I. Acceptance of Terms
Visible One is a Digital Marketing company in Singapore with its recent expansion in Hong Kong, established and owned by KOSTECH COMPANY LIMITED. These Terms and Conditions governs your use of our website (www.visibleone.com.hk); by accessing or using this website, you signify your agreement to these terms and conditions.
If you do not agree with these terms and conditions or any part of these terms and conditions, you must not use this website.
We will make all endeavors to register the clients chosen domain name. However, we make no guarantees that the domain name is capable of registration by or on behalf of the Client or that it will be registered in the Client’s name. Once the domain name has been registered, we will send notification to the Client. Any action taken by the Client, before such notification is received by the Client, is at the Client’s risk.
Web Design and Development
- The website design may be used on one domain name only. The client is not permitted to use a design for more than one website without prior written agreement from Visible One.
- Visible One shall endeavor all websites to function across all different operating systems such as Internet Explorer, Mozilla Firefox and Google Chrome.
- The client agrees that all websites will be hosted by Visible One unless otherwise agreed in the contract.
- The client agrees that no liability will be attributable to Visible One in the event of website downtime or the inability to operate the web pages or website.
- Should the client supply material to Visible One believing it to be copyright and royalty free, which subsequently emerges to have copyright and royalty
limitations, the client agrees to permit Visible One to remove and/or replace the file at the client’s expense to be assessed on a quantum merit basis.
Search Engine Marketing
- Visible One undertakes to provide a Search Engine Marketing Services for the client in accordance with the Statement of Work using reasonable skill
- Due to external factors, we cannot offer any guarantees regarding the search engine position we will achieve for websites. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. Any website containing creative or functional input by Visible One shall be hosted, maintained and supported by Visible One to ensure the programs that we do will work. Hosting payment is included in the project quotation. While hosting cost recurs annually. We will notify you before the expiry date and it is the client’s responsibility to pay for the renewal of the hosting in time. Failure to renew in time can lead to loss of files, data, emails, backups etc. We may disable or delete all unpaid hostings from the server.
If you want to host your site on another server this must be disclosed to us before we begin the programming.
Support and Maintenance
Once your site is on live with your domain, we will carry out corrections and provide the client with support and maintenance services where reasonably possible and within reasonable timescales in the event there are problems, faults and/or errors with regard to the client’s website. Any additional work after the free support and maintenance is then charged depending upon the nature of the website changes such as layout or design changes. All additional charges will be in another quotation to be paid before any changes will be done.
A 50% deposit is required before we proceed with the service availed. Upon completion of the project and if approved by the Client, the remaining 50% shall become due before the website become on live. We reserve the right not to begin with any work until the 50% deposit has been paid in full. If the project has been started, the contract cannot be cancelled and the deposit is not refundable.
For web design, once you have paid us in full for our work, we grant you the authorization to use the website and its related software and contents for the life of the website.
IV. Requirements from Client
For Website Design and Development project, you may be required to fill out forms to supply all materials, content and information needed for us to complete the project in accordance with any agreed specification. Our team may also ask you some information from time to time when needed through phone or email. Where there is any delay in providing these information to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines.
Visible One is not responsible for any errors displayed of the content provided by client that is being used in the project.
V. Approval of Work
Once the overall website development is completed, we will send the finished project and have the opportunity to review the appearance and content of the website. You must notify us through a message or email of any unsatisfactory points within 7 days. You may give your comments and feedback for any changes such as in background color, photos and or in the content writing. If we don’t receive any update within the 7-day review period, the project completed will be considered approved and the website will be on live.
If you reject any of our work within the 7-day review period, we are pleased to offer you the opportunity to make revisions to the design or unsatisfactory points of the project. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
Any amendments to the project must be sent to Visible One by the client in writing by email. Visible One will assess the amendments required and discuss with the client the amended project details. Our website design and development phase is flexible and allows certain amendments to the original specification during the support and maintenances. However any major deviation from the specification such as the design of the website will be charged and will provide the client with an additional quotation as part of the amended specification. Visible One also reserve the right to request payment for amendments to the original specification before continuing work.
Visible One warrants that it shall perform the services with reasonable care and skill. Visible One warrants that the website will perform substantially in accordance with the project details for a specific period time from the date of launch of the website. During the warranty period, if the website does not perform in accordance with the site specification, Visible One shall, for no additional charge, carry out such work that is necessary to ensure that the site substantially conforms with the site specification. However, any changes in the design after the design approval will incur additional charges and will provide the client with an additional quotation.
VIII. Intellectual Property Rights
All material, both text and images, supplied by the client and used in the construction of the client’s Web site, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
All material provided by Visible One grants the Customer a royalty free, non-exclusive license of such Intellectual Property Rights for the purpose of operating the Website for its internal business purposes only. However, all Intellectual Property Rights in the Website provided by Visible One contains our logo and if you wish these Intellectual Property Rights to be label free, Visible One will provide the client with an additional charge.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
You agree to indemnify and keep indemnified and hold Visible One on demand harmless from and against any claim brought against any liability, damage, expense, claim or cost (including legal costs and expenses) suffered by Visible One as a result of the client’s breach of any clause of this Terms and Conditions and in respect of all losses, costs, damages, expenses due to any failure to carry out services within a given delivery timescale. This does not affect your statutory rights as a consumer.
The client may request in writing to cancel a project. Visible One will only accept this request for termination if work on the project has not yet begun. If work has already begun on the project, we will invoice the client for the work carried out.
XI. Limitation of Liability
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay or error in performance or completion of our contract, however that delay arises.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
XIII. Governing Law
This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong.
Should you have further questions about these Terms and Conditions, please contact us.