The Client : The company or individual requesting the services of Go Media Malaysia.
Go Media Malaysia is the primary designer, employees, associated companies or affiliates.
Our registered office is at MENARA BOUSTEAD Unit 1.01, Ground Floor, Menara Boustead 39, Jalan Sultan Ahmad Shah, 10050 George Town, Pulau Pinang
Go Media Malaysia will carry out work only where an agreement is provided either by email, telephone, mail or fax.
An ‘order’ is deemed to be a written or verbal contract between Go Media Malaysia and the client, this includes telephone and email agreements.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Go Media Malaysia cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Go Media Malaysia until all outstanding accounts are paid in full.
Any Design, scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Go Media Malaysia remain the copyright of Go Media Malaysia and may only be commercially reproduced or resold with the permission of Go Media Malaysia
NOTE : Please note the above clause does not mean we own your website, all content, design and the website as a whole will be in your control and ownership, the above clause simply means you are not allowed to reproduce our work, resell or claim it’s your design work, you can sell the website as a going concern which would not infringe our copyright.
Go Media Malaysia accepts no liability for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website.
We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any coding additions to website briefs provided will be carried out at the discretion of Go Media Malaysia and may carry an additional cost. Where no charge is made by Go Media Malaysia for such additions, Go Media Malaysia accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
Regardless of time taken, any additional works carry a minimum charge of 1 hour currently at RM60 per hour
The client agrees to make available as soon as is reasonably possible to Go Media Malaysia all materials required to complete the site to the agreed standard and within the set deadline.
Go Media Malaysia will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Go Media Malaysiawill not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Go Media Malaysia will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Go Media Malaysia will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Go Media Malaysia will not be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
- In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
- If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
- We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
Go Media Malaysia will place footer text linked to the Go Media website to all websites created by Go Media unless expressly agreed prior to contract. This linked text may not be removed and must remain in place at all times. Any removal of such link will place the client in breach of our terms.
CMS Access – When your website is built you are provided your own type of access to the CMS, depending on your ability and website build you will be given either editor or shop manager status which provides you with all the ability to edit, update and run the website fully. Due to the possible security issues admin access will not be granted to any user other than Go Media staff while the website remains on our servers.
If you decide to move the website to another server, admin access can be granted once transferred and not prior, an admin charge of RM200 is charged for our assistance in migrating your website to your own designated server, once transferred and admin access granted all liability and/or guarantee will cease.
Modules, plugins and Licenses
Go Media will often use free to own core and/or add on modules, often we are able to acquire such modules free of charge and install and develop these to clients needs in order to fulfil the projects brief.
We do not however obtain any license in which we are able to transfer ownership off. All our websites are built using open source software and as such any competent developer or web designer would be able to continue with it’s development or maintenance.
A number of modules we are able to obtain and use within a build are outside the original authors support contract, however this support contract is not required as the product is already installed, developed and/or amended by ourselves. If website transfer is agreed, Go Media will no longer be liable for any future changes, updates or amends made to such modules or plugins and the their future compatibility.
100% Satisfaction Guarantee
Our 100% satisfaction guarantee means we will continue to design and make required amends up to the point of being 100% satisfied and that website has been built to your requirements and/or any provided brief.
This clause maybe withdrawn at the discretion of management if it is deemed the client is making an unreasonable amount of amends or changes beyond the original required scope for completing the project.
Go Media requires a non-refundable deposit of 50% upon forming of the contract on all of our projects and before any design work will be carried out.
The remaining 50% balance will be due within 30 days from the forming of the contract or 3 days prior to going live, which ever falls sooner.
For larger projects that are estimated to go over the 30 days, payment extension terms will be granted and agreed within each proposal.
The date of completion will be deemed as the date the design of the site has been completed to a sufficient state in order to hand over to the client in either a fully completed, or fully designed solution awaiting clients input of data. Go Media Malaysia will not accept delay in payment due the client not fulfilling their content obligation.
The client remains fully liable for the full design and development costs in full whether they choose to complete the project or not.
Upon full payment, it is deemed that the project has been completed to the clients satisfaction and no refunds can be offered.
All pricing is quoted in RM.
Go Media are not liable for any exchange rates or additional bank charges applied during payment.
For international payments, you must elect to pay all charges associated with payment transfer.
Database, Application and E-Commerce Development
Go Media Malaysia cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that any third party software they introduce is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Go Media Malaysia remain the copyright of Go Media Malaysia and may only be commercially reproduced or resold with the prior permission of Go Media Malaysia.
Go Media Malaysia provide a range of website and email hosting and are an authorised reseller of such, we recommend our own solutions due to reliability and history of compatibility of softwares used.
You may opt to have your site hosted elsewhere, where applications or sites are developed on servers not supplied by Go Media Malaysia, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
Go Media Malaysia accepts no liability and can not provide technical support for any issues or errors occurring from third party hosting solutions.
Payment for Go Media Malaysia hosting is charged on an annual/monthly basis. Failure to pay hosting charges when due will result in immediate suspension of the website until such time that any arrears for hosting are brought up to date. Please note – If suspension is required this may cause adverse effects to your current search engine listings, Go Media Malaysia will not accept any such liability due to any adverse effect suspension may cause.
We may on occasion offer a monthly hosting charge, although paying monthly the hosting remains on a 12 month contract minimum, cancellation prior to full 12 months will result in the balance for the year becoming due.
If you opt for no support package, where “bugs”, errors or other issues are found after the site has been live for 3 months, Go Media Malaysia will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Go Media Malaysia will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on.
All software, modules and core CMS solutions used, will utilise latest available software and industry best practises. We predominately develop in wordpress and our servers are built using a pre-configured setup in order to be compatible with all required PHP requirements. Where support packages are purchased we upgrade all core and server scripts to maintain this compatibility.
At times we may introduce third party software which is used in order to connect either off-site software or other functions needed for API purposes. Any such software required would need to be purchased or license by yourselves and would be indicated in any brief.
Go Media Malaysia reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.
Website optimisation comes in two forms, we provide a number of SEO modules which are designed for you to manage and overall enhance the websites ability to be ranked.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any form of guarantee regarding the position we will achieve for websites.
A combination of optimising techniques are designed to bring increase natural traffic and “hits”. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the search engine algorithms or external the factors that are used to rank websites.
Paid for Optimisation Service – We would only use ‘white hat techniques’ when optimising websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimisation process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
Go Media Malaysia reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
By entering into this contract you are giving Go Media express and unconditional use of your websites completed project images and screen grabs to be used in any marketing material that Go Media choose to use.
A link to Go Media’s website/websites will be placed in the footer of each website we design. You agree to not amend or remove this footer link for the duration in which you use our design works.
USE OF INFORMATION WE COLLECT THROUGH AUTOMATED SYSTEMS WHEN YOU VISIT OUR WEBSITE
Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
- to track how you use our website
- to record whether you have seen specific messages we display on our website
- to keep you signed in our site
- to record your answers to surveys and questionnaires on our site while you complete them
- to record the conversation thread during a live chat with our support team
Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
Our use of re-marketing
Re-marketing involves placing a cookie on your computer when you browse our website in order to be able to serve to you an advert for our products or services when you visit some other website.
DISCLOSURE AND SHARING OF YOUR INFORMATION
Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.
No such information is personally identifiable to you.
Third party advertising on our website
Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.
We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.
To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
Data may be processed outside Malaysia
Our websites are hosted in Malaysia.
We may also use outsourced services in countries outside Malaysia from time to time in other aspects of our business.
Accordingly data obtained within Malaysia or any other country could be processed outside Malaysia.
For example, some of the software our website uses may have been developed in the United States of America or in Australia.
We use the following safeguards with respect to data transferred outside Malaysia:
- the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
- the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in Malaysia.
- we comply with a code of conduct approved by a supervisory authority in Malaysia.
- we are certified under an approved certification mechanism as provided for in the GDPR.
- both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in Malaysia relating to protection of your information.
ACCESS TO YOUR OWN INFORMATION
Access to your personal information
- At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.
- To obtain a copy of any information that is not provided on our website you may send us a request at email@example.com.
- After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
Removal of your information
If you wish us to remove personally identifiable information from our website, you may contact us at firstname.lastname@example.org.
This may limit the service we can provide to you.
Verification of your information
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
Use of site by children
- We do not sell products or provide services for purchase by children, nor do we market to children.
- If you are under 18, you may use our website only with consent from a parent or guardian
- Certain areas of our website are designed for use by children over  years of age. These areas include pages that require purchasing
- We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.
- Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.
Encryption of data sent between us
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
How you can complain
- You can find further information about our complaint handling procedure at gomedia.com.my/terms&conditions
- If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
- If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office.
Retention period for personal data
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
- to provide you with the services you have requested;
- to comply with other law, including for the period demanded by our tax authorities;
- to support a claim or defence in court.
Compliance with the law
However, ultimately it is your choice as to whether you wish to use our website.
We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.