TERMS AND CONDITIONS
Destudio.co is a website and a company based in Malaysia own and operated by Desmond Studio offering its studio photo shooting, event photographer, instant photo sharing services, graphic design, website development and printing services. Your access to and use of all information on this website including the services are provided subject to the following terms and conditions.
We reserve the right to amend any of these “Terms and Conditions” at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our website you read these terms and conditions.
Article 1 – DEFINITIONS
The parties which have been referred to in this agreement are:
a) “De Studio”, Us, We: As the creator, operator, and publisher of this website, operate and owns this website, providing the available services to the users/viewers. De Studio, us, we, our, ours and other first-person pronouns will refer to the De Studio, as well as all employees of “De Studio”.
b) You, being the user and the client will be referred to as you, your, yours, or as user or client in this agreement.
c) The parties to this agreement (“De Studio” and “You”) will be referred to as Parties.
Article 2 – ACCEPTANCE AND DISCLAIMER
By using the De Studio website you warrant that you have read and reviewed this agreement and that you are bound by its terms and conditions. If you do not agree to be bound by this agreement, please hold the use and leave our website. “De Studio” only provides use of this website contents and services to you if you assent to this agreement.
Article 3 – LICENCE
a) When you visit our website, we give you a limited licence to access and use our services for personal use. You hereby agree to not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
b) You are not permitted to copy, reproduce, republish, distribute or display any of the content or information on this website without our prior written permission. The licence to access and use the content and information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to Meta tag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your Meta tag or mirroring of our website.
Article 4 – EXTERNAL LINKS
a) This website may from time to time contain external links to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
b) You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property, notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Article 5 – MODEL RELEASE
a) You are responsible for all and any content you share on our website or developed through our services. When you provide content you retain ownership of the intellectual property in that information however you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sub-license) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display and distribute) the content in any and all media including forms not yet developed.
b) We reserve the right but will not have an obligation to remove or refuse to distribute any content. We also reserve the right to adapt or modify your content for any reason including for distribution purposes.
c) By sharing information on this website, you provide us with an undertaking that such content does not infringe the rights of someone else and that it does not violate the law in any other way such as by being defamatory, being of racist content or is threatening. You agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any content you provide. To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our service.
Article 6 – INTELLECTUAL PROPERTY RIGHTS
a) The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
b) Any information, comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website on our content becomes our property. If in future we use your comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your comments. If you provide us with comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Article 7 – YOUR CONDUCT
You agree not to use De Studio it’s content or services for any unlawful purpose or any purpose prohibited under the laws and this clause. You agree not to use De Studio it’s content and services in any way that could damage the website or its content and services.
“De Studio” expects, and you the user not to:
a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights such as privacy and publicity rights of others.
b) Upload files that contain software or other material protected by intellectual property laws (or publicity privacy rights) unless you own or control the rights there to or have received all the necessary approval.
c) Upload files that contain viruses, corrupted files, or other similar software or programs that can damage the operation of other people’s computers.
d) Advertise or offer to sell or buy any goods or services for any business purpose, unless the communication service specifically allows the message.
e) Download any file posted by other users.
f) Falsify or delete the author’s attribution, or other material contained in the uploaded file.
g) Limit or prevent other users from using and enjoying De Studio services.
h) Violate any code of conduct or other guidelines that may apply to services.
i) Harvest or collect information about other people, including email addresses, without their consent.
j) Violate any applicable law or regulation.
Article 8 – SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the De Studio website its content or services;
b) Violate the security of De Studio its content or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Article 9 – DISCLAIMER
a) Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
b) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. We also take all due care in ensuring that our website is free of any virus, worm, trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
c) From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Article 10 – OUR SERVICES, BOOKING AND CANCELLATIONS
De Studio offers various high-quality services some of them are as follows:
1. Photography Services
1.1 Photo Studio (Indoor and Outdoor)
a) Portrait photography (Self profile, models, family, couple and agent.)
b) Commercial photography (Agency and product.)
c) High-speed photography – dance (Ballet, contemporary and belly dance.)
1.2. Event Photographer
d) Fashion show
g) Birthday party
1.3 Instant Photo Sharing Services (Event)
1.4 Special Request
a) Stock Photography (Photo listing.)
The client will be required to pay a booking amount of 30% of the total service fee. A min amount of (MYR 200) Malaysian Ringgit shall be paid for the same (whichever is higher) in the event of cancellation the client needs to inform De Studio 14 days prior to the date for which the event is booked.
2. Design Services
De Studio offers online and offline designing of the following:
a) Logo design
b) Business card
e) Product mock-ups
i) 2D laser cutting outline design
The client will be required to pay a 50% payment for the design project and full payment before getting the master copy. A min amount of (MYR 100) Malaysian Ringgit shall be paid for the same (whichever is higher) and no cancellation applies to this service.
3. Website Development
a) WordPress Web Development
b) WordPress (Hosting Only)
c) Domain Name
The client will be required to pay a 50% payment for starting to develop and full payment before getting full access. If got any specific requirement of the client, the client needs to pay 100% service fee amount will be payable at the time of booking. To purchase any domain name 100% payment will be paid upfront. No cancellation applies to this domain service.
4. Printing Services
De Studio offers the following:
a) Business Card
g) Photo Album
h) Images Only or Including Frame
The client will be required to pay 100% payment before printing services in the process and no cancellation applies to this service.
Article 11 – REFUND POLICY
a) You agree to ensure payment for any service you may purchase from us, and you acknowledge and affirm that prices are subject to change. When purchasing a service, you agree to provide us with a valid email, physical address and valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that you provide us.
b) If we do so after payment has been processed, we will issue a refund to you at the purchase amount price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of our services. You agree to ensure payment for any product or service you may purchase from us, and you acknowledge and affirm that prices are subject to change.
c) For the sale of services, we may pre-allow your credit or debit card at the time you place the order, or we may charge your card upon work delivery or prior to that as a booking amount. You agree to monitor your method of payment.
d) For questions, concerns, or disputes, you agree to contact timely at our email address at firstname.lastname@example.org. If you are unhappy with the purchase because of something wrong with the service or outcome of service, you may send refund request emailing us and after checking the for its fault or reason of asking to refund, if we find your reason valid we will make all the efforts to make the refunds for services purchased by us.
Article 12 – STUDIO DAMAGE POLICY
a) The studio shall be used and occupied solely for the purpose of which it was rented. No additional work may be carried out at the studio without De Studio prior written consent.
b) The studio shall not, at any time during the term of this Rent, be used for the purpose of carrying on any trade, profession or business except as otherwise granted. The studio shall also not be used for any illegal purpose or acts.
c) The occupant of the studio will be responsible for any illegal acts or omissions of guests, invitees, whether or not tenant was a party to or knew of the illegal acts taking place. Certain types of illegal activities may be cause for the Landlord to issue an unconditional notice of agreement termination.
d) A security deposit of MYR 300 should be deposited to De Studio before taking the possession of the studio.
e) The occupant to whom the studio is rented shall be solely responsible for any kind of damage to the studio.
f) The amount of security deposit will be returned to the occupant after three (3) days of vacating the studio after the verification of the inventory items and deductions of payment for any loss, damage or wear and tear of the studio Inventory.
Article 13 – LIMITATION OF LIABILITY
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
Article 14 – INDEMNITY
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of any of the content and services of our website.
Article 15 – JURISDICTION
a) These terms and conditions are to be governed by and construed in accordance with the laws Malaysia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Malaysia and you agree to submit to the jurisdiction of those courts.
b) If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Article 16 – GENERAL PROVISIONS
a) ASSIGNMENT: This agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this agreement, or the rights granted hereunder by assigned, sold, leased or otherwise transferred by “De Studio” the rights and liabilities of “De Studio” will bind and inure to any assignees, administrators, successors, and executors.
b) SEVERABILITY: If any part or sub-part of this agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this agreement shall continue in full force.
c) NO WAIVER: In the event, we fail to enforce any provision of this agreement; this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this agreement will not constitute a waiver of any other part or sub-part.
d) RELATIONSHIP: No agency, partnership, or joint venture has been created between the parties as a result of this agreement. No party has any authority to bind the other to third parties.
e) FORCE MAJEURE: “De Studio” is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
f) COMMUNICATIONS: Both parties to this agreement can communicate through email. For any questions or concerns, please email us at email@example.com.
Effective Date: January 10th, 2020