TERMS and condition

Date of Issuance: 1 January 2024

Last Updated: 1 June 2025

Version: Website Development and/or Maintenance-T&C-2025

1. Introduction

1.1. You (the “Client”) agree to engage My Weekend Plan Sdn. Bhd. (Registration No. 201801006531 (1268545-X)) (“MWP”) for the Services (as defined below) and MWP agrees to provide such Services, in accordance with the terms and conditions set forth in these Website Development and/or Maintenance T&Cs. These Website Development and/or Maintenance T&Cs are deemed incorporated by reference into all invoices, quotations, or engagement documents issued by MWP to the Client (“Invoice(s)”), which govern the provisions of the Services. By signing the Invoice(s) (whether digitally or physically), confirming engagement, making payment, or by utilising the Services, the Client explicitly acknowledges and accepts all the terms and conditions outlined in the Invoice(s) and these Website Development and/or Maintenance T&Cs and agrees to be bound by them. 

1.2. The effective date of these Website Development and/or Maintenance T&Cs shall be either the date when the Client signs the Invoice(s), the date the Client start utilising the Services, the date the Client makes payment for the Services, or the date as mutually agreed upon by MWP and the Client, whichever is earlier and applicable (“Effective Date”). 

1.3. These Website Development and/or Maintenance T&Cs shall continue in full force and effect from the Effective Date for the duration specified in the Invoice(s), or as otherwise agreed in writing between the Client and MWP (“Term”), or until terminated in accordance with these Website Development and/or Maintenance T&Cs or upon completion of the Services, whichever  occurs first. 

2. The Services and Scope of Services

2.1. MWP offers website development and/or website maintenance services. The Client agrees to engage the services of MWP to improve the performance, manage and/or maintain the Client’s existing website (“Existing Website”) or to develop a new website and/or website page(s) (“New Website/Webpage”), as the case may be. MWP agrees to provide the Client with a list of services as more particularly described in the Invoice(s) (“Services”) including deliverables to be delivered by MWP to the Client (“Deliverables”). “Deliverables” may include the New Website/Webpage, associated deliverables such as written and visual content, layouts, graphics, multimedia elements and images and/or other materials required to be performed or delivered by MWP to the Client pursuant to the Services but exclude MWP’s Existing Intellectual Property (as defined below) and MWP’s Tools (as defined below). Due to the nature of the Services, certain Deliverables are provided to the Client on an ongoing basis throughout the Term and are not tied to specific delivery dates; for any Deliverables that require specific timing, the frequency and timing will be discussed and agreed upon between MWP and the Client.

2.2. MWP will conduct testing to the New Website/Webpage to ensure its functionality, compatibility, and performance across different browsers and devices. The Client will be given a reasonable testing and acceptance period to test the New Website/Webpage within the time frame stipulated by MWP or, if no time frame has been stipulated, within fourteen (14) days from the date of MWP’s notification to the Client that testing can be carried out by the Client (“Acceptance Period”). The Client agrees to report any bugs, errors, issues or defects discovered to MWP during the Acceptance Period. The parties may agree upon an extended Acceptance Period in writing. 

2.3. MWP will address Client’s reported issues within a reasonable timeframe. The Client acknowledges that, trivial and cosmetic failures in the New Website/Webpage shall be considered acceptable and shall not be a basis for rejection or non-acceptance of the Deliverables. Trivial and cosmetic failures means minor issues that do not significantly affect the Deliverables’ functionality, usability, or overall appearance.

2.4. Upon completion of the Acceptance Period and after addressing any Client’s reported issues, or as soon as the Client’s approval is granted, MWP will launch and deploy the New Website/Webpage (“Go Live”) subject to the Client fulfilling the payment obligation as prescribed in these Website Development and/or Maintenance T&Cs and/or the Invoice(s). Upon Go Live, any subsequent revision to, maintenance of the New Website may be subject to additional charges determined by MWP or a separate agreement to be agreed upon between the parties. 

2.5. The Client acknowledges and agrees that MWP shall have the right to include a statement at the footer of the New Website/Webpage indicating MWP’s authorship and role as the creator of the New Website/Webpage. MWP shall exercise this right in a manner that does not compromise the overall design and user experience of the New Website/Webpage.

2.6. The Services are tailored to the specific business objectives and needs of the Client as communicated to MWP and are structured based on the mutual agreement between the Client and MWP (“Outcome”). While the Services are structured based on this mutual understanding, MWP can modify or revise the elements or strategies of the Services to better achieve the Outcomes. Any revisions/modifications to the Services shall be based on the agreed scope of work (including any cap on revisions, updates, or change requests) as stipulated in the relevant Invoice(s). 

2.7. If the Client requests significant amendments that alter the initial agreed-upon scope of Services, or if changes in the scope of Services are required due to changes in the Client’s business objectives or issues faced, MWP will assess the feasibility of such request. If deemed feasible, MWP reserves the right to adjust the payment terms to account for any additional time, cost and efforts required. If MWP identifies the need for changes or amendments to the agreed scope of Services to better achieve the agreed Outcomes or address unforeseen issues, MWP will notify the Client and provide an estimate of any additional costs or changes required. In any of these cases, the parties shall then discuss in good faith to determine and mutually agreed on a revise scope of Services and payment terms prior to any work being undertaken. 

2.8. MWP will provide the Client with regular updates throughout the Term. These updates will be provided on an ongoing and timely basis, with frequency and timing to be agreed upon between MWP and the Client.

2.9. Unless specifically stipulated in the Invoice(s), the Services exclude stock image/video purchases, photography and/or stock image/video subscription. Any special requests that fall outside of the agreed-upon scope of Services shall be subject to further discussion and payment. MWP will work with the Client to determine the feasibility of such requests and will provide an estimate for the additional costs associated with fulfilling them. The Client and MWP will then mutually agree upon the revised scope of Services and payment terms prior to any work being undertaken.

3. Obligations 

3.1. The Client acknowledges that MWP will require access to the Client’s Existing Intellectual Property (as defined below), the Client’s Content (as defined below), and other necessary information, resources, and materials from the Client (collectively, the “Client’s Materials”) to effectively perform the Services. The Client agrees to the following (as required and determined by MWP based on the nature and scope of the Services): 

3.1.1. provide MWP with the Uniform Resource Locators (URLs), relevant login credentials, administrative or back-end access to the Website (as defined below);

3.1.2. permit MWP to optimise and make changes to the Website as required including permitting and authorising MWP to transfer the server and/or hosting of the Website to MWP’s server and/or hosting if deemed necessary for the execution of the Services; 

3.1.3. provide all necessary information and content, including text, copywriting, images, video, logos, media files and any other materials required for the purpose of providing the Services and provide additional content such as text content in electronic format containing keyword phrases (“Client’s Content”); 

3.1.4. provide digital assets such as editable graphic/image files in Adobe Illustrator (AI) format or layered files with high-resolution formats; 

3.1.5. facilitate and provide information to MWP to communicate directly with any third party connected with the Website such as third-party developers, hosting providers, or platform vendors; 

3.1.6. provide access to website analytics tools such as Google analytics, cPanel login and other web-based control panels for an insight of the Website’s traffic statistics, user behaviour and other performance metrics; 

3.1.7. provide information on the Website’s architecture, server configuration, security features, content management system; 

3.1.8. create a new domain name and website if the Website is excluded from the search engine for whatever reasons through no fault of MWP or if deemed necessary for the execution of the Services; and

3.1.9. provide such other reasonable assistance as MWP may require in order to provide the Services. 

3.2. “Website” means the Existing Website and/or the New Website/Webpage (whichever is applicable).

3.3. Unless agreed otherwise between MWP and the Client, the Client shall be responsible for the general operation, maintenance (including timely renewals of domain and server/hosting services) and availability of the Website. In the event that the Website is managed by the Client’s website developer or hosted on the Client’s server, the Client’s website developer or the Client is solely responsible for the backup of the Website, including but not limiting to any plug-in(s), and saving a copy in the server and/or hosting. MWP shall not be liable for any loss(es) of data  or the need for restoration in such cases. In the event that restoration becomes necessary, it shall be subject to further discussion and additional payment as agreed between MWP and the Client.

3.4. Apart from MWP’s obligation to carry out the Services, MWP agrees to implement and maintain reasonable security measures to safeguard the confidentiality and security of the Client’s Materials in its possession during the Term. However, MWP shall not be liable for any breaches or losses resulting from events beyond its reasonable control including hacking, ransomware or similar attacks not caused by the act, omission or negligence of MWP.

4. Payment 

4.1. This clause shall be read together with the payment terms as stipulated in the Invoice(s) (“Payment”). The Client shall make the Payment in accordance with the amount, mode, manner and time period specified in the Invoice(s). It is the Client’s responsibility to ensure timely payment and MWP shall not be responsible for any delay or failure in payment caused by the Client’s bank, payment gateway, or any other third-party payment provider. The Client agrees and acknowledges that any delay or failure to make any Payment may result in: 

4.1.1. interest charges at the rate of one per cent (1%) per month on the outstanding Payment;

4.1.2. suspension of the Services until MWP receives the Payment (including interest charges); and/or

4.1.3. termination of the Services, as determined by MWP, and any decision taken by MWP as a result of the delay or failure in any Payment shall not constitute a breach of these Website Development and/or Maintenance T&Cs by MWP and MWP shall not incur any liability to the Client for such suspension or termination. 

4.2. MWP reserves the right to set off any advance Payment made by the Client against outstanding amounts due, including but not limited to fee revisions or any other unpaid charges under these Website Development and/or Maintenance T&Cs. In such cases, MWP will notify the Client of the set-off. The Client shall have the right to set off any Payment in the event of a breach of these Website Development and/or Maintenance T&Cs by MWP. 

4.3. Except as provided in these Website Development and/or Maintenance T&Cs, all Payment made by the Client are strictly non-refundable once paid. It is the Client’s responsibility to ensure timely payment and MWP shall not be responsible for any delay or failure in payment caused by the Client’s bank, payment gateway, or any other third-party payment provider.

4.4. If the Services are suspended at any time for a period of forty-five (45) days or for any other period as specified by MWP during the Term due to the Client’s failure to fulfil any of its obligations under these Website Development and/or Maintenance T&Cs or if the Client instructs MWP to stop the Services for whatever reasons, MWP reserves the right to charge additional payment to resume the Services after the said period.

4.5. All payment associated with the Services shall be exclusive of any and all applicable taxes and regulatory charges. All withholding tax, government tax, sales and service tax, and other similar taxes shall be borne by the Client.

5. Licence and Ownership of Intellectual Property 

5.1 “Existing Intellectual Property” means all existing intellectual property owned by either party prior to the commencement of the Services. This includes, but is not limited to logos, trademarks, designs, copyrights, patents, domain names, and other proprietary rights, whether registered or unregistered. 

5.2 “MWP’s Existing Intellectual Property” shall include its Existing Intellectual Property and other intellectual property which is owned, licensed to or controlled by MWP such as foundational algorithms, technologies and methodologies used to develop the Commissioned Work (as hereinafter defined). It also includes pre-existing software components, libraries and any features or functionalities of the Commissioned Work that are not developed specifically for the Client’s implementation.

5.3. “MWP’s Tools” means the materials, module, individual lines of code (source code), optimisation techniques, frameworks, design elements, creative aspects of the Services, information, trade secrets, generic programming codes and segments, algorithms, methodologies, processes, tools, data, documents, notes, programming techniques, reusable objects, routines, formulae and templates that: (a) are independently owned, created or developed by MWP and utilised by MWP in connection with the Commissioned Work; (b) are designed to perform generalised functions not specific to the particular requirements of the Client or the Commissioned Work; (c) do not contain any Client’s Materials, Client’s Confidential Information or other information or items provided by the Client; and/or (d) cannot reasonably be expected to provide the Client an advantage over its competitors.

5.4. “Commissioned Work” means the work produced and created by MWP pursuant to the Services including the Deliverables, which shall exclusively be owned by the Client, subject to the terms and conditions set forth in these Website Development and/or Maintenance T&Cs.   

5.5. The Client and MWP acknowledge that all Existing Intellectual Property shall remain the exclusive property of the respective parties. MWP retains full ownership rights, including intellectual property rights, to MWP’s Existing Intellectual Property and MWP’s Tools.

5.6 The Client grants MWP a royalty-free, revocable, worldwide, non-exclusive licence to use and display the Client’s Existing Intellectual Property and other intellectual property provided during the Services such as name, logo, and trademark for the purpose of performing the Services and for publicity purposes in MWP’s portfolio, website, social media, promotional and marketing materials.

5.7. Subject to the Client making the Payment, ownership rights, title and interest in the Commissioned Work (excluding MWP’s Existing Intellectual Property, MWP’s Tools or third-party materials incorporated into Commissioned Work) shall vest with the Client. Any non-assignable Commissioned Work will be licenced by MWP to the Client for its use. To the extent that any MWP’s Existing Intellectual Property or MWP’s Tools is incorporated into any Commissioned Work, MWP grants the Client a non-exclusive, revocable, worldwide, royalty-free licence to use them solely for the purpose of utilising the Commissioned Work in connection with the Services as contemplated under these Website Development and/or Maintenance T&Cs. Notwithstanding this clause, the Client agrees that MWP reserves the right to feature the Client and/or showcase the Commissioned Work in MWP’s portfolio, website, promotional and marketing materials, including displaying screenshots or providing a live link to the Website for the purpose of demonstrating MWP’s work.

5.8. MWP and/or the Client will seek any necessary approvals, releases, licences, permits or other authorisation to use any copyrighted materials, photographs, artwork or any other property or proprietary rights belonging to third parties in connection with the performing of the Services (if applicable). In the event that the Commissioned Work incorporates any third-party materials, the terms and conditions of the relevant third-party licences shall apply, and the Client shall comply with such licences. 

6. Indemnity 

Each party (“Indemnifying Party”) shall indemnify and hold harmless the other party  (“Indemnified Party”) from any and all claims, liabilities, losses, expenses and damages (including reasonable solicitor’s fee and legal cost) arising out of or in connection with any claims, proceedings, actions, or liabilities arising from any breach of any provision of these Website Development and/or Maintenance T&Cs by the Indemnifying Party, provided that the indemnity contained herein shall be without prejudice to any other rights or remedies of the Indemnified Party and all such other rights or remedies are hereby expressly reserved to the Indemnified Party.

7. Termination

7.1. Termination for Convenience: Notwithstanding anything contained in these Website Development and/or Maintenance T&Cs, either party may terminate these Website Development and/or Maintenance T&Cs at any time by serving on the other party not less than thirty (30) days’ prior written notice prior to the intended termination date.

7.2. Termination for Cause: If any party:

7.2.1 commits any material breach of any of its obligations under these Website Development and/or Maintenance T&Cs and fails to remedy such breach (if capable of being remedied) within thirty (30) days after being given notice to do so by the other party; 

7.2.2. suspends or ceases to operate or otherwise abandons its business;

7.2.3. if it is a body corporate or an entity, a petition is presented (and such petition is not stayed or struck-out within sixty (60) days of the petition being served), a resolution is passed or an order is made, for or in connection with the winding up, whether compulsory or voluntary (except for the purposes of a bona fide reconstruction or amalgamation), or if it is an individual, has bankruptcy proceedings initiated against such individual, or becomes an undischarged bankrupt;

7.2.4. becomes insolvent or is unable to pay its debts or admits in writing its inability to pay its debts as they fall due or enters into any composition or arrangement with its creditors or makes a general assignment for the benefit of its creditors; or

7.2.5 is convicted of a civil or criminal offence or is guilty of a gross misconduct, then the non-defaulting party shall have the right to terminate these Website Development and/or Maintenance T&Cs with immediate effect by giving a written notice to the defaulting party. 

7.3. Consequences of Termination: Upon termination of these Website Development and/or Maintenance T&Cs:

7.3.1. if the termination for convenience is initiated by the Client under Clause 7.1 or if MWP terminates these T&Cs for cause pursuant to Clause 7.2, any advanced Payment made by the Client to MWP shall be deemed forfeited and nonrefundable. If the termination for convenience is initiated by MWP under Clause 7.1 or if the Client terminates these T&Cs for cause pursuant to Clause 7.2, MWP shall refund any unused portion of the advanced Payment to the Client (calculated on a pro-rata basis to reflect work completed up to the date of termination).

7.3.2. upon request by the disclosing party, the receiving party shall immediately return or destroy all Confidential Information (as hereinafter defined) and all copies of such Confidential Information which are in its possession, custody or control to the disclosing party; 

7.3.3. the Client shall: 

(a) promptly pay all the outstanding Payment to MWP up to the date of termination, including any sum incurred relating to non-cancellable commitments and any sum payable upon MWP achieving the KPI (if applicable); and/or

(b) if applicable, immediately and permanently cease to use, in any manner whatsoever, any Commissioned Work which the Client has not paid in full. 

7.3.4. MWP shall: 

(a) upon request by the Client, cease to use and/or return the Client’s Materials, which are in its possession; and/or

(b) transfer, assign or make available the Commissioned Work to the Client provided there is no outstanding Payment by the Client. 

7.4. Termination of these Website Development and/or Maintenance T&Cs shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Website Development and/or Maintenance T&Cs which existed at or before the date of termination.

8. Representation and Warranties 

8.1. Each party represents and warrants to the other party that:

8.1.1. it has the full power and authority to enter into, to perform and observe its obligations under these Website Development and/or Maintenance T&Cs; and

8.1.2. the execution, performance and observance by it of these Website Development and/or Maintenance T&Cs will not result in any breach of any provision contained in any agreement or instrument to which it is a party or by which such party is bound or any laws applicable to it, which in the event of breach may adversely affect the ability of such party to comply with, perform or observe the terms of these Website Development and/or Maintenance T&Cs.

8.2. The Client represents and warrants to MWP that all Client’s Materials provided to MWP are true, accurate, complete and comply with all applicable laws, regulations and industry standards. The Client has the absolute legal rights and beneficial ownership over the Client’s Materials or has obtained all necessary permissions, approvals, licences to use the Client’s Materials from any related third party in cases where the Client does not have the ownership or rights over any parts of the Client’s Materials. The Client agrees that MWP shall not be held liable for any claims, copyright infringements, or other legal issues arising from the use of unauthorised or improperly licensed materials supplied by the Client.

9. Email Hosting Services and Support

9.1. Any request by the Client for technical support in relation to webmail or email hosting services (whether hosted by MWP or a third-party provider), including but not limited to configuration, setup, troubleshooting, connectivity, or related assistance on webmail services that are not provisioned, managed or maintained by MWP, shall be subject to a support fee of Ringgit Malaysia Two Hundred (RM200.00) per support session, or such other amount as determined by MWP based on the nature, complexity, and duration of the support required.

9.2. MWP shall not be held liable for any loss, corruption, inaccessibility, or permanent deletion of email data arising from the use of webmail or email hosting services (whether provided by MWP or by third-party service providers), including but not limited to webmail hosting services (such as Exabytes, GoDaddy, or Hostinger) or dedicated email hosting providers (such as Google Workspace or Microsoft 365. This includes, without limitation, any malfunction, misconfiguration, or failure of third-party email servers, web hosting environments, or related infrastructure, unless such loss, corruption, inaccessibility, or permanent deletion of email data is directly caused by MWP’s own fault or gross negligence. 

9.3. In the event of any issues described in Clause 9.2 occurs, MWP may, at its discretion and without assuming any liability, assist the Client by coordinating with the relevant hosting provider to attempt data retrieval. Such assistance will be subject to the applicable support fee as determined by MWP. Notwithstanding the support provided, the Client agrees and acknowledges that MWP does not guarantee any retrieval outcome, as it depends on the technical limitations, cooperation, capabilities, and policies of the hosting provider.

9.4. While MWP may recommend the use of enterprise-grade email hosting providers such as Google Workspace or Microsoft 365 for improved stability and security, the Client acknowledges and agrees that MWP shall not be held liable for the performance, reliability, accessibility, or any data loss arising from the use of any such third-party email hosting providers.

10. Disclaimers and Acknowledgement

10.1. MWP does not provide any guarantee, warranty, representation or undertaking:  

10.1.1. as to the performance, availability, or functionality of the Website after the Acceptance Period, unless agreed otherwise between the Client and MWP; and

10.1.2. that the Website will be error-free, uninterrupted, or free from malware or other harmful components.

10.2. The Client acknowledges that:

10.2.1. the Client is solely responsible for implementing its own security measures, backups, maintenance, and ensuring the availability and suitability of the Website for its intended purpose;

10.2.2. the Services or the ranking of the Website may be affected if the Client (including its web developer) make changes to the Website without first consulting MWP including making any changes on an optimised web page, taking down part of the Website, renaming the URLs, making changes to the server/hosting settings of the Website;  

10.2.3. the integration of third-party services, plugins, or components into the Website may introduce inherent complexities beyond the direct control of MWP. In the event that any errors or issues arise from the integration of such third-party elements, MWP hereby expressly disclaims any liability for resulting losses, damages, or adverse effects experienced by the Client. It is the sole responsibility of the Client to diligently assess and manage risks associated with third-party integrations, including conducting thorough due diligence on the reliability and compatibility of the selected third-party services;

10.2.4. failure to renew domain registrations and server hosting services may result in temporary or permanent unavailability of the Website, MWP shall not be held responsible for any consequences arising from the Client’s failure to renew domain registrations and server hosting services in a timely manner;

10.2.5. MWP relies on the Client’s Material to perform the Services and the Client shall promptly notify MWP of any changes, updates, or corrections to the Client’s Material. Failure to provide timely and accurate Client’s Material may result in delays, errors, suboptimal performance of the Services, which may impact the overall effectiveness of the Services or result in extra charges for MWP’s time and work; and

10.2.6. the Client’s active participation and timely provision of content, feedback, and approval are vital for the successful and timely completion of the Services. Any delays caused by the Client’s failure to fulfil its obligations as prescribed in these Website Development and/or Maintenance T&Cs may result in adjustments in timelines and/or additional charges.

11. Limitation of Liability  

To the fullest extent permitted by laws, MWP (including its affiliates, directors and employees) shall not be liable for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Client of an indirect, special or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. If any limitation or exclusion of liability in these Website Development and/or Maintenance T&Cs is not enforceable, MWP’s total liability for any claim arising out of or relating in any manner shall not exceed the total Payment paid by the Client.

12. Confidentiality

Each party agrees to keep all information received from the other party in connection with these Website Development and/or Maintenance T&Cs confidential. Both parties agree not to disclose, share or use the confidential information for any purpose other than the performance of their obligations under these Website Development and/or Maintenance T&Cs, except as required by law or with prior written consent of the disclosing party. This obligation shall cease to have effect if any confidential information becomes publicly available (other than by breach of these Website Development and/or Maintenance T&Cs).

13. General 

13.1. All notices, demands or other communications required or permitted to be given or made hereunder shall be in writing and delivered personally or sent by prepaid registered post with recorded delivery, or by courier or email transmission addressed to the intended recipient thereof at its address or at its email address as provided in the Invoice(s) (or to such other address or email address as a party to these Website Development and/or Maintenance T&Cs may from time to time duly notify the other). Any such notice, demand or communication shall be deemed to have been duly served (if delivered personally or given or made by email) immediately or (if given or made by registered post or courier) three (3) days after posting, and in proving the same it shall be sufficient to show that personal delivery was made or that the envelope containing such notice was properly addressed as a prepaid registered letter or that the email was properly addressed and sent.

13.2. The parties shall comply with all applicable laws relating to personal data protection and shall only collect, use, disclose and process personal data in full compliance with the personal data protection laws in Malaysia.

13.3. Each party shall bear its own costs and expenses as may be incurred in connection with the preparation, execution and implementation of these Website Development and/or Maintenance T&Cs. 

13.4. Neither party shall be liable for failure to perform due to such acts of God or terrorism, earthquakes, riots, war, fire, pandemic, epidemics, medical outbreak, governmental restrictions and other like events of similar nature beyond its own reasonable control. If any party is or is likely to be, affected by any such event it will immediately notify the other party of the occurrence of the relevant event and will use all reasonable endeavours to overcome or mitigate the effects thereof. For the avoidance of doubt, inability to pay or other circumstances which may make the terms of these Website Development and/or Maintenance T&Cs unattractive to a party shall not fall within the ambit of this clause. Either party may choose to terminate these Website Development and/or Maintenance T&Cs if the relevant event continues for more than two (2) months from the date of such notification.

13.5. Neither party shall assign or transfer its rights and obligations under these Website Development and/or Maintenance T&Cs without the prior written consent of the other party, which consent shall not be unreasonably withheld. 

13.6. Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the parties.

13.7. No waiver of any breach of these Website Development and/or Maintenance T&Cs shall be deemed to be a waiver of any other or of any subsequent breach. The failure of any party to enforce at any time any of the provisions of these Website Development and/or Maintenance T&Cs shall in no way be interpreted as a waiver of such provision. 

13.8. The rights and remedies provided in these Website Development and/or Maintenance T&Cs are cumulative, and are not exclusive of any rights or remedies of the parties provided at laws, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the party shall not constitute a waiver by such party of the right to pursue any other available remedies.

13.9. If any or any part of the provisions contained in these Website Development and/or Maintenance T&Cs shall be determined invalid, unlawful or unenforceable to any extent, such provision shall be severed from these Website Development and/or Maintenance T&Cs and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

13.10. The interpretation, construction and performance of these Website Development and/or Maintenance T&Cs shall be governed exclusively by the laws of Malaysia (without regard to any conflicts of laws principles) and the parties expressly submit irrevocably to the jurisdiction of the courts of Malaysia.

13.11. Any difference or dispute between the parties concerning these Website Development and/or Maintenance T&Cs shall be settled amicably through mutual consultation and/or negotiations between the parties within thirty (30) days from the date where the dispute has arisen, or such other date as the parties may otherwise agree in writing before initiating any legal action or proceedings.

13.12. These Website Development and/or Maintenance T&Cs shall be binding upon and inure for the benefit of the respective heirs, personal representatives, successors-in-title or permitted assigns, as the case may be, of the parties.

13.13. Time whenever mentioned shall be the essence of these Website Development and/or Maintenance T&Cs.

13.14. MWP may amend these Website Development and/or Maintenance T&Cs from time to time by publishing the updated version on the relevant web link. The updated Website Development and/or Maintenance T&Cs will take effect on the date stated in the “Last Updated” notice at the top of this page. Continued use of the Services after the effective date of any changes constitutes the Client’s acceptance of the amended Website Development and/or Maintenance T&Cs. If the Client objects to the amended Website Development and/or Maintenance T&Cs, the Client must notify MWP in writing. Both Parties shall then engage in good faith to resolve the objection or agree on the applicable terms. Until resolution is reached, the existing version (as last agreed or accepted) will continue to apply for the remainder of the then-current Term, unless otherwise agreed in writing.

13.15. MWP operates from Monday to Friday, between the hours of 9:30 a.m. to 5:30 p.m., or as otherwise informed by MWP. Any documents, messages, or requests submitted by the Client outside of these operating hours or during public holidays will be reviewed and processed on the next working day. MWP will make reasonable efforts to accommodate last-minute requests from the Client; however, such tasks will be subject to availability, with priority given to pre-scheduled commitments, and may be subject to an additional fee as communicated by MWP.