREVAMP services. The CLIENT agrees to allow BREVAMP to retain a credit and link from the footer of the website.
10. Copyright
10.1 The CLIENT is responsible for all trademarks, copyright and patent infringement clearances. The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials BREVAMP uses for this project. The CLIENT indemnifies BREVAMP against any loss or damage arising directly or indirectly from any unauthorized use of photographs, text, or other Intellectual Property not under the copyright ownership of the CLIENT.
11. Project Copyright
11.1 After acceptance of the website and payment of all sums due by the CLIENT, BREVAMP agrees to assign perpetual and unrestricted copyright to use any materials produced by BREVAMP as outlined in this agreement to the CLIENT including exclusive usage rights to unique graphics.
11.2 BREVAMP reserves all rights over working and source files. The CLIENT does not have the right to resell, reuse or re-purpose any design or content supplied as part of this agreement unless specified.
11.3 BREVAMP reserves all rights to license (open source) and releases all software code including website templates developed under this agreement.
12. Open Source Software
12.1 BREVAMP makes extensive use of open source software and components to supply websites and services to the CLIENT. BREVAMP will not charge additional licensing fees on open source software.
12.2 The CLIENT identifies BREVAMP against any loss or damage arising directly or indirectly from any failure of software supplied to the CLIENT.
12.3 All software and components not developed by BREVAMP retain the original license and terms associated with them. BREVAMP cannot assign any rights to the CLIENT and the CLIENT agrees to be bound by the original Author’s terms.
13. Force Majeure
BREVAMP shall be deemed in breach of this Agreement if BREVAMP is unable to complete the Service or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of BREVAMP or any local, state, federal, national or international law, governmental order or regulation or any other event beyond BREVAMP’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, BREVAMP shall give notice to the CLIENT of its inability to perform or delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
14. Limitation of Liability
The services and the work product of BREVAMP are sold “as is”. In circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“BREVAMP parties), to the CLIENT for damages for any and all causes whatsoever, and the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall BREVAMP be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by BREVAMP even if BREVAMP has been advised of the possibility of such damages, notwithstanding the failure of essential purpose of any limited remedy.
15. Termination
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that work is postponed or terminated at the request of the CLIENT, BREVAMP shall have the right to bill pro rata for work completed through to the date of that request, while reserving all rights under this Agreement.
If additional payment is due, this shall be payable within fourteen days of the CLIENT’s written notification to stop work. In the event of termination, the CLIENT shall also pay expenses incurred by BREVAMP and BREVAMP shall own all rights to the work. The CLIENT shall assume responsibility for collection of all legal fee necessitated by default in payment.
16. Domain Names
16.1 All domain names are legally owned by the CLIENT. All domain name registration are subject to availability and registration rules. The CLIENT manages their domain(s) and payment of fees unless the CLIENT requests in writings that BREVAMP manage the domain name(s) on behalf of the CLIENT. BREVAMP will invoice the CLIENT when fees are due.
16.2 BREVAMP uses Fivio Enterprise (referred to as REGISTRAR) to manage our CLIENT’s domain names. CLIENTS are bound by the REGISTRAR’s “Domain name registration terms” which are found on their website: www.fivio.com 16.3 The CLIENT imdenifies BREVAMP against any loss or damage arising directly or indirectly from any failure of services provided by the REGISTRAR.
17. Browser Variance
Our websites are optimized for HTML/XHTML compliant browsers and adjusted to support Internet Explorer (IE). We test using the browsers that statistically the most commonly used. Layout and aesthetic elements may change or degrade in some browsers.
Websites are tested on
• Internet Explorer 7 and above.
• Latest version of Firefox
• Latest version of Safari
• Latest version of Chrome
BREVAMP will test and optimize for additional browsers and versions if requested by the CLIENT before commencement of the project.
18. Colors
Website visitors use different monitors with different settings. Colors and image quality of the website including graphics and photography will shift between computers and monitors.
19. Testing and Acceptance of the Website
Once the project has, in the opinion of BREVAMP been completed, BREVAMP will notify the CLIENT either verbally or in writings, and provide the CLIENT with an opportunity to test and review the website. If the CLIENT determines that the website does not comply with the Project Components agreed to in this document, BREVAMP agrees to carry out any necessary and reasonable modification without extra charge.
20. Website, Data and Security
20.1 Upon the end of this agreement, the CLIENT is free to transfer their website management to another service provider. BREVAMP will supply the last backup of the site and associated data. BREVAMP will take all reasonable actions to transfer the CLIENT’s domain name to a new registrar.
20.2 Ongoing Management (see definition) is not included in this agreement and will require an additional agreement.
20.3 If the CLIENT does not proceed with an additional or Ongoing Management agreement, the CLIENT is responsible for Ongoing Management of the website and indemnifies BREVAMP against any loss or damage arising directly or indirectly from website downtime or security breaches.
21. Client Responsibility
If the CLIENT or an agent of the CLIENT other than BREVAMP attempts to update, edit or alter the site’s pages, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair the web pages will be assessed at our STANDARD or OVERTIME hourly rate, and is an additional cost above costs outlined in this agreement.
22. Errors and Omissions
It is BREVAMP’s responsibility to check carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, BREVAMP is not liable for errors or omissions. The CLIENT indemnifies BREVAMP against any loss or damage arising directly or indirectly from any errors and omissions.
23. Revisions
BREVAMP will provide two rounds of revisions of content after the submission of the content, before the website is completed. Extended revisions outside of this scope will be charged under “Content Management” rates.
24. Copy
All text must be supplied in digital format (TXT, RTF, HTML, MS Word, Open Office, and InDesign).
25. Images
Graphics and photographs are to be supplied in digital format to BREVAMP. Photographs must not exceed a file size of 8MB each (unless by prior arrangement). Larger files will incur an extra cost due to increased time in processing.
26. Branding
All logos and branding must be provided in an industry standard vector format (preferences: EPS, PDF, Illustrator)