GeneralTerms Of Use

1. Definitions

These are the standard terms and conditions for All WordPress Projects and apply to all contracts and all work undertaken by Adrian Mark Fernandez or Partners of Cymric Malaysia ( “cymricweb.com”,”us”, “we”, or “our”) for its clients (“you”, “your”, “them”, “their”, “client(s)”).

2. Introductions

Cymric Malaysia is operated and owned by Adrian Mark Fernandez, Sole Trader, Penang, Malaysia.

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

By purchasing services from Cymric Malaysia under the Cymric Malaysia Brand, you agree to be bound by the following terms and conditions.

You agree that it is your responsibility to review this Terms of Use information periodically to familiarize yourself with any modifications and that your continued use of this site and our services after such modifications will constitute agreement to any modified terms and conditions.

3. Service Descriptions

Cymricweb.com is an online WordPress Business Development, E-Commerce, Support, Maintenance and Security service exclusively for single-site WordPress installations. Services include, but are not limited to, any and all services listed publicly on Cymricweb.com or offered privately to each individual client.

4. Work Hours

We operate from 11 a.m. (GMT+8) to 5 p.m. (GMT+8) for all our WordPress works. We operate from Monday to Friday, with holidays coincide with the Malaysia Calendar.

You agree to only send inquiries or support requests during above stated work hours and days. You also agree that you may not get any response during weekends or off-work hours unless your request is classified as an emergency which is within the scope of our emergency support.

5. Price & Payments

We partner up with SuperPay, which is a Stripe Certified partner, to provide a secure payment method for all our clients.

What do we accept for online payment:

  1. All major credit cards.
  2. Bank Transfer for Malaysian banks only
  3. PayPal for special cases.

What types of payments do we offer?

  1. One time payments
  2. Recurring payments (monthly or yearly)
  3. Partial payments (for development projects)
  4. Custom payments (installments or custom schedule, such as quarter yearly, or biennially, etc)

We do not process card or private data on our site, and no data is stored on our site. All data is minimally collected and processed by Stripe. Stripe is GDPR compliant and you may view their privacy policies at: https://stripe.com/en-my/privacy.

We only use such data provided for identification purposes. We may also use the data for our personal marketing purposes. (Only from Us to You) We do not share your information to any third party advertisers or any of the sorts.

All prices appearing on this site are subject to change without notice. All prices are in MYR/RM.

Payments are due before the start of a new service term for Bank Transfer Payees.

Payments not received before the start of a new service term must be made within 7 days or the account will be temporarily suspended. Once payment is made successfully the suspension will be removed.

Price changes in services to existing clients will be announced at least 30 days before they take effect.

You understand and agree that the information provided is clear enough, do refer to us for any questions. Any card processing issues should be directed to Stripe Support as We may be able to troubleshoot but only to a certain degree. Any potential deeper issues should only be directed to Stripe Support at https://support.stripe.com. If issues lie within our partner’s processing infrastructure, we will personally communicate with them to resolve your issue.

6. Clarification of Expectations

We advise if you have questions regarding critical features of your site (such as how payments are processed, or how shipping works, or how vouchers work, or how your gift card works, etc), please let us know so we can assess and provide you guidance before you launch any promotions or feature release to your customers.

In order not to disappoint your expectations, its best to invest the time to learn how your individual system works and keep learning as the WordPress ecosystem is very fluid and updates very frequently, WordPress plugin and themes work with their own user flow or calculations. Since most clients are less likely to invest in a custom built plugins or theme, all clients are expected to align their expectations towards the capabilities or flow of their current systems, rather than the plugin or theme aligning with clients expectations if all commercial solutions are exhausted.

This does not mean your particular expected feature will never come to existence. New plugins and themes are developed everyday and we may revisit these solutions in the future.

7. Disclaimer of Warranties

All the materials and services on this website are provided on an ‘as is’ basis with no warranty of any kind, express or implied, including suitability for any intended purpose.

We make no warranty that:

  • Our services and materials will meet your requirements or expectations;
  • Our services and materials will be compatible with your hosting environment;
  • Our services and materials will be error-free;
  • Our services and materials will be uninterrupted;
  • Results from the use of our services and materials will be accurate or effective.

This website could include mistakes, inaccuracies or technical errors. We may make changes to the website at any time and information about such services and materials could be out of date.

We are not responsible for any damages your business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our partners.

You understand and agree that temporary interruptions of the services provided by Us may occur as normal events. You further understand and agree that we have no control over your host or any third-party networks you may use in the course of the use of this site or our services, and therefore, delays and disruption of such networks are completely beyond our control.

You understand that all web hosts are different and that all of our services may not work with every host server setup. We will notify you during account setup if there are going to be problems using our services with your hosting setup. If settings on your host server change during your account period with us, that may affect our services and we will notify you if problems arise. We will also notify you if your changes may have/have a conflict with your hosting settings.

You agree that content provided by us for download to your computer or to other devices may not be error-free, and that you are solely responsible for damage incurred to devices or loss of data as a result of such download.

8. Limitation of Liability

Your exclusive remedy and our entire liability under this contract, if any, for any claim(s) for damages will be limited to the amount of our charges paid by you during the twelve (12) month period preceding the event giving rise to such claim.

In no event will Cymric Malaysia be liable to the customer for any claims relating in any way to lost profits or other consequential, incidental, indirect or special damages relating in whole or part to this contract or the use or inability to use our materials and services.

9. Indemnification

You agree that you shall defend, indemnify, save and hold Cymric Malaysia/cymricweb.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Cymric Malaysia, its agents, its customers, officers and employees, that may arise or result from your use or misuse of this website and our services.

You agree to defend, indemnify, and hold harmless Cymric Malaysia/cymricweb.com against liabilities arising out of any injury to person or property caused by:

  1. Any products or services sold or otherwise distributed in connection with Cymric Malaysia’s service.
  2. Any material supplied by you that infringes on the property rights of a third party, including, but not limited to infringement of copyright, trademark, or trade secrets.
  3. Any claim, suit, penalty, tax, or tariff arising from your use of Internet electronic commerce.

10. Governing Law

The laws of Malaysia, without reference to conflict of law provisions, will govern the validity of this Terms of Use Agreement, the construction of its terms and the interpretation of the rights and duties of the parties involved. 

Unless waived by Adrian Mark Fernandez/Cymric Malaysia/cymricweb.com (which it may do in its sole discretion) the exclusive jurisdiction and venue of any action with respect to the subject matter of this Terms of Use Agreement shall be Malaysia, and you agree to this waiving any objections on the basis of venue, jurisdiction or inconvenient forum.

12. Promotions

Promotional offers are not cumulative unless stated Please refer to us if you have any questions.

13. Cancellations & Refunds

Cancellation of any recurring service can occur at any time. Service is month to month, and there are no durational contracts. To cancel simply contact us at least 30 days prior to the start of the next monthly recurring service period starts. While we do not wish to see you go, we will provide a final round of WordPress updates before we permanently terminate the service.

We maintain a policy of no refunds. Due to the month-to-month, cancel anytime nature of this agreement we shall not be compelled to issue a refund, pro-rated or otherwise for any reason. We do reserve the right to issue a refund on a case-by-case basis at our sole discretion.

14. Refusal of Service

Cymric Malaysia/cymricweb.com reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

15. Acceptance

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here.  Cymric Malaysia reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

16. Search Engines

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practices and to the best of our ability.

17. Website Performance

We do not guarantee any specific website/page performance. We perform basic website optimisation according to current best practices and to the best of our ability.

18. Security

You are responsible for your website security. We do not guarantee any specific website security level, regardless of the chosen security measures and software. You will hold harmless, protect, and defend and indemnify Cymric Malaysia and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your and your clients’ use of your website.

We strongly advise investing in our Site Care Plans and our Advanced Security services, if you choose not to we will install a free version firewall/antivirus application and perform basic website security according to current best practice and to the best of our ability.

You understand and agree that no site is 100% hack/malware proof and our implementations only serve as a deterrence to most common hack /malware infection tactics and in no way as effective to deter specialized or expert hackers. You also understand that our Security services are meant for business sites or small traffic e-commerce. For critical sites (such as high traffic e-commerce), we suggest to invest in Enterprise Level Security Firms as they will be better suited for critical sites.

19. Privacy

You are responsible for complying with all relevant laws relating to privacy, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Cymric Malaysia and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of your website.

20. E-Commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Cymric Malaysia and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your customers’ use of Internet electronic commerce.

21. More Information

Please contact us with any questions regarding the cymricweb.com/Cymric Malaysia’s terms of service by email adrian@cymricstudio.com

1. Definitions

These are the standard terms and conditions for All WordPress Projects and apply to all contracts and all work undertaken by Adrian Mark Fernandez or Partners of Cymric Malaysia ( “cymricweb.com”,”us”, “we”, or “our”) for its clients (“you”, “your”, “them”, “their”, “client(s)”).

2. Introductions

Cymric Malaysia is operated and owned by Adrian Mark Fernandez, Sole Trader, Penang, Malaysia.

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

By purchasing services from Cymric Malaysia under the Cymric Malaysia Brand, you agree to be bound by the following terms and conditions.

You agree that it is your responsibility to review this Terms of Use information periodically to familiarize yourself with any modifications and that your continued use of this site and our services after such modifications will constitute agreement to any modified terms and conditions.

3. Service Descriptions

Cymricweb.com is an online WordPress Business Development, E-Commerce, Support, Maintenance and Security service exclusively for single-site WordPress installations. Services include, but are not limited to, any and all services listed publicly on Cymricweb.com or offered privately to each individual client.

4. Work Hours

We operate from 11 a.m. (GMT+8) to 5 p.m. (GMT+8) for all our WordPress works. We operate from Monday to Friday, with holidays coincide with the Malaysia Calendar.

You agree to only send inquiries or support requests during above stated work hours and days.

5. Price & Payments

We partner up with SuperPay, which is a Stripe Certified partner, to provide a secure payment method for all our clients.

What do we accept for online payment:

  1. All major credit cards.
  2. Bank Transfer for Malaysian banks only
  3. PayPal for special cases.

What types of payments do we offer?

  1. One time payments
  2. Recurring payments (monthly or yearly)
  3. Partial payments (for development projects)
  4. Custom payments (installments or custom schedule, such as quarter yearly, or biennially, etc)

We do not process card or private data on our site, and no data is stored on our site. All data is minimally collected and processed by Stripe. Stripe is GDPR compliant and you may view their privacy policies at: https://stripe.com/en-my/privacy.

We only use such data provided for identification purposes. We may also use the data for our personal marketing purposes. (Only from Us to You) We do not share your information to any third party advertisers or any of the sorts.

All prices appearing on this site are subject to change without notice. All prices are in MYR/RM.

Payments are due before the start of a new service term for Bank Transfer Payees.

Payments not received before the start of a new service term must be made within 7 days or the account will be temporarily suspended. Once payment is made successfully the suspension will be removed.

Price changes in services to existing clients will be announced at least 30 days before they take effect.

You understand and agree that the information provided is clear enough, do refer to us for any questions. Any card processing issues should be directed to Stripe Support as We may be able to troubleshoot but only to a certain degree. Any potential deeper issues should only be directed to Stripe Support at https://support.stripe.com. If issues lie within our partner’s processing infrastructure, we will personally communicate with them to resolve your issue.

6. Clarification of Expectations

We advise if you have questions regarding critical features of your site (such as how payments are processed, or how shipping works, or how vouchers work, or how your gift card works, etc), please let us know so we can assess and provide you guidance before you launch any promotions or feature release to your customers.

In order not to disappoint your expectations, its best to invest the time to learn how your individual system works and keep learning as the WordPress ecosystem is very fluid and updates very frequently, WordPress plugin and themes work with their own user flow or calculations. Since most clients are less likely to invest in a custom built plugins or theme, all clients are expected to align their expectations towards the capabilities or flow of their current systems, rather than the plugin or theme aligning with clients expectations if all commercial solutions are exhausted.

This does not mean your particular expected feature will never come to existence. New plugins and themes are developed everyday and we may revisit these solutions in the future.

7. Disclaimer of Warranties

All the materials and services on this website are provided on an ‘as is’ basis with no warranty of any kind, express or implied, including suitability for any intended purpose.

We make no warranty that:

  • Our services and materials will meet your requirements or expectations;
  • Our services and materials will be compatible with your hosting environment;
  • Our services and materials will be error-free;
  • Our services and materials will be uninterrupted;
  • Results from the use of our services and materials will be accurate or effective.

This website could include mistakes, inaccuracies or technical errors. We may make changes to the website at any time and information about such services and materials could be out of date.

We are not responsible for any damages your business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our partners.

You understand and agree that temporary interruptions of the services provided by Us may occur as normal events. You further understand and agree that we have no control over your host or any third-party networks you may use in the course of the use of this site or our services, and therefore, delays and disruption of such networks are completely beyond our control.

You understand that all web hosts are different and that all of our services may not work with every host server setup. We will notify you during account setup if there are going to be problems using our services with your hosting setup. If settings on your host server change during your account period with us, that may affect our services and we will notify you if problems arise. We will also notify you if your changes may have/have a conflict with your hosting settings.

You agree that content provided by us for download to your computer or to other devices may not be error-free, and that you are solely responsible for damage incurred to devices or loss of data as a result of such download.

8. Limitation of Liability

Your exclusive remedy and our entire liability under this contract, if any, for any claim(s) for damages will be limited to the amount of our charges paid by you during the twelve (12) month period preceding the event giving rise to such claim.

In no event will Cymric Malaysia be liable to the customer for any claims relating in any way to lost profits or other consequential, incidental, indirect or special damages relating in whole or part to this contract or the use or inability to use our materials and services.

9. Indemnification

You agree that you shall defend, indemnify, save and hold Cymric Malaysia/cymricweb.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Cymric Malaysia, its agents, its customers, officers and employees, that may arise or result from your use or misuse of this website and our services.

You agree to defend, indemnify, and hold harmless Cymric Malaysia/cymricweb.com against liabilities arising out of any injury to person or property caused by:

  1. Any products or services sold or otherwise distributed in connection with Cymric Malaysia’s service.
  2. Any material supplied by you that infringes on the property rights of a third party, including, but not limited to infringement of copyright, trademark, or trade secrets.
  3. Any claim, suit, penalty, tax, or tariff arising from your use of Internet electronic commerce.

10. Governing Law

The laws of Malaysia, without reference to conflict of law provisions, will govern the validity of this Terms of Use Agreement, the construction of its terms and the interpretation of the rights and duties of the parties involved. 

Unless waived by Adrian Mark Fernandez/Cymric Malaysia/cymricweb.com (which it may do in its sole discretion) the exclusive jurisdiction and venue of any action with respect to the subject matter of this Terms of Use Agreement shall be Malaysia, and you agree to this waiving any objections on the basis of venue, jurisdiction or inconvenient forum.

11. Copyright

Cymric Malaysia does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.

12. Promotions

Promotional offers are not cumulative unless stated Please refer to us if you have any questions.

13. Cancellations & Refunds

Cancellation of any recurring service can occur at any time. Service is month to month, and there are no durational contracts. To cancel simply contact us at least 30 days prior to the start of the next monthly recurring service period starts. While we do not wish to see you go, we will provide a final round of WordPress updates before we permanently terminate the service.

We maintain a policy of no refunds. Due to the month-to-month, cancel anytime nature of this agreement we shall not be compelled to issue a refund, pro-rated or otherwise for any reason. We do reserve the right to issue a refund on a case-by-case basis at our sole discretion.

14. Refusal of Service

Cymric Malaysia/cymricweb.com reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

15. Acceptance

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here.  Cymric Malaysia reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

16. Search Engines

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practices and to the best of our ability.

17. Website Performance

We do not guarantee any specific website/page performance. We perform basic website optimisation according to current best practices and to the best of our ability.

18. Security

You are responsible for your website security. We do not guarantee any specific website security level, regardless of the chosen security measures and software. You will hold harmless, protect, and defend and indemnify Cymric Malaysia and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your and your clients’ use of your website.

We strongly advise investing in our Site Care Plans and our Advanced Security services, if you choose not to we will install a free version firewall/antivirus application and perform basic website security according to current best practice and to the best of our ability.

You understand and agree that no site is 100% hack/malware proof and our implementations only serve as a deterrence to most common hack /malware infection tactics and in no way as effective to deter specialized or expert hackers. You also understand that our Security services are meant for business sites or small traffic e-commerce. For critical sites (such as high traffic e-commerce), we suggest to invest in Enterprise Level Security Firms as they will be better suited for critical sites.

19. Privacy

You are responsible for complying with all relevant laws relating to privacy, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Cymric Malaysia and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of your website.

20. E-Commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Cymric Malaysia and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your customers’ use of Internet electronic commerce.

21. More Information

Please contact us with any questions regarding the cymricweb.com/Cymric Malaysia’s terms of service by email adrian@cymricstudio.com