Site CareTerms Of Use

1. Definitions

These are the standard terms and conditions for WordPress Site Care Plans 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. Standard Support

Expect between 1 – 3 hours response time as requests are handled on a first come first serve basis. This does mean your requests will be completed by the time we respond. We will get a full idea of your request and provide you an Estimated Time of Completion.

You understand that our ETC (Estimated Time of Completion) may change anytime due to the potentially unpredictable nature of the WordPress CMS.

We currently do not offer any priority support.

You understand and agree that we may modify some terms of the support to suit your project and needs and will be outlined in your Site Care Plan Contract which will supersede any contradicting terms here.

You also understand and agree that by using the WordPress platform, you are prepared to expect potential changes that the platform, themes or plugins may introduce during updates due to the rapid development of WordPress and all its supporting components.

What is covered?

  1. Making small changes to Existing site contents. (texts, images, simple style changes.)
  2. Answering your inquiries or providing suggestions.
  3. Performing Quick Actions. (Quick Actions are changes that requires no testing and only take a short amount of time, under 5 minutes)
  4. Making quick settings change (These applies to settings that require no testing and under 5 minutes)
  5. Provide guidance on how to use your site Existing features.
  6. Resolve issues arising from your site Existing features.

What is not covered?

  1. Image editing and content writing. (these belong to separate services which are quoted separately)
  2. Installing, testing and configuration of new plugins.
  3. Fixing errors due to your mishandling of plugin installations.
  4. Fixing errors due to allowing outside third-party to make changes.
  5. Support for specific plugin issue. (We perform various troubleshooting to determine if issues can be resolved on our end. Most of the time, the plugin or theme itself require their original developers to fix. We do not provide any support for fixing a faulty plugin or theme as we are not the creators. We advise all clients to buy all the licenses your site needs to get their respective support. We may provide some licenses for clients under our care plan, and thus we will be handling communications on your behalf.)
  6. If a plugin turns out to be faulty (even if its functioning before), we highly advise to purchase plugin support from original developer. However if this is not possible, we can offer to switch to another plugin with a fee for testing and implementation.
  7. Customer support. We only provide support for you and your site. We do not and will never communicate with your own customers and clients.
  8. Any custom programming to implement any new features for any plugin or theme.
  9. Any SEO related works.
  10. Any redesign of any sorts.
  11. Any site rebuild of any sorts due to advancement of the WordPress platform and all its supporting components. For example, a particular section or feature of your site built 6 months ago can be completely rebuilt today due to various new updates and features and can be completely rebuilt 6 months later, with each rebuild more efficient than the last. All site rebuilding will be quoted separately. We do not guarantee in any way that any section or feature built today are in any way future-proof. 

About Premium Plugins

  1. We do not provide any support for premium plugins.
  2. We do not provide any service to extend the premium plugin beyond its current features.
  3. We do not provide any license for premium plugins that your site needs.
  4. We provide some licenses from time to time, but the licenses are mainly for builders, performance or security plugins only.
  5. All plugin related issues needs to be redirected to original developer. You will need to purchase license in order to obtain support from them. Premium plugin developers are not authorized to provide any support if your license is not purchased or expired.
  6. If you have active license, we can connect with the developers on your behalf.
  7. All additional costs incurred for problem resolution with original plugin developer are covered by you.

About Third-Party Help

We understand that you may seek outside help if we could not provide you the exact help you may need, whether its due to costs, capabilities, recommendations, etc. We do not wish to lock you or your site down when our priority is ensuring your site works efficiently.

  1. We generally do not provide any specific support for third-party works. Please ensure you are able to maintain direct communication with your third-party help to fix issues arising from their works.
  2. If you wish us to provide support instead, do ensure you provide full documentation of your third-party help's works to us. We will assess whether such works can be included in our support or whether if your support fee will require adjustment in order to support the new works.
  3. If your third-party help installs a premium plugin that requires a license, it is your responsibility to either ensure they provide the genuine license or you provide a license for your premium plugin.

6. Emergency Support

Our Emergency Support receives the highest priority and will be dealt with immediate urgency. As we do not have operators working in the middle of the night, we do however take in inquiries at any time and respond as immediate as humanely possible.

You understand that there may be delays if requests are sent in the middle of the night and only handled during the next morning. We will assess your problem and notify you if your requests belong to Standard or Emergency works and will be handled as such.

What is covered?

  1. Website not accessible due to DDOS (Distributed Denial of Service) attacks.
  2. Website infected by malware and does not behave as it should be.
  3. Critical service not working (such as payment gateway or whole checkout process)

What is not covered?

  1. Minor inconsistencies such as missing images/update images, missing/update text, layout issues, etc.
  2. Making any new changes that do not belong to existing site.
  3. Any works that is covered in Standard Support.

You understand and agree that the difficulty of changes and amount of time consumed from your perspective is different than ours. For every single request, we will evaluate and notify you if your changes are quick, simple changes or changes that require testing. Changes that require testing can take from 30minutes to unspecified hours, mainly due to:

  1. We have our own update protocols when carrying out such updates to ensure the change does not impact other existing features.
  2. Certain protocols may consume a lot of time which is out of our control. (If you have a large site in an underperforming hosting, creating a test version of your site for us to perform update testing can take many hours based on server performance)
  3. Complications that may happen at any time during any complexity of changes. (Due to certain degree of unpredictability of WordPress CMS, issues may arise at any time, even for small changes, which requires us to perform various troubleshooting and error testing to find a resolution)

You understand and agree that it is not possible to cover every single scenario here and abide by our decision for whichever type of support we classify your requests at. To avoid or reduce surprises and better prepare your expectations, please consult with us to learn more about the types of support your specific needs are at.

7. Security

We offer a few different types of security modules for our clients, existing or new. We may expand these services in the future whenever we deem valuable to clients.

  1. Basic WordPress security by means of file protection and various preventive measures.
  2. Basic WordPress Application Firewall for filtering suspicious requests.
  3. Advanced Site Pen testing for vulnerability detection.
  4. Site malware or hack cleanup.

You understand that from security perspective, there are no measures that may prevent 100% of attacks or occurrence of vulnerabilities. You also understand that agree that any updates to site is in no way definitively safe and free of issues as new updates may introduce vulnerabilities, for which if discovered and reported, we will take appropriate measures to mitigate the problem.

You understand that without any or regular site pen testing, our basic WordPress security and Application Firewall that has been installed and configured are in no way whatsoever, covers every single point of entry from security standpoint.

What is covered?

For our Site Care plans, our Basic WordPress security cover the following:

  1. Installation and configuration of free WordPress security plugins.
  2. Installation and configuration of free WordPress Application Firewall plugin
  3. Monitoring updates and notifications provided by plugins
  4. Enforcing best practices of basic WordPress security

What is not covered?

  1. Performing any sort of pentesting on the site and remedial fixes.
  2. Providing any licenced plugin upgrade at our cost.
  3. Installing or implementing any 3rd party security integration to the site.
  4. Repairing any damages caused by any extra plugin installs from your end without any prior consultation.
  5. Free Malware / hack clean up if the clients’ site care package is not eligible.

You understand that we only use security plugins from highly reputable WordPress security companies, and only provide free version of their plugins which already covers a wide range of security. You may choose to upgrade at your own cost and we will assist in configuration, any issues arising due to the upgrades, or from features unlocked by the upgrades, are to be directed back to the plugin support.

You understand and agree that without any prior consultation with us or against our recommendation, we will quote separately to fix any issues arising, introduction of vulnerabilities, conflict or damages resulting from installation and configuration of plugins from your end or any 3rd party other than us.

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.

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.

We reserve the right to stop the Site Care plan at any time if we deemed the site a security risk while client is aware and is not willing to invest in fixing issues. We cannot ethically condone the act of running a website with ongoing vulnerabilities or insecure when comes to handling user data that will put unsuspecting customers at risk.

8. Disaster Mitigation

Our disaster mitigation takes effect in the event when a site is currently under attack or have already been attacked and the damage is done.

We have various protocols in place:

  1. Backups
  2. Scheduled site updates
  3. Restoration works
  4. Malware / hack clean up

Backups

We store all our backups outside your server, using Amazon S3. Please refer to Amazon’s privacy notice https://aws.amazon.com/compliance/data-privacy-faq.

We only provide scheduled backups, which might not be suitable for high traffic e-commerce sites, as there may be loss of data between the backup and attack. We can happily provide you 3rd party options if you need them.

Scheduled Site Updates

Our regular maintenance includes updates for WordPress core, themes and plugins. We will schedule with the clients first before performing any updates. All updates are first tested in a staging site (a copy of your site in a test environment).

You understand that an update of any kind may introduce vulnerabilities that are brand new, undetectable, or without any visible symptoms, and do not hold Cymric accountable for any damage loss in terms of monetary or data. We will react as timely as possible should an issue like this is detected.

Restoration Works

We will attempt to perform a hack/malware clean up first before resorting to restoration works, in order to try to preserve as much data as possible.

You understand that backups are only as good as when they are created. If the damage towards a site is extensive to a point it needs to be fully restored from a backup, some data may be lost if there are contents created after the last scheduled backup.

Malware / Hack Clean up

We perform malware or hack clean ups in the event of site breach to preserve as much data as possible. During this event, we require clients to be as coorporative as possible.

You agree that during the event of site clean ups or restorations, there are no specific timeframe we can give, due to the nature of complication complexity that cannot be measured. We however, will try to the best of our ability to ensure the process is completed thoroughly and as timely as possible.

We reserve the right to stop the Site Care plan at any time if we deemed the site a security risk while client is aware and is not willing to invest in fixing issues. We cannot ethically condone the act of running a website with ongoing vulnerabilities or insecure when comes to handling user data that will put unsuspecting customers at risk.

9. Billable Works

For all the works our support does not cover, we will bill you to perform the requests. Minimum charge is RM100. Some of the factors that may / may not affect the quote:

  1. Scale and complexity of site. (implementing same feature on a larger site incurs more risk, therefore the cost)
  2. Research that needs to be done to implement changes (wherever applicable)
  3. Time consumed to create Staging sites (an exact copy of your site) for testing.
  4. Degree of difficulty to implement changes.
  5. Risk assessment for potential issues.
  6. Costs to purchase relevant plugins/themes. (wherever applicable)
  7. Costs involved to bring in relevant experts (wherever applicable)

You understand and agree that the factors above may be updated from time to time as the technology of WordPress CMS advances in the future, or policies of other third-party developer changes. Any quote provided by us expires in 30 days from the day we provide to you and may subject to changes if the scope changes or any circumstances beyond our control.

For any previous or current clients, we reserve the right not to provide any support if the site does not belong in our Site Care Plans. We highly advise clients to take up the plan if they require any support for their site in the future, even if we built your sites for you.

You understand and agree that any form of support or actions we take, including communications, updates, assessments, recommendation and research all takes up our own resource and time that we provide to all other Site Care Plan clients and therefore taking up our care plans will get you access to our time and resources.

10. 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.

11. Clarification of Expectations

We advise if you have a 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.

12. 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.

13. 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.

14. 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.

15. 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.

17. Promotions

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

18. 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.

19. 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.

20. 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.

21. 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.

22. 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 WordPress Site Care Plans 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. Standard Support

Expect between 1 – 3 hours response time as requests are handled on a first come first serve basis. This does mean your requests will be completed by the time we respond. We will get a full idea of your request and provide you an Estimated Time of Completion.

You understand that our ETC (Estimated Time of Completion) may change anytime due to the potentially unpredictable nature of the WordPress CMS.

We currently do not offer any priority support.

You understand and agree that we may modify some terms of the support to suit your project and needs and will be outlined in your Site Care Plan Contract which will supersede any contradicting terms here.

What is covered?

  1. Making small changes to Existing site contents. (texts, images, simple style changes.)
  2. Answering your inquiries or providing suggestions.
  3. Performing Quick Actions. (Quick Actions are changes that requires no testing and only take a short amount of time, under 5 minutes)
  4. Making quick settings change (These applies to settings that require no testing and under 5 minutes)
  5. Provide guidance on how to use your site Existing features.
  6. Resolve issues arising from your site Existing features.

 

What is not covered?

  1. Image editing and content writing. (these belong to separate services which are quoted separately)
  2. Installing, testing and configuration of new plugins.
  3. Fixing errors due to your mishandling of plugin installations.
  4. Fixing errors due to allowing outside third-party to make changes.
  5. Support for specific plugin issue. (We perform various troubleshooting to determine if issues can be resolved on our end. Most of the time, the plugin or theme itself require their original developers to fix. We do not provide any support for fixing a faulty plugin or theme as we are not the creators. We advise all clients to buy all the licenses your site needs to get their respective support. We may provide some licenses for clients under our care plan, and thus we will be handling communications on your behalf.)
  6. Customer support. We only provide support for you and your site. We do not and will never communicate with your own customers and clients.
  7. Any custom programming to implement any new features for any plugin or theme.
  8. Any SEO related works.
  9. Any redesign of any sorts.

6. Emergency Support

Our Emergency Support receives the highest priority and will be dealt with immediate urgency. As we do not have operators working in the middle of the night, we do however take in inquiries at any time and respond as immediate as humanely possible.

You understand that there may be delays if requests are sent in the middle of the night and only handled during the next morning. We will assess your problem and notify you if your requests belong to Standard or Emergency works and will be handled as such.

What is covered?

  1. Website not accessible due to DDOS (Distributed Denial of Service) attacks.
  2. Website infected by malware and does not behave as it should be.
  3. Critical service not working (such as payment gateway or whole checkout process)

What is not covered?

  1. Minor inconsistencies such as missing images/update images, missing/update text, layout issues, etc.
  2. Making any new changes that do not belong to existing site.
  3. Any works that is covered in Standard Support.

You understand and agree that the difficulty of changes and amount of time consumed from your perspective is different than ours. For every single request, we will evaluate and notify you if your changes are quick, simple changes or changes that require testing. Changes that require testing can take from 30minutes to unspecified hours, mainly due to:

  1. We have our own update protocols when carrying out such updates to ensure the change does not impact other existing features.
  2. Certain protocols may consume a lot of time which is out of our control. (If you have a large site in an underperforming hosting, creating a test version of your site for us to perform update testing can take many hours based on server performance)
  3. Complications that may happen at any time during any complexity of changes. (Due to certain degree of unpredictability of WordPress CMS, issues may arise at any time, even for small changes, which requires us to perform various troubleshooting and error testing to find a resolution)

You understand and agree that it is not possible to cover every single scenario here and abide by our decision for whichever type of support we classify your requests at. To avoid or reduce surprises and better prepare your expectations, please consult with us to learn more about the types of support your specific needs are at.

7. Security

We offer a few different types of security modules for our clients, existing or new. We may expand these services in the future whenever we deem valuable to clients.

  1. Basic WordPress security by means of file protection and various preventive measures.
  2. Basic WordPress Application Firewall for filtering suspicious requests.
  3. Advanced Site Pen testing for vulnerability detection.
  4. Site malware or hack cleanup.

You understand that from security perspective, there are no measures that may prevent 100% of attacks or occurrence of vulnerabilities. You also understand that agree that any updates to site is in no way definitively safe and free of issues as new updates may introduce vulnerabilities, for which if discovered and reported, we will take appropriate measures to mitigate the problem.

You understand that without any or regular site pen testing, our basic WordPress security and Application Firewall that has been installed and configured are in no way whatsoever, covers every single point of entry from security standpoint.

What is covered?

For our Site Care plans, our Basic WordPress security cover the following:

  1. Installation and configuration of free WordPress security plugins.
  2. Installation and configuration of free WordPress Application Firewall plugin
  3. Monitoring updates and notifications provided by plugins
  4. Enforcing best practices of basic WordPress security

What is not covered?

  1. Performing any sort of pentesting on the site and remedial fixes.
  2. Providing any licenced plugin upgrade at our cost.
  3. Installing or implementing any 3rd party security integration to the site.
  4. Repairing any damages caused by any extra plugin installs from your end without any prior consultation.
  5. Free Malware / hack clean up if the clients’ site care package is not eligible.

You understand that we only use security plugins from highly reputable WordPress security companies, and only provide free version of their plugins which already covers a wide range of security. You may choose to upgrade at your own cost and we will assist in configuration, any issues arising due to the upgrades, or from features unlocked by the upgrades, are to be directed back to the plugin support.

You understand and agree that without any prior consultation with us or against our recommendation, we will quote separately to fix any issues arising, introduction of vulnerabilities, conflict or damages resulting from installation and configuration of plugins from your end or any 3rd party other than us.

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.

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.

We reserve the right to stop the Site Care plan at any time if we deemed the site a security risk while client is aware and is not willing to invest in fixing issues. We cannot ethically condone the act of running a website with ongoing vulnerabilities or insecure when comes to handling user data that will put unsuspecting customers at risk.

8. Disaster Mitigation

Our disaster mitigation takes effect in the event when a site is currently under attack or have already been attacked and the damage is done.

We have various protocols in place:

  1. Backups
  2. Scheduled site updates
  3. Restoration works
  4. Malware / hack clean up

 

Backups

We store all our backups outside your server, using Amazon S3. Please refer to Amazon’s privacy notice https://aws.amazon.com/compliance/data-privacy-faq.

We only provide scheduled backups, which might not be suitable for high traffic e-commerce sites, as there may be loss of data between the backup and attack. We can happily provide you 3rd party options if you need them.

 

Scheduled Site Updates

Our regular maintenance includes updates for WordPress core, themes and plugins. We will schedule with the clients first before performing any updates. All updates are first tested in a staging site (a copy of your site in a test environment).

You understand that an update of any kind may introduce vulnerabilities that are brand new, undetectable, or without any visible symptoms, and do not hold Cymric accountable for any damage loss in terms of monetary or data. We will react as timely as possible should an issue like this is detected.

 

Restoration Works

We will attempt to perform a hack/malware clean up first before resorting to restoration works, in order to try to preserve as much data as possible.

You understand that backups are only as good as when they are created. If the damage towards a site is extensive to a point it needs to be fully restored from a backup, some data may be lost if there are contents created after the last scheduled backup.

 

Malware / Hack Clean up

We perform malware or hack clean ups in the event of site breach to preserve as much data as possible. During this event, we require clients to be as corporative as possible.

You agree that during the event of site clean ups or restorations, there are no specific timeframe we can give, due to the nature of complication complexity that cannot be measured. We however, will try to the best of our ability to ensure the process is completed thoroughly and as timely as possible.

We reserve the right to stop the Site Care plan at any time if we deemed the site a security risk while client is aware and is not willing to invest in fixing issues. We cannot ethically condone the act of running a website with ongoing vulnerabilities or insecure when comes to handling user data that will put unsuspecting customers at risk.

9. Billable Works

For all the works our support does not cover, we will bill you to perform the requests. Minimum charge is RM100. Some of the factors that affect the quote:

  1. Scale and complexity of site.
  2. Research that needs to be done to implement changes (wherever applicable)
  3. Time consumed to create Staging sites (an exact copy of your site) for testing.
  4. Degree of difficulty to implement changes.
  5. Risk assessment for potential issues.
  6. Costs to purchase relevant plugins/themes. (wherever applicable)
  7. Costs involved to bring in relevant experts (wherever applicable)

You understand and agree that the factors above may be updated from time to time as the technology of WordPress CMS advances in the future, or policies of other third-party developer changes. Any quote provided by us expires in 30 days from the day we provide to you and may subject to changes if the scope changes or any circumstances beyond our control.

For any previous or current clients, we reserve the right not to provide any support if the site does not belong in our Site Care Plans. We highly advise clients to take up the plan if they require any support for their site in the future, even if we built your sites for you.

You understand and agree that any form of support or actions we take, including communications, updates, assessments, recommendation and research all takes up our own resource and time that we provide to all other Site Care Plan clients and therefore taking up our care plans will get you access to our time and resources.

10. 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.

11. Clarification of Expectations

We advise if you have a 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. Copyright

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

17. Promotions

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

18. 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.

19. 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.

20. 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.

21. 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.

22. More Information

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