Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by QBYT SDN. BHD. ("we", "us", "our", "QBYT"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Services Description

QBYT SDN. BHD. provides technology services including but not limited to:

• Custom software development (ERPNext, Frappe Framework, Laravel, Next.js)
• IT consulting and digital transformation services
• Training and capacity building programs
• Technical support and system maintenance
• AI development and integration services

3. Service Agreement

3.1 Engagement Process

All services are provided based on written agreements or proposals. The specific terms, deliverables, timelines, and pricing for each engagement will be outlined in separate service agreements or statements of work.

3.2 Changes to Services

Any changes to the agreed scope of work must be documented in writing and agreed upon by both parties. Additional charges may apply for out-of-scope work.

4. Intellectual Property Rights

4.1 Client-Owned Materials

You retain all rights to any content, data, or materials you provide to us.

4.2 Developed Solutions

Unless otherwise specified in writing:

• Custom-developed solutions become your property upon full payment
• We retain rights to reuse general techniques, methodologies, and non-proprietary code
• Open-source components remain subject to their respective licenses

4.3 Pre-Existing Materials

We retain ownership of any pre-existing frameworks, tools, or materials we use in providing services.

5. Payment Terms

5.1 Fees and Invoicing

Service fees will be as specified in your service agreement. Invoices are typically issued:

• Monthly for retainer-based services
• Upon completion of milestones for project-based work
• As otherwise agreed in writing

5.2 Payment Due Date

Payment is due within 30 days of invoice date unless otherwise specified. Late payments may incur interest charges and may result in suspension of services.

5.3 Refund Policy

Refunds will be considered on a case-by-case basis for services not yet commenced. Once work has begun, fees are generally non-refundable except as required by Malaysian law.

6. Client Responsibilities

You agree to:

• Provide timely access to necessary systems, data, and personnel
• Provide accurate and complete information required for services
• Respond to our communications within reasonable timeframes
• Maintain confidentiality of any credentials or access we provide
• Comply with all applicable laws and regulations

7. Confidentiality

7.1 Mutual Confidentiality

Both parties agree to maintain confidentiality of sensitive information shared during the course of service provision.

7.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available
• Was known prior to disclosure
• Is independently developed
• Must be disclosed by law

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

8.2 No Other Warranties

Except as expressly stated, services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

8.3 Third-Party Components

We do not warrant third-party software, services, or components, which are subject to their respective licenses and terms.

9. Limitation of Liability

To the maximum extent permitted by Malaysian law:

• Our total liability shall not exceed the fees paid for the specific service giving rise to the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for losses resulting from factors beyond our reasonable control

10. Indemnification

You agree to indemnify and hold harmless QBYT SDN. BHD. from any claims arising from:

• Your use of our services
• Your violation of these terms
• Your violation of applicable laws or third-party rights
• Content or data you provide to us

11. Termination

11.1 Termination by Either Party

Either party may terminate services with 30 days written notice, except where otherwise specified in a service agreement.

11.2 Immediate Termination

We may immediately terminate services if:

• You breach these terms or your service agreement
• Payment is more than 60 days overdue
• You engage in illegal or unethical conduct

11.3 Effect of Termination

Upon termination:

• You must pay for all services rendered to date
• We will provide you with deliverables completed to that point
• Each party will return or destroy confidential information

12. Support and Maintenance

Unless specifically included in your service agreement:

• Post-deployment support is not automatically included
• Support services are available under separate support agreements
• Emergency support may be available at premium rates

13. Data Protection

Our handling of your personal data is governed by our Privacy Policy, which complies with Malaysia's Personal Data Protection Act 2010 (PDPA).

14. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, acts of government, pandemics, or internet service failures.

15. Dispute Resolution

15.1 Negotiation

In the event of any dispute, both parties agree to first attempt resolution through good-faith negotiation.

15.2 Mediation

If negotiation fails, parties agree to attempt mediation before pursuing legal action.

15.3 Jurisdiction

These terms are governed by Malaysian law, and disputes shall be subject to the exclusive jurisdiction of Malaysian courts.

16. General Provisions

16.1 Entire Agreement

These terms, together with any applicable service agreements, constitute the entire agreement between the parties.

16.2 Amendments

We may update these terms from time to time. Continued use of our services after changes constitutes acceptance of the updated terms.

16.3 Severability

If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force.

16.4 Waiver

Failure to enforce any provision of these terms does not constitute a waiver of that provision.

16.5 Assignment

You may not assign your rights or obligations under these terms without our written consent.

17. Contact Information

For questions about these Terms of Service, please contact us:

QBYT SDN. BHD.
Sabah, Malaysia
Email: legal@qbyt.my
Website: Contact Form