RETAINER PARTNERSHIP PROGRAM AGREEMENT
Last Update : 09/05/2024
Both "Senseplus Design Sdn Bhd" (hereinafter referred to as "SENSEPLUS") and the company that subscribing to the Retainer Partnership Program (hereinafter referred to as "THE CLIENT") agree to the Agreement as follows. By using our Retainer Partnership Program, you agree to be bound by this Agreement. If you do not agree to this Agreement, please do not subscribe to our Retainer Partnership Program.
1. Retainer Partnership Program (RPP)
1.1 SENSEPLUS offers the Retainer Partnership Program (RPP), providing continuous access to premium design services. Clients receive monthly credits based on the package selected by THE CLIENT as indicated below. Each package includes a set amount of free credits which THE CLIENT can utilize for our design services.
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2. Subscription Process
2.1 The initiation of the RPP subscription requires THE CLIENT to contact SENSEPLUS's client servicing team. Upon package selection, THE CLIENT agrees to execute this Agreement and submit the requisite payment.
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3. Subscription Package
3.1 THE CLIENT will select a package from those provided by SENSEPLUS. The package details will be listed below this agreement. All selected packages include a certain monthly amount of design credits and free monthly credits, which are subject to the terms outlined in section 4 of this Agreement.
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3.2 Downgrades the package are permissible only upon the conclusion of the annual contract period. During the subscription term, Clients may solely upgrade their package.
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4. Credit Usage
4.1 Design credits can be used for any design services offered by SENSEPLUS in the comprehensive list, excluding certain third-party purchases or services, at SENSEPLUS's discretion.
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4.2 Free monthly credits provided with the subscription package cannot be transferred and are only applicable for design services offered by SENSEPLUS. They cannot be used for projects such as website renewal, trademark registration, original video or photography purchase, or any non-design related services.
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4.3 Credits are non-transferrable and can only be utilized within the same company or sub-brand by the subscriber.
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4.4 Clients may upgrade to a higher package or procure additional credits to supplement their subscription. Top-up credits are available exclusively for Retainer Partnership Program subscribers upon exhausting monthly credits.
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4.5 Unused credits are automatically carried forward and remain valid as long as the subscription remains active.
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4.6 SENSEPLUS undertakes to provide monthly credit updates to THE CLIENT, with unused credits carried forward to subsequent months.
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5. Design Services
5.1 The RPP encompasses a comprehensive range of design services provided by SENSEPLUS, tailored to meet THE CLIENT's specific needs. The comprehensive list of design services can be requested through our client servicing team.
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5.2 Credits usage for design services starts from the package's allocation. However, please note that certain design services may require higher credit usage depending on the complexity and scope of the project, which will be determined in consultation with THE CLIENT.
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6. Design Revisions
6.1 Projects typically include a set number of complimentary revisions. Additional revisions may be subject to credit utilization, at SENSEPLUS's discretion.
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6.2 The terms and conditions for design revisions can be found on our website at this link.
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7. Payment Terms
7.1 Upon selection of the RPP package, THE CLIENT agrees to make payment to SENSEPLUS before the project commencement.
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7.2 Payment shall be made quarterly, with each payment covering the upcoming quarter of services.
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7.3 Failure to make timely payments shall result in the suspension of services until payment is received. Additionally, any delay beyond 15 days shall result in the forfeiture of monthly free credits.
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8. Yearly Contract
8.1 All Retainer Partnership Program (RPP) subscriptions are bound by a one-year contract.
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8.2 THE CLIENT's subscription will automatically renew at the end of each yearly term unless a cancellation request is received in writing to SENSEPLUS at least 30 days prior to the renewal date. If THE CLIENT does not request cancellation before the renewal date, the contract will automatically continue for another year.
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8.3 SENSEPLUS reserves the right to adjust pricing and terms for subsequent yearly contracts, with prior notification to THE CLIENT.
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8.4 If cancellation of the RPP subscription is requested within the contract period, THE CLIENT is required to make payment in full for the remaining contract term.
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9. Confidentiality
9.1 SENSEPLUS will keep all information you provide to us in connection with our Services confidential, except to the extent necessary to provide the Services or as required by law. You agree to keep all information related to our Services confidential, including our designs, techniques, and processes.
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10. Disclaimer of Warranties
10.1 SENSEPLUS Services are provided "as is" without any warranty, express or implied. We do not guarantee that our Services will be error-free, uninterrupted, or available at all times. We are not responsible for any loss or damage resulting from your use of our Services.
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11. Disclaimer of Profit and Results
11.1 SENSEPLUS makes no guarantee of earnings, profits, or other results for any of our products or services. Any examples or testimonials provided on our website or in our marketing materials are not intended to represent or guarantee that anyone will achieve the same or similar results. Actual earning potential and results are dependent on various factors, including individual effort, market conditions, and other external factors beyond our control. We do not guarantee any specific level of earnings or success for your business or brand. Any statements or representations made by SENSEPLUS are not to be interpreted as a promise or guarantee of earnings or results. By using our products or services, you agree that you understand and accept these limitations and that SENSEPLUS is not liable for any losses or damages that may occur as a result of using our products or services.
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12. Limitation of Liability
12.1 In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to our Services or this Agreement, even if we have been advised of the possibility of such damages. Our liability for any claim arising from or related to our Services or this Agreement shall not exceed the amount paid by you for our Services.
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13. Delays
13.1 Illness, injury, or other events beyond SENSEPLUS’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
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14. Governing Law
14.1 This Agreement shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.
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15. Dispute Resolution
15.1 Any dispute arising from or related to this Agreement or our Services shall be resolved through binding arbitration in accordance with the laws of Malaysian. The arbitration shall take place in Malaysia, and the award of the arbitrator shall be final and binding.
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16. Changes to this Agreement
16.1 We may update this Agreement from time to time by posting a new version on our website. Your continued use of our website or Services after the updated Agreement is posted constitutes your acceptance of the updated Agreement.
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17. Refund Policy
17.1 At SENSEPLUS, we strive to provide high-quality services and products to our clients. Due to the nature of our work and the time and effort involved in the creative process, we do not offer refunds once work has commenced. This policy applies to all of our services, including design, development, and other customized work. By using our services, you agree to and accept this refund policy.
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18. Contact Us
18.1 If you have any questions or concerns about this Agreement or our Services, please contact us at
+6011-2344-2868 or Email us at info@senseplus.my.