Terms & Conditions
Thank You for visiting our website eSource Software is in the business of providing IT software solutions to its clients.
By using our Services and Consultations, you are agreeing to these terms. Please read them carefully.
eSource Software would not be liable for any misuse of the products delivered. eSource Software would not provide the core technology to the clients in any condition without prior and written approval from both the parties. If the client wishes to buy the technology from eSource Software the cost of the technology would be decided only after completion of the project.
After selling the product and the core technology eSource Software will not be liable for any changes, maintenance and errors which might arise due to external tampering. If the client wants eSource Software to handle the maintainance of the product after selling the technology then there would be extra charges which would be decided mutually between the two parties in written. Each communication related to the technology and product would be considered valid for client only if they have the clauses mentioned in the agreement or have mails approved from the higher authorities of eSource Software.
The client can not sell the products or materials provided by eSource Software to another one without the written permission of eSource Software. In case of such a condition, eSource Software will have all the authorities to stop all the services provided to the client on immediate effect without any financial liability or losses.
eSource Software will not have any responsibility in case of giving money in the bank account of any other company.
QUOTATIONS AND ESTIMATES:
- All quotations and estimates provided by eSource Software are valid for a period of 15 days from date of issue. Quotations not accepted within this timeframe must be re-issued.
- All quoted prices, excluding where indicated, do not include Goods and Services Tax.
- eSource Software reserves the right to suspend the services/quotation at any time, without any prior information.
PAYMENT TERMS & INTELLECTUAL PROPERTY:
- All quotations provided by eSource Software, need a 50% deposit upon acceptance.
- Unless prior arrangement has been made, final payment is strictly next 10 days from the date of completion.
- Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such.
- eSource Software will only begin or start the work on the quoted application once any deposited funds have cleared.
- The customer will not be entitled for any service in case of delay in payment for more than 10 days from the final date of installation / date of project / module completion.
- If opted for service beyond the 12 months of maintenance period or as agreed by eSource Software, The Annual Maintenance Charges (AMC) will be normally applicable 50% (PERCENT) of original development cost of Project / Module; each year the development cost for new modules will be added to the initial development cost for the calculation of the AMC.
- The AMC percentage must be decided by the eSource Software; which depends upon the amount of efforts and work required. This % may vary each year.
- The recurring / renewal amount of the domain and hosting are subjected to change as per the market rates.
- eSource Software disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the courts of Penang, Malaysia.
- Unless specified all quotations provided by eSource Software, do not include any source code license.
- All source code and associated intellectual property relating to said source code, developed by eSource Software, solely remains the property of eSource Software, except where specific code license has been issued to the client and said issuance has been indicated in writing from eSource Software.
- Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by eSource Software for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.
- Any costs incurred by eSource Software for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing eSource Software code license for the quoted application.
- Clients are required to ensure that the content of the application being quoted adheres to all the current Malaysian legislation regarding publication.
- eSource Software reserves the right not to include any material supplied by the client within the quoted application if eSource Software deems said material inappropriate of offensive.
- It is the client's responsibility, in all cases, to ensure the applications content is displayed and formatted as they require. If the client cannot format the applications content, eSource Software will offer this service at eSource Software's current hourly rate at the time of the request.
- Should the client wish to cancel acceptance of the quotation, eSource Software will invoice the client for any work completed to date, as a percentage of the total work involved.
- The least cancellation fee will be 30% of the signed quotation.
PERMISSIONS AND COPYRIGHTS:
- The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to eSource Software.
- Supply of said material by the client to eSource Software shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.
- No responsibility will be accepted by eSource Software for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.
ERRORS AND LIABILITIES:
- eSource Software will pursue due care to ensure applications create by eSource Software are free of errors.
- eSource Software will correct any errors made by eSource Software staff in the undertaking of the quoted application.
- eSource Software does not accept responsibility for losses or damage arising from errors within any application.
- eSource Software does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that eSource Software may require completing the quoted application.
- Any alterations requested by the client after development has begun will incur extra development and regression testing time. Dependent upon the alteration or change requested an average of 3 days extra development time per alteration should be allowed for. The 3 day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.
- eSource Software will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted application.
- If eSource Software are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than eSource Software, the client will be charged at the hourly rate that is current for eSource Software at the time said errors are to be fixed.
DISBURSEMENTS & OUT OF POCKET EXPENSES
a. For any add on works, updates, changes, amendments in the software will be
b. Fees for Developer’s professional services do not include outside
purchases such as, but not limited to, Server, web hosting and domain
services, payment gateway, themes and addons, widgets and plugins,
photography, stock imagery, illustrations and third party software.
Developer utilises third party services and open source technology for web
design and development projects. Whilst every endeavour will be made to
ensure that the application and any scripts or programs are free of errors at
the time of delivery, Developer cannot accept responsibility for any losses
incurred due to malfunction of the web application or any part of it, including
where such malfunction is caused by changes to third party software (such as
updates, upgrades and bug-fixes made by third parties to their software or
coding). Developer cannot be held responsible for problems or additional costs
arising due to any errors made by any third parties (or the customer), or failure
to maintain a current backup of customer’s own website/software.
SERVER, WEB HOSTING, DOMAIN REGISTRATION & OTHER THIRD PARTY
Developer does not offer server/hosting or domain name registration. In the
event if requested by the Customer, Developer will offer the names of
businesses who provide such services. While all reasonable care will be taken
when recommending hosts and service suppliers, Developer will not accept
responsibility for any product failure or consequent production losses. This
includes, but is not limited to, your site not being online, service interruptions,
limitations of these services, security breaches & loss of date. The Customer is
required to research for their hosting solution to ensure the service will suite
their individual/business needs.
CONTENT AND FUNCTIONALITY
Developer is not liable for errors or omissions once the customer approved the
site to go live.
- Developer cannot be held responsible for breaches in the cyber security or
system security, in any form.
- Developer cannot be held responsible for breaches in the server or web
hosting, in any form.
- Customer has to do regular backups for recovery purposes and will be
responsible to backup their own valuable data.
Service Hours refers to the business hours as specified below
8h/5d refers to business hours from 9:00 am to 5:00 pm - from Monday to Friday.
Office is closed on Public holiday.
SERVICE AND SUPPORT CHANNELS
- When on-site support is required, additional costs for travel and
accommodation will apply.
- Any defects in the application will be addressed at the earliest and cannot
restrict any time frame.
COMPLETION OF WORK:
- All timeframes offered by eSource Software to the client are estimates. The intrinsic nature of software development and its intricacies do not offer eSource Software the luxury of defining definite timeframes.
- eSource Software will endeavour to complete all work within the estimated timeframes discussed with the client in the quotation. However, eSource Software will not be liable for any penalties, monies or hardships otherwise incurred by the client if the application cannot be delivered within the estimated timeframe.
- eSource Software will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.
- If eSource Software does not have control over the residence where the finished work will reside then full payment must be made prior to said work being released by eSource Software.
- The quoted application remains the property of eSource Software Software until all obligations have been met for release of said application to the client.
- If eSource Software is working as a third party to another company, said company is responsible in meeting the obligations for release of the quote application to their client.
This Agreement and the interpretation of its terms shall be governed by and construed
in accordance with the laws of Malaysia and shall be subjected to the exclusive
jurisdiction of the courts of Malaysia.
CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and these eSource Software Terms and Conditions may be amended, revised, changed, updated or modified by eSource Software with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change to the eSource Software Terms and Conditions constitutes your acceptance of any such change to the eSource Software Terms and Conditions.