These terms and conditions outline the rules and regulations for the use of Ng Fang Kiang’s Website, located at https://jorcus.com.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Malaysia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Terms and Conditions


Cookies

We employ the use of cookies. By accessing Jorcus website, you agreed to use cookies in agreement with the Ng Fang Kiang’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Strictly necessary cookies: These cookies are essential to enable you to move around the Site and use its features. Without these cookies, services you have asked for (such as remembering your login details or the items you placed in your basket) cannot be provided.

Analytics cookies: These cookies collect information about how you use the Site, for instance which pages you go to most often, what searches you perform and if you get error messages from web pages. Information these cookies collect can be used to improve how the Site works.

License

Unless otherwise stated, Ng Fang Kiang and/or its licensors own the intellectual property rights for all material on Jorcus website. All intellectual property rights are reserved. You may access this from Jorcus website for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Jorcus website
  • Sell, rent or sub-license material from Jorcus website
  • Reproduce, duplicate or copy material from Jorcus website
  • Redistribute content from Jorcus website

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Ng Fang Kiang does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Ng Fang Kiang,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Ng Fang Kiang shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Ng Fang Kiang reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Ng Fang Kiang a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Ng Fang Kiang; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Ng Fang Kiang. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Ng Fang Kiang’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Your Privacy

We take your privacy and the protection of your data very seriously. We may gather and/or use certain information about you in accordance with our privacy policy. Please see our separate Privacy Policy for more information.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Advertisers & Sponsors Disclosure

This blog is also open to forms of cash advertising, sponsorship, paid insertions, and other forms of compensation and/or projects. But even though this blog is open to advertising, I will never recommend and write about products or brands that I don’t personally use nor believe in. I will always disclose whether I will be receiving any commissions or products for free, or if a trip was sponsored or not.

But I am definitely not responsible for the actions of my advertisers or sponsors. If you purchase a product or service based upon a link from my website, you must take action with that company to resolve any issues and NOT with me. Any product, claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

What’s more is that some of the links on the website are affiliate or referral links. At no additional cost to you, I will earn a small percentage of the sale if you make a purchase through my affiliate link or I will earn a bonus from your registration through my referral link. In fact, the cost for you will sometimes even be cheaper due to my partnership with a certain brand — so it’s a “win-win” situation for the both of us. Rest assured, I only support things that I trust and have personally used. Ultimately, I hope for your understanding that this is a way for me to keep this website running in tiptop shape; so your purchases or registration through any of my affiliate links is much appreciated!

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

Links to Other websites and Products

From our website, you can visit other websites by following hyperlinks to such external sites. Links to other websites are provided for the convenience of users. We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.

Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

EXCLUSION OF LIABILITY

We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss. 

SITE UPTIME

Every effort is made to keep the website up and running smoothly. However, Jorcus takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

Web Design & Development

All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.

By accepting a quote, you agree to and accept the terms and conditions of Jorcus.com. Acceptance can be verbal, by email, payment of Initiation, accepting with a quote, accepting with a quote in Fiskl.

Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.

Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Ng Fang Kiang.

Ng Fang Kiang will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

Any bugs (programming errors) reported during or just after the development does not attract additional charges.

Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.

Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges

Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Ng Fang Kiang be liable for any delays caused by change in the project brief.

Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.

Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.

Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.

If your website/application is not hosted on a our server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.

Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Ng Fang Kiang does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.

Ng Fang Kiang takes no responsibility of any open source products such as WordPress, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.

Ng Fang Kiang offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.

Hosting charges are not included in the quotations unless mentioned otherwise. Ng Fang Kiang can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Ng Fang KIang will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

Ng Fang Kiang generally builds and tests the websites/applications on our own servers or hosted domains. Ng Fang Kiang cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.

Ng Fang Kiang owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Ng Fang Kiang warrants a license to use any custom built software for the client, for their use only.

Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Ng Fang Kiang, upon full payment of any outstanding invoices, Ng Fang Kiang will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.

All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

Domain

All domain registrations and renewals are to be paid in advance.

Expiration of a domain can cause the service disruption and loss of the domain.

Ng Fang Kiang will not be responsible if a domain expires because of non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.

It is the client’s responsibility to renew their domain names with us.

All invoices and dues must be paid in full before we release the requested domain name.

Ng Fang Kiang has the domains in a common pool account and therefore cannot give access to its domain control panel.

Ng Fang Kiang offer packages in co-ordination with third-party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.

Hosting

Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.

It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hosting’s are disabled or deleted from the server.

All renewals must be paid by seven working days prior to the expiry date. Ng Fang Kiang will not be responsible for issues relating to delayed payment.

Hosting are on shared and non-shared servers hosted via third party providers. Ng Fang Kiang ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.

In case of a malware attack, Ng Fang Kiang reserves the right to delete files on the hosting service without giving any prior notice.

Cancellation/Termination:
Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.

If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting. Ng Fang Kiang will not be responsible for any loss of data, files, emails, backups, restoration costs etc.

If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.

Once all invoices are paid, it is client’s responsibility to request for the files subject to the below:
Ng Fang Kiang owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Ng Fang Kiang warrants a license to use any custom built software for the client, for their use only.

Emails:
All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.

Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.

Ng Fang Kiang offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

Hosting are on shared and non-shared servers hosted via third party providers. Ng Fang Kiang ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

GENERAL APPROACH

For general website design & development projects we employ the following steps:
• Upon quote acceptance/signoff, initiation payment is processed to start the project. As required by the project, we may hold a Scoping Workshop to discuss the requirements in detail.
• Once we have the brand details such as logo, images, branding materials etc, we will have a mock-up for your review within 5 to 10 working days.
• You can review the design and suggest improvements accordingly. Depending upon your project, generally up to 3 to 5 design modifications that can be done within the given estimates. Please refer to your allocated design and development hours for details.
• Once design is finalised & approved, we’ll proceed with the HTML development. At this stage we generally need around 3 to 5 banner text and/or images for rotation.
• Once, HTML is done, if CMS is included in your project, we will proceed to setup your website on your selected Content Management System (CMS). Please provide all content and copy prior to the development phase.
• Depending upon the time and resources allocated to your project, we’ll transfer as much content as possible from the old website to the new website. Remaining content can be transferred via the CMS by your designated staff. We can provide the instructions needed to help you do this.
• Once the site is ready from our end, we generally hand it over to you for further review, test and/or to upload/change contents as necessary.
• At this stage you need to give us a Go-Live date for us to make the new website/project live.
• Your website can be made live within 3 to 5 working days of a Go Live approval, assuming that the accounts are clear. Kindly note that we require full payment prior to transferring the website on any external servers.
• Kindly note, there are limited man-hours allocated on the project. The estimates for all website under $5000 are based on an assumption that projects will to be completed over eight to twelve working weeks depending upon the size of your project. Any further delays may increase the project management costs. If you do not believe the project to be completed within this time frame, please do let us know prior to starting the project.
• Also, generally speaking, going-back and forth takes a lot of time. We encourage you to provide all necessary details, at the start of the project to ensure that the project team’s time is efficiently utilised on your project and you do not incur any unnecessary additional costs.
• You will be kept updated via emails and/or telephone calls as the project demands. However, please do not hesitate to contact us any time you require a project status. Also, please always keep us updated with your relevant email addresses/contact details.
• Once the website/application has been made live on the client’s domain, it is their responsibility to take regular full back-ups and to update all components and third party softwares.

We consider ourselves to be very flexible and adaptable and approach all requests with a ‘can do’ attitude. If you require something changed, please feel free to discuss with us. Please contact us if you require further details or have any questions. We look forward to working together with you on your project!

Payment Terms

Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.

For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.

Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.

Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount from the due date.

Due date: Is the date on which the payment is due as per the terms on the invoice/proposal

Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Ng Fang Kiang will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.

Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.

• If you are late with a payment or have any queries regarding the Invoice, please contact us immediately on receiving the invoice or reminder emails.

• All communications/correspondences are generally done via emails/whatsapp. It is client’s responsibility to keep us updated with their relevant email addresses and contact.

• Ng Fang Kiang generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.

• Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified at least 30 days before the renewal date.

Payment Policy

For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.

Refund Policy

Because of the nature of products and services—which are digitally delivered and non-tangible goods—we cannot offer refunds or chargebacks for purchases unless we written it on the sales page.

If you have further questions, please feel free to email us at support@jorcus.com

Dispute, Liability and Indemnity

In an event of a dispute, Ng Fang Kiang reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Ng Fang Kiang reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Ng Fang Kiang be liable for any damages arising from misrepresentation or misinformation.

Ng Fang Kiang reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

Ng Fang Kiang provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Relationship of Ng Fang Kiang with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

Client will indemnify and hold Ng Fang Kiang, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Ng Fang Kiang.

Ng Fang Kiang will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

Reservation Of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

We reserve the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.

Consent

By using our website and services, you hereby consent to our disclaimer, agree to its terms and privacy policy.

If you require any more information or have any questions about our site’s terms, please contact us by email at contact@jorcus.com