Terms & Conditions of TSMC EDAR SDN BHD Services

1. Price Variation:
Estimates are based on current costs of production and unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.

2. Tax:
TSMC EDAR SDN BHD reserves the right to charge the amount of any taxes, value added tax, duties or royalties, etc, which are payable, whether included on the estimate or invoice in accordance to Malaysian law rules and regulations.

3. Preliminary Work:
All work carried out, whether experimentally or otherwise, at Client’s request shall be charged. (If applicable)

4. Copy:
A charge may be made to cover any additional work involved where copy supplied is not clear or legible.

5. Proofs of all work may be submitted for Client’s approval and TSMC EDAR SDN BHD shall incur no liability for any errors not corrected by the Client in proofs so submitted, Client’s alterations and additional proofs necessitated thereby may be charged extra.

6. Copyright:
(a) The Client shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs. The Client will indemnify the designer/printer and his agents from any claim arising thereof.
(b) Any work originated by TSMC EDAR SDN BHD shall remain the copyright of TSMC EDAR SDN BHD unless entered into writing agreement and is approved by TSMC EDAR SDN BHD.

7. Company Imprint:
Unless otherwise specification requested in writing, all work will carry TSMC EDAR SDN BHD imprint which will be positioned at TSMC EDAR SDN BHD’s discretion.

8. Delivery and Payment:
(a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
(b) On certain classes of work TSMC EDAR SDN BHD reserves the right to insist upon payment being received prior to commencement of work.
(c) The responsibility of collection/delivery of goods lies with the Client. Any carriage arranged by TSMC EDAR SDN BHD is on the Client’s behalf and TSMC EDAR SDN BHD is not liable for any delays arriving out of the carriage.
(d) In consideration of TSMC EDAR SDN BHD accepting instructions from any private company, limited company, plc, individual ‘trading as’, charity, partnership, organization, or government body, the directors or other duly authorized officers hereby guaranteed (and if more than one, jointly and severally) payment of all fees and disbursements payable by the company to TSMC EDAR SDN BHD to the intent that they (the signatories) shall be jointly and severally and personally liable with the company to TSMC EDAR SDN BHD
(e) Should work be suspended at the request of or delayed through any default of the Client for a period of 30 days TSMC EDAR SDN BHD shall then be entitled to payment of work already carried out, materials specially ordered and the other additional costs including storage.

9. Credit:
(a) Credit arrangements will only be considered subject to acceptance of payment being made in full within 30 days of the date invoice.
(b) Failure to make payment can incur a monthly interest charge of no more than 10% of the gross amount being levied from the date of the invoice.
(c) By placing an Order with TSMC EDAR SDN BHD whether in the form of a memo, letter, formal Purchase Order or otherwise, the Client agrees that full payment of the goods or services delivered shall be made no later than 30 days from the date of TSMC EDAR SDN BHD’s invoice.

10. Currency Fluctuations:
The invoice price can vary from the estimate given subject to exchange rate fluctuations.

11. Completion Dates:
No completion dates are guaranteed unless Priority Service is specified and paid for, the required date notified in writing. In the event of such a completion date not being met then TSMC EDAR SDN BHD’s liability shall only extend to the refund of the Priority Service charge.

12. Variations In Quantity:
Every endeavor will be made to deliver the correct quantity of printed material ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.

13. Claims:
Any query regarding the invoice or the goods supplied or professional services rendered must be made to TSMC EDAR SDN BHD in writing within 30 days of the invoice date or delivery date, whichever is the latest. Any query regarding non delivery must be made within 14 days of the invoice date. Claims outside this limit will not be entertained. TSMC EDAR SDN BHD shall not be liable in respect of any case where the Client proves that (i) it was not possible to comply with the requirements (ii) advice (where required) was given and the claim made as soon as reasonably possible. The maximum amount of any claim cannot exceed the cost of replacing the material involved in the production of the work by TSMC EDAR SDB BHD and no claim for consequential loss will be considered.

14. Standing Material and Artwork:
(a) Digital artwork/files, film plates and other materials owned by TSMC EDAR SDN BHD and used by the company in the production of type, plates, mold, stereotypes, electrotypes, film-setting, artwork, negatives, positives and the like shall remain TSMC EDAR SDN BHD’s exclusive property. Such items when supplied by the Client shall remain the Client‘s property
(b) Type may be distributed, negatives destroyed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.

15. The copyright of all Brand (appearance of artwork), design, artwork, images, illustration and photography created by TSMC EDAR SDN BHD shall remain the property of TSMC EDAR SDN BHD.

16. CLIENT Property:
(a) Except in the case of a Client show is not contracting during business nor holding himself out as doing so, Client’s property and all property supplied to by or on behalf of the Client shall while it is in the possession of TSMC EDAR SDN BHD or in transit to or from the Client be deemed to be at the Client’s risk unless otherwise agreed and the Client should insure accordingly.
(b) TSMC EDAR SDN BHD shall be entitled to make a reasonable charge for the storage of any Client’s property left with the printer.
(c) Whilst every care is taken, TSMC EDAR SDN BHD and its agents cannot accept any responsibility for loss or damage to artwork, photographs transparencies etc. Any liability shall be limited to the replacement cost of the basic material.

17. Material Supplied by the Client:
(a) TSMC EDAR SDN BHD may reject any paper, plates or other materials supplied or specified by the Client which appear to TSMC EDAR SDN BHD to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged, except that if the whole or any part of such additional costs could have been avoided but for unreasonable delay by TSMC EDAR SDN BHD in ascertaining the unsuitability of the materials, then that amount shall not be charged to the Client.

18. Title and Risk:
(a) The Goods shall be at the Clients risk from the time of delivery or receipt of the same.
(b) Notwithstanding delivery, the Goods sold remain the absolute property of TSMC EDAR SDN BHD until payment of all amounts involved has been made.
(c) The Client acknowledges that until such time as payment is made, it is in possession of Goods solely as Bailee for the Company and shall store the goods separately from its own goods and in such time a payment is made.
(d) The Client acknowledges that until such time as payment is made, it is in possession of Goods solely as Bailee for the Company and shall store the goods separately from its own goods and in such a fashion as to be readily identifiable by the Company’s representatives.
(e) In the circumstances where the goods are delivered to an address specified by the Client and are not paid for the Company shall be entitled to enter upon the premises of the Client with such transport as necessary and repossess the goods to which it has hereunder.

19. Insolvency:
If the Client ceases to pay his debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be able to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy petition issued against him. TSMC EDAR SDN BHD without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the Client, such charge to be an immediate debt due to TSMC EDAR SDN BHD, and (ii) in respect of all unpaid debts due from the Client have a general lien on all goods and property in TSMC EDAR SDN BHD’s possession (whether worked on or not) and shall be entitled on the expiration of 14 day’s notice to dispose of such goods or property in such manner and at such price as the company thinks fit and to apply the proceeds towards such debts.

20. Translation:
Whilst TSMC EDAR SDN BHD will attempt to provide the best possible translations it is the Client’s responsibility to approve the quality of translations supplied. No responsibility will be accepted by the company for inaccuracies, unless it has been agreed that TSMC EDAR SDN BHD will be given sufficient time to check and edit the work.

21. Illegal Matter:
(a) TSMC EDAR SDN BHD shall not be required to print any matter which in its opinion is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights of any third party.
(b) TSMC EDAR SDN BHD shall be indemnified by the Client in respect of any claims costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design or any other proprietary or personal rights contained in any material printed for the Client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

22. Full Color Printing:
Every effort will be made to obtain the best possible color reproduction on Client’s work but because of the nature of the processes involved TSMC EDAR SDN BHD shall not be required to guarantee an exact match in color or texture between the Client’s original color photograph or transparency and the printed article. Clients who require color reproduction of a specific standard and who wish to check the color reproduction prior to printing, must order a color proof, in writing when placing the order. This will be charged as an extra. It is the Client’s own responsibility to ensure that the color photograph(s) or transparency(ies) submitted are suitable for the work in hand. TSMC EDAR SDN BHD cannot accept liability for unsatisfactory results caused by unsuitable or inferior photographic originals.

23. Force Majeure:
Consider TSMC EDAR SDN BHD shall be under no liability if it is unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may send written notice to TSMC EDAR SDN BHD to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

24. Law:
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of MALAYSIA.

25. TSMC EDAR SDN BHD Terms and Conditions are applicable to, and cover all and any work produced or created or services rendered by TSMC EDAR SDN BHD under instruction from the Client, this document will remain in force throughout the duration of the working relationship between TSMC EDAR SDN BHD and the Client, and can only be terminated with the agreement of TSMC EDAR SDN BHD and the CLIENT in writing.

26. Our web development team will match at the time of development and contract agreement to offer required functionality for current Internet Explorer versions which are supported officially by the official Vendor/Manufacturer and same may apply to other web browsers.

Suspension of Service
TSMC EDAR SDN BHD reserves the right to remove or suspend any server, website or web service should TSMC EDAR SDN BHD determine, in its absolute discretion, that it in any way endangers our network or servers/accounts on our network. Events, which may cause such action, include but are not limited to:
• server involved in a Denial of Service Attack
• server is involved in any form of illegal activity.
• server is hacked or otherwise compromised
• server is in any way used inappropriately
• server is causing network disruption however caused.
• client does not comply with TSMC EDAR SDN BHD’s Acceptable Use Policy
• client does not comply with TSMC EDAR SDN BHD’s terms and conditions

Planned and emergency downtime
TSMC EDAR SDN BHD reserves the right to suspend service provision with no notice should emergency maintenance become necessary. For planned downtime, wherever possible TSMC EDAR SDN BHD will inform the affected customer(s) by contacting them directly via either phone or email. In the event of full server suspension of service, either planned or otherwise, TSMC EDAR SDN BHD reserve the right to notify customers via additional means, including, but not limited to, the following:
• social media (e.g. Twitter, Facebook, etc.)
• www.tsmc.com.my
It is not anticipated that planned downtime will exceed more than 8hrs per calendar month.
If in the event of an emergency, if a client service must be suspended, TSMC EDAR SDN BHD will attempt to contact the client directly, however, TSMC EDAR SDN BHD reserve the right to suspend any, and all, service(s) without prior notification.

Damage or loss of business
TSMC EDAR SDN BHD are at no point liable for damage to customer property, reputation or loss of business due to suspension of service caused by, but not limited to, the following:
• server involved in a Denial of Service Attack
• server is involved in any form of illegal activity.
• server is hacked or otherwise compromised
• server is in any way used inappropriately
• server is causing network disruption however caused.
• client does not comply with TSMC EDAR SDN BHD’s Acceptable Use Policy
• client does not comply with TSMC EDAR SDN BHD’s terms and conditions

Security updates
TSMC EDAR SDN BHD always advise that the latest version of any web platform is used for security reasons. Web services will be quoted with the option of update available at an additional cost to the customer. If a client chooses not to accept the security/update package(s) available to them at any time, TSMC EDAR SDN BHD are not liable for any damage to customer property, reputation or loss of business caused by any of, but not limited to, the following:
• server involved in a Denial of Service Attack
• server is involved in any form of illegal activity.
• server is hacked or otherwise compromised
• server is in any way used inappropriately
• server is causing network disruption however caused.
• client allows updates or content revisions that affect the service or information provided by that service
• client does not comply with TSMC EDAR SDN BHD’s Acceptable Use Policy
• client does not comply with TSMC EDAR SDN BHD’s terms and conditions

Backups and disaster recovery
In the event of a client requiring a recovery from backup standard technical support call charges will be applied or to remedy any error in their web site design, code, scripts or any programs whatsoever then the client is liable for the relevant charges incurred in resolving the problem.

Technical Support hours:
Working hours are defined as follows:
Monday to Friday 9.00am to 6.00pm
Saturday & Sunday Emergency cover only by prior arrangement
Public holidays Emergency cover only by prior arrangement
Please use our ticket support to get in touch.

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