Terms of Service

1. Acceptance of Terms

By accessing and using the website vivid-sunset.com ("Website") and engaging our services, you accept and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("Client," "User," or "you") and Vivid Sunset ("Company," "we," "us," or "our").

If you do not agree to these Terms, you must not use our Website or services. Your continued use of our services constitutes acceptance of any modifications to these Terms.

2. Description of Services

Vivid Sunset provides professional website creation and development services including but not limited to:

• Custom website design and development
• E-commerce website development
• Website maintenance and support
• Search engine optimization (SEO) services
• Website hosting and domain services
• Digital marketing consultation
• Content management system implementation

Specific services, deliverables, timelines, and pricing will be detailed in individual service agreements or project proposals.

3. Service Agreements and Project Scope

3.1 Project Proposals

Each project begins with a detailed proposal outlining:

• Project scope and deliverables
• Timeline and milestones
• Pricing and payment terms
• Technical specifications
• Client responsibilities

3.2 Scope Changes

Changes to the agreed project scope must be documented in writing and may result in additional costs and timeline adjustments. We will provide estimates for scope changes before implementation.

3.3 Client Responsibilities

Clients are responsible for providing:

• Timely content, materials, and feedback
• Access to necessary systems and accounts
• Clear communication of requirements
• Prompt responses to project-related inquiries
• Compliance with applicable laws and regulations

4. Payment Terms

4.1 Pricing and Invoicing

All prices are quoted in Malaysian Ringgit (MYR) unless otherwise specified. Invoices will be issued according to the payment schedule outlined in the project agreement.

4.2 Payment Methods

We accept payments via:

• Bank transfer
• Credit/debit cards
• Online payment gateways
• Other methods as agreed

4.3 Payment Schedule

Unless otherwise agreed, our standard payment terms are:

• 50% deposit required to commence work
• Remaining balance due upon project completion
• Monthly billing for ongoing services
• Net 14 days payment terms

4.4 Late Payments

Late payments may result in:

• Suspension of services
• Interest charges at 1.5% per month
• Additional administrative fees
• Legal action to recover outstanding amounts

5. Intellectual Property Rights

5.1 Client-Owned Content

Clients retain ownership of all content, materials, and information provided to us, including:

• Text, images, and multimedia content
• Business information and data
• Brand elements and trademarks
• Existing intellectual property

5.2 Work Product Ownership

Upon full payment, clients receive ownership of custom-developed work products specifically created for their project, excluding:

• Pre-existing intellectual property
• Third-party components and licenses
• General methodologies and techniques
• Templates and frameworks

5.3 Portfolio Rights

We reserve the right to showcase completed projects in our portfolio and marketing materials unless otherwise agreed in writing.

6. Warranties and Disclaimers

6.1 Service Warranties

We warrant that our services will be performed with professional skill and care consistent with industry standards. We provide bug fixes and corrections for a period of 30 days after project delivery.

6.2 Disclaimers

Except as expressly stated, we disclaim all warranties, including:

• Merchantability and fitness for a particular purpose
• Uninterrupted or error-free operation
• Specific business results or outcomes
• Compatibility with all systems and browsers

6.3 Third-Party Services

We are not responsible for the performance, availability, or functionality of third-party services, plugins, or platforms integrated into your website.

7. Limitation of Liability

To the maximum extent permitted by Malaysian law, our total liability for any claims arising from or related to our services shall not exceed the total amount paid by the client for the specific project giving rise to the claim.

We shall not be liable for:

• Indirect, consequential, or incidental damages
• Loss of profits, revenue, or business opportunities
• Data loss or corruption
• Business interruption
• Third-party actions or omissions

8. Confidentiality

We agree to maintain the confidentiality of all proprietary and sensitive information disclosed by clients during the course of our engagement. This obligation continues beyond the termination of our service relationship.

Confidential information includes but is not limited to:

• Business strategies and plans
• Financial information
• Customer data and lists
• Technical specifications
• Trade secrets

9. Website Use and Conduct

9.1 Acceptable Use

Users of our Website agree to:

• Use the Website for lawful purposes only
• Respect intellectual property rights
• Provide accurate information
• Maintain account security

9.2 Prohibited Activities

Users must not:

• Attempt to gain unauthorized access to our systems
• Interfere with Website functionality
• Upload malicious code or content
• Violate applicable laws or regulations
• Infringe on third-party rights

10. Termination

10.1 Termination by Client

Clients may terminate services with written notice. Termination does not relieve clients of payment obligations for work completed or expenses incurred.

10.2 Termination by Company

We may terminate services immediately if:

• Payments are overdue beyond agreed terms
• Client breaches these Terms
• Client engages in unlawful activities
• Continued service becomes impractical

10.3 Effect of Termination

Upon termination:

• All outstanding payments become immediately due
• We will provide completed work products upon payment
• Confidentiality obligations continue
• Access to systems and services may be suspended

11. Force Majeure

We shall not be liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, pandemics, internet service disruptions, or other force majeure events.

12. Dispute Resolution

12.1 Informal Resolution

Parties agree to attempt good-faith resolution of disputes through direct communication before pursuing formal remedies.

12.2 Mediation and Arbitration

If informal resolution fails, disputes shall be resolved through mediation, and if necessary, binding arbitration conducted under Malaysian law.

12.3 Governing Law

These Terms are governed by Malaysian law, and any legal proceedings shall be conducted in Malaysian courts.

13. Data Protection and Privacy

Our collection, use, and protection of personal information is governed by our Privacy Policy, which forms an integral part of these Terms. By using our services, you consent to our data practices as described in the Privacy Policy.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting on our Website. Continued use of our services after changes constitutes acceptance of modified Terms.

Material changes will be communicated through:

• Email notifications to registered users
• Prominent Website notices
• Direct communication for ongoing projects

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. Invalid provisions will be modified to achieve the intended effect to the extent possible.

16. Entire Agreement

These Terms, together with specific service agreements and our Privacy Policy, constitute the entire agreement between parties and supersede all prior agreements, representations, and understandings.

17. Contact Information

For questions about these Terms or our services, please contact us: