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Terms & Conditions

Both "Senseplus Design Sdn Bhd" (hereinafter referred to as "SENSEPLUS") and "Your Company" (hereinafter referred to as "THE CLIENT") agree to the terms and conditions as follows. By using our website or Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, please do not use any of our Services.

1. Payment

Client agree to pay us the full fees for our Services as set forth on our website or as otherwise agreed in writing, before we start to work on your project. Payment for our Services is due upon receipt of our invoice. We reserve the right to suspend or terminate our Services if payment is not received. Once we receive your payment, we will start working on your project.

2. Services

SENSEPLUS provides graphic design services, including but not limited to logo design, branding design, website design, and other services. By purchasing our services, you agree to the following terms and conditions:

2.A. Logo Design Service

• Client Information & Design Preferences: SENSEPLUS designer will design the logo for you based on the creative brief information and design preferences you provide. Please ensure that all the information is accurate before submitting the creative brief.

• Logo Working Days: THE CLIENT agrees to allow 10 working days for delivery of the first draft of the logo design, excluding the day of payment received.

• Logo Revision Rounds: Each round of revisions normally takes 3-5 working days to complete and feedback to THE CLIENT. The logo revision working day depends on the workflow of our designer. On occasion, if our designer have completed the design before the stated delivery date, we will send the revision earlier.

• Maximum Logo Revisions: Our logo design package allows a maximum of 5 logo design revisions. Please refer to the following charges rate for extra revisions:
(Mars Package RM300/Revision)(Saturn Package RM800/Revision)(Jupiter Package RM2,000/Revision).

• Unsatisfied With The First Draft of Logo Design: If you are unsatisfied with the first draft of the logo design with a "Rational Feedback", our designer agrees to redesign the unsatisfied logo option (For One Time Only). "Rational Feedback" rights are reserved by SENSEPLUS.

• Finished Revisions Round: If you finish all revision rounds and do not wish to continue, the project will be considered a KIV (Keep in View) project, and the payment will not be refundable. You may choose one logo from all previous logo options, from which our designer will commence output procedure for the final artwork into source file format & deliver to you.

• Final Artwork: After the logo design is confirmed, our designer will commence the output procedure for the final artwork into source file format (AI/JPG/PNG) and deliver the files via online transfer for easy download.


2.B. Branding Design Service

• Client Information & Design Preferences: Our designer will base the design of the brand identity for THE CLIENT on the information provided in the creative brief and their design preferences. Please ensure that all information is accurate before submitting the creative brief.

• Business Strategy & Marketing Plan: The Client agrees to share their business strategy or marketing plan with our designers to facilitate a more precise understanding of their branding concept. Our designers agree not to disclose any details of the contents to any third party.

• Branding Design Working Days: THE CLIENT agrees to allow 3 WORKING DAYS for delivery of the Project Timeline, 7 WORKING DAYS for delivery of the Brand Mood Board Proposal, 10 WORKING DAYS for delivery of the Logo Design, and another 10 WORKING DAYS for delivery of the Complete Brand Book. The entire branding design process takes about 1-3 months to complete, depending on the workflow of communication and design revisions.

• Branding Design Revision Rounds: Each round of revision normally takes 3-5 WORKING DAYS to complete, and feedback will be provided to THE CLIENT. The working day required for logo revisions depends on the workflow of our designer. On occasions when our designer have completed the design before the stated delivery date, we will send the revision earlier.

• Maximum Branding Design Revisions: Our branding design package allows a maximum of 5 LOGO DESIGN REVISIONS and 2 BRANDING DESIGN REVISIONS. Please refer to the following charges rate for extra revisions: (Logo Design RM800/Revision) (Branding Design RM2,000/Revision).

• Unsatisfied With The Branding Design: If you are unsatisfied with the first draft of the branding design with a "Rational Feedback", our DESIGNER agrees to redesign the unsatisfied brank book (For One Time Only). "Rational Feedback" rights are reserved by SENSEPLUS.

• Final Artwork: After the brand book design is confirmed, our designer will begin the output procedure for the final artwork in the source file format (AI/JPG/PNG) and deliver the files via online transfer for THE CLIENT’S easy download.

 

2.C. Website Design Service
 

• Client Information & Website Requirements: Our designer will create a website design tailored to the information provided in the creative brief and your requirements. Please ensure that all information is accurate before submitting the creative brief.
 

• Website Details: The client agrees to provide all necessary website details, including copywriting and content, images, and any other relevant information about their company. If you require our assistance with copywriting and content, extra charges may apply.
 

• Website Design Timeline: We require 3 working days to deliver the Project Timeline to you, which includes 3 phases: Phase 1 - Wireframe & Design, Phase 2 - Building Website, and Phase 3 - Live Test & Bug Fix. For more details, please refer to the FAQ section on our website or hover over the (?) symbol on the package details to learn more.
 

• Website Design Revisions: Our website and landing page packages offer different revision rounds, with website design providing up to 5 revisions and landing page design providing up to 2 revisions. Each round of revisions generally takes 3-5 working days to complete, and we will provide feedback to you after each round. The number of working days required for website and landing page revisions depends on our designer's workflow. If we complete the design before the stated delivery date, we will send the revision earlier.
 

• Hosting, Domain, and Standard Web Maintenance: We offer hosting, domain registration, and standard web maintenance services, and by using our services, you agree to comply with the outlined terms and conditions, including the payment of an annual renewal maintenance fee of MYR 2,800 (USD 650). Please note that the fee is subject to annual increases due to factors such as exchange rate fluctuations, third-party charges, and inflation. Your website is built on the Wix platform and cannot be converted to WordPress or any other platform. The website must remain on the Wix platform and cannot be transferred to another company. Failure to pay the annual renewal maintenance fee may result in the deletion of the website. We are not liable for damages resulting from such actions.

 

• Add-On Services: We offer over thousand add-on services depending on the client's needs. All types of add-on services and third-party plug-ins require additional charges on an annual basis. Please note that we cannot guarantee the uptime of their servers or the resolution of any related unfixed bugs. However, we will do our best to assist THE CLIENT in communicating with the service provider.

• Final Artwork: Once website is live with client's domain, it will be discoverable on the internet. We optimize website for search engines to ensure easy accessibility.



3. Unsatisfied With The Design Outcome

We always strive to deliver the best designs possible, and we understand that aesthetics is subjective. Therefore, we will do our best to revise the design and make it better based on your "Rational Feedback". However, just because you don't like the design doesn't necessarily mean it's bad. We hope that you can trust our team, as we have designed many great designs for award-winning businesses based on our experience, which should alleviate any doubts you might have.

If you are ever unsatisfied with the design outcome, we suggest that you follow the instructions below to help us solve the problem in an assuring way:

• Listen to and consider the designer's explanation before judging the design.
• Provide us with a sample of design that you find more satisfying and suitable.
• Schedule a discussion session or meeting with the designer.
• Ensure that the designer fully understands your expectations.
• Encourage the designer to improve the design rather than placing blame.

(Please note that we always appreciate your honest feedback, and we are committed to working with you to ensure your satisfaction with the final product.)


4. Rational Feedback

Client feedback is crucial and valuable to us in perfecting the designs. We appreciate all comments and feedback we receive and give them our full attention. However, at times, feedback may lack clear reasons or rationality, leaving our designers confused. This can result in numerous rounds of revisions that only lead to the same dissatisfaction. We encourage our clients to provide fair and clear feedback with constructive reasons so that we can revise the design to the best of our ability and avoid wasting time with multiple revisions.

Below are two examples of feedback that we consider Rational Feedback:


• We found that the design concept is too similar to a competitor, which may cause confusion among customers. Therefore, we request a revision or redesign.
• We believe that the conceptual direction of the overall design is incorrect and that the designer may have misunderstood our requirements. Therefore, we request a revision or redesign.


Below are two examples of feedback that we d
o not consider Rational Feedback:

• My friends and I don't like the design. I want a revision or redesign.
• I think the design lacks a certain sense, and it could be more to my liking. I want a revision or redesign.

(Please note that the above examples are not intended to criticize our clients' language capabilities or expression. Instead, they serve as examples of feedback with and without clear guidance, direction, and reasons for our designers to create the best designs and save our clients time.)


5. Prohibited Insulting & Intimidation

At SENSEPLUS, we believe in treating our staff with respect and dignity. We expect our clients to do the same. That means no verbal insults or intimidation, whether intentional or not.

Here are some examples of language that our staff has encountered in the past:

Insulting language:

My 3-year-old kids can design better than you, it's so easy!
Why are you so stupid, can't you understand something so simple?
If I knew how to use the design software, I could probably do a better job than you!

Intimidating language:

If my design doesn't meet my expectations, I might take to social media and talk about it!
If you can't do my design properly, I'll sue you with my lawyer!
I know a lot of big bosses in the underworld, so you better be careful with your design!

If any client behaves in a manner similar to the examples above, we reserve the right to immediately terminate our cooperation and not be eligible for a refund under any circumstances.



6. Design Portfolio

You consent that our designer may display and exhibit the artwork, which may or may not include reference to you or your business, products, or services, to our prospective clients in any marketing materials and on our website or social media for the purpose of the promotion of our services. If you do not wish us to publish your details, you should notify us in writing in advance by setting it out clearly in the Instruction. We shall not be liable for publication in the event that we have not been notified of your objection to publication.

7. Intellectual Property

SENSEPLUS own all intellectual property rights in the designs and other materials that we create for you as part of our Services. We grant you a non-exclusive, non-transferable license to use the designs solely for the purpose for which they were created. You may not reproduce, distribute, or display the designs in any other context without our prior written permission.

8. Trademark and Copyright

SENSEPLUS have a partnership with MyIPO & International Copyright agents and can provide your contact for them. They will assist in checking your logo or design availability and suggest the cost varies significantly depending on how many categories you wish to apply. The Client is responsible for the trademark and copyright of the logo design and all materials created under this project.

9. Confidentiality

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.

10. Disclaimer of Warranties

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.

11. Disclaimer of Profit and Results

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.



12. Limitation of Liability

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.

13. Delays

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.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

15. Dispute Resolution

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.

16. Changes to this Agreement

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.

17. Refund Policy

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.

18. Contact Us

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.

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