TERMS OF SERVICE

Effective as of November 20, 2020

Hello and welcome to LamanSewa!

LamanSewa is a website development and design service provided by Whitespace Media [SSM: SA0532867P] that maximises your website potential and minimises the cost through rental programs. By using LamanSewa, you can select the type of website you need and sign up for your personal or company website. 

By signing up for a LamanSewa (“LamanSewa”, “we”, “us”) account (“Account”) or by using any of LamanSewa services, you (“you”, “your” “user”) agree (“Agreement”) to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms, Privacy Policy and Cookie Policy covers your use of our website, access to our content (“Content”) and services (“Service”, “Services”). Any new tools and features that will be added to the current services will also be subject to the Terms of Service.

LamanSewa reserves the right to update and change the Terms of Service by updating this Terms and Service page. LamanSewa will be notifying updates of the Terms of Service through email notification to your registered account email address. 

1. Service

Service is applicable upon the first payment made by you to LamanSewa. The services can be categorized as normal services and paid services. LamanSewa reserves the right to update or change these services without prior notice.

1.1 Normal Services

Normal Services that are provided by LamanSewa are complimentary at no additional cost. These Services include; website design and development, consultation, customer management, customer support, website service update and maintenance, monthly basic web analytics. 

1.1.1 Website Design and Development

You are responsible for providing necessary information for LamanSewa to produce your website effectively. You have limited ownership of the website during the duration of service.

1.1.2 Consultation

You are entitled to a one-hour consultation with a LamanSewa representative at no additional charge. You are responsible to schedule a consultation within 3 business days as instructed in your sign-up email. 

1.1.3 Customer Management and Support

You will be assigned a customer manager representative upon sign-up. This person will be your future point of contact should you require any answers, support, additional information, or other means of assistance. 

1.1.4 Website Service Update and Maintenance

LamanSewa is responsible for the technical upkeep of your business. This includes updating software and features, resolving bugs and errors, and keeping your website safe from hackers.

1.1.5 Monthly Basic Web Analytics

LamanSewa will be providing you an update via email of your website performance on check day (last working day of the month). These analytics include; visits, unique visitors, page views, and average time on site.

1.2 Additional Paid service

Should you require additional Services, LamanSewa can provide the Services offered below at a fee. These services will be billed separately from the monthly subscription. Refer to Point 6, Billing and Payment of Fees for further information. Additional paid Services includes but not limited to; 

  • Professional consultation
  • Website user content update
  • Website layout update
  • User content creation
  • Advanced web analytics
  • Digital marketing

1.2.1 Professional Consultation

Should you require assistance to improve your digital presence through website optimization and digital marketing strategy, you can schedule an appointment to have an hour consultation with our digital specialists. You are responsible for setting up the appointment at your preferred time and date. Should you not be able to attend the appointment at the selected date, are required to provide a 24-hour notice prior to the cancellation. Failure to notify the cancellation will result in a forfeit of your fee.  

1.2.2 Website Content Update

On top of the included “Work Credit”, there will be additional charges for LamanSewa to update the user’s website content post website launch. This includes updating, changing, or removing any text, audio, and visual properties on your website. 

1.2.3 Website Layout Update

You may choose to update the layout of your website post launch at a cost. This includes but not limited to positioning of assets, features and information. 

1.2.4 User Content Creation

LamanSewa provides the service to create assets for your business at an additional cost. These assets include but not limited to copy, illustrations, photography, video and voice overs. These assets will be proprietary to you. LamanSewa will not produce content that violates the Malaysian Communication and Multimedia Act. Section 211 of the Communications and Multimedia Act 1998 provides:”No content applications service provider, or other person using a content applications service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.”

1.2.5 Advanced Web Analytics

You may choose to upgrade your monthly advanced web analytics before the 5 working days prior to check day. A payment to upgrade after this period will be reflected in your next month’s billing and web analytics updates. 

1.2.6 Digital Marketing

LamanSewa provides digital marketing services that encompass strategy, execution, and analytics to achieve your marketing goals. These digital marketing services include but are not limited to; social media, SEO, SEM, Email, and influencer campaigns.

1.3 Duration

Upon payment, the service will be active in accordance with your subscription duration plan. During this period, you can choose to interrupt or terminate the Service. Learn more about the cancellation at #. Account Termination. You can also opt to upgrade or downgrade your website preferences during this period for a fee. Should you choose to continue with the service, you will be notified three months prior to the expiration date of your subscription. You may choose to renew your subscription with no additional charge.

2. Content and Ownership

“Content” is defined as assets that can be produced and distributed digitally such as text, images, videos, and audio. User Content (“User Content” “your content”) is defined as assets that belong to you that you provide to LamanSewa with the use of our Service.

2.1 Ownership

LamanSewa does not claim any intellectual property rights over the content and materials you provide to the Service. All your content is proprietary to you. You may remove your content at any time.

By providing LamanSewa or uploading your content to the Service, you agree to; 

  • Allow other internet users to access and view your content 
  • Allow LamanSewa to store, publicize, display, and use your content
  • Allow LamanSewa to remove your content through the service however not obligated to so do  

You agree to own all rights to the user content that you hand over to LamanSewa to produce your website and in use for other services. You retain all rights and ownership to Your Content. We do not claim any ownership or rights to Your Content.

2.2 License and rights to Your Content

You grant LamanSewa non-exclusive rights and licenses to use your content such as; NamesTrademarksLogo BrandTaglineMedia files such as images, videos, and audioand other relevant content owned by your business to effectively conduct our ServiceBy providing us your content, you agree that you have all the necessary licenses and permissions to share and distribute, and grant us the right to use your content within the limitations of our services. You agree that your content provided is and will continue to be current, accurate, in no way unlawful for you to use, import, distribute, own, and in no way infringe upon or violate third party rights. You are responsible for compliance of your content based on applicable laws and regulations. 

2.3 LamanSewa’s Intellectual Property

You agree that all Service and Content provided by us that does not include your User Content such as text, font, graphics, user and visual interface, icons, artworks, applications, features, and other materials provided by LamanSewa Services including but not limited to the website structure, layout, arrangement, and “look and feel”, registered or unregistered, is owned or licensed by LamanSewa. LamanSewa does not grant any licenses, express or implied to reuse, distribute, sold, republish, display, repost for the public for commercial purposes. LamanSewa provides you with a non-exclusive, non-transferable, revocable right to use our Content on your website through our Service during the duration of your active subscription. 

3. Limitation of Liability

You agree that the use of our Services is at your sole risk. Without any warranty or condition, expressed, implied, or statutory, you understand and agree that the Services provided are on an “as is” and “as available” basis. 

You agree that LamanSewa does not warrant that our Services will be interrupted, halted, timely, secure, or error-free. 

You agree that results obtained through LamanSewa Services will be accurate or reliable. 

You expressly agree and acknowledge that, to the extent permitted by applicable laws, LamanSewa, LamanSewa’s employees, parent, subsidiaries, partners, affiliates, directors, officers, agents, employees and third party supplies, are not and will not be liable for any direct, indirect, consequential, incidental or exemplary damages, including but not limited to any quantifiable or intangible damages or losses such as loss of profits, goodwill, and data arising out of or related to a breach of this agreement. 

You agree to not use LamanSewa Services in any way or form; 

  • Is harmful to LamanSewa Services including without limitation using unauthorised data or assets, or overloading our servers with complicated technical infrastructure  
  • Activities relating to pyramid schemes, gambling, sweepstakes and lotteries, or other unlawful activities that violates laws, statutes or regulations within your jurisdiction or Malaysia
  • Illegally access LamanSewa’s private databases and servers or attempt to hack LamanSewa’s services such as distributing harmful viruses, flooding, pinging or other activities that can disrupt LamanSewa’s services.
  • Creating and participating in spam email to your customers through LamanSewa Services or to LamanSewa servers.

4. Rights of Third Parties

LamanSewa’s affiliates, partners, and third party vendors are not applicable to these Terms of Service. Only LamanSewa users and LamanSewa have rights under these Terms of Service.

5. DMCA Notice and Takedown Procedure

LamanSewa respects and supports the protection of intellectual property and asks that our users behave similarly. It is our policy to respond to notices of alleged copyright infringement. Should a person believe that their content is being used while infringing their intellectual property, they may send a DMCA Notice through our main company’s support email: support@whitespace.so. Upon receiving the DMCA Notice, LamanSewa will take action within 14 business days to comply by removing or disabling access to the content claimed. 

6. Billing and Payment of Fees

Your subscription service will be billed in 30-day intervals (“billing date”). You are to pay your subscription fees in advance. Transaction and Additional fees may be charged from time to time within LamanSewa’s discretion. Any outstanding payments and fees will be charged into your next billing date. Your fees and payments will be documented via invoice and sent to you through your email account. You are responsible to make payment or respond to the invoice within 7 working days of all issued invoice.

If at any time LamanSewa is unable to receive your payment due to chargeback or other rejections within 7 working days, LamanSewa will consider this as a breach of your payment obligation which would result in a termination or disablement of our Service towards you. Your use towards our Service will resume upon re-subscription and repayment of all your outstanding payments and fees.

7. Account termination

Should your account be terminated through your request or by LamanSewa; LamanSewa will cease providing you Service and you will no longer be able to access any related third party services.

Unless stated otherwise, LamanSewa is not responsible for any refunds or fees pro rata or otherwiseAny outstanding payments will immediately become due and payable in full effective immediately.

Your website will be taken offline and no longer belong to you.

  • Termination by user

You have the right to terminate any LamanSewa services at any given time by sending a request to our support team. The termination process may take up to 3 business days. To ensure that your cancellation does not occur after your next billing date, it is advised that your termination request is made 7 business days prior to your billing date.

  • Termination by LamanSewa

Failure to comply with these Terms will result in a termination of Service of LamanSewa and relevant third party services to you. LamanSewa reserves the right without limitation to suspend or terminate your Account if we suspect that you (through investigation, conviction, settlement or otherwise) have engaged or are involved in fraudulent activity through the use of our services. 

8. Data protection and privacy policy

Our privacy and data protection policy applies to the use of our Service. By using our Service, you agree and understand that LamanSewa’s collection, use and disclosure of personal information is governed by our Privacy Policy.

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