Application of these terms
These terms and conditions shall apply in respect of all goods and services we supply to you whether specified or otherwise (“the Service”). Except to
the extent that these terms and conditions are varied by mutual consent they together with the brief and quotation shall constitute the entire agreement
between us and shall prevail over your own terms and conditions. You agree that in entering into this agreement, you shall not rely on any representation
or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions.
a. The Service shall be delivered to you in accordance with the brief agreed at the outset of the project either through concept meetings or in written
b. We shall produce one master copy of the production only for your use. Should you require further copies an additional charge will apply. A separate
quotation will be issued for the production of additional copies.
c. Kasra Design’s tagline will be displayed at the end of the project unless otherwise agreed upon prior to commencement of the project. There will be
extra charges should you require a white label version.
d. Time given for delivery of the Service are estimates only and time shall not be of the essence.
Acceptance and Changes
a. The Service shall be made available for acceptance at agreed stages. At each agreed stage changes to the Service shall only be permitted to the
extent that such changes are consistent with the brief. Any change or alteration will be charged accordingly.
b. Other than as stated in clause 5 above changes to the brief or otherwise that result in additional work being carried out will be chargeable at the
relevant hourly rate; this shall include the following:
c. Changes that result from inaccurate on misleading information having been supplied by you in preparation of the brief.
d. Changes that result from your failure to obtain consent from any third parties or employees necessary in the delivery of the Service.
e. Changes that result from a significant change to the brief.
f. Additions to the original brief in the form of extra variations or edits of the originally planned piece that are not agreed at the outset.
Our Copyright Policy
We operate a fair approach to copyright. All copyright vested in the media produced by us shall be assigned to you subject to the following:
a. Payment in full is received from you for all outstanding invoices;
b. You grant us a royalty free license to use all copyright in the media produced by us for our own promotional purposes such as on our website or
A project may be terminated at any time by either of the parties by giving written notice. If we terminate the project we agree to carry out all
work already paid for or reimburse the fees to you for any work already paid for and not carried out. If you terminate this project upon completion
of a stage (e.g script writing, storyboard, animating, voice-over etc), then you shall incur our fees and expenses up to the end of that stage. If you
cancel this project during a stage, then you agree to pay the full agreed fee for that stage and all expenses incurred up to cancellation, including
any expenses related to unpresented work which may have already commenced. You agree to reimburse us for any already commissioned costs
of third parties.
All media produced by us on your behalf will be stored in Hi-Definition (as standard) and stored on professional format digital media.
Warranties and Liability
a. We warrant that we will use all due skill and care in providing you with the Service. Other than as expressly provided for in these terms and conditions
no warranty, guarantee or other term relating to the provision of the Service whether implied by statute, common law or otherwise is given, however where
we supply goods to you as part of the Service we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by
the persons supplying the goods to us.
b. We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you
to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other
fault of yours.
c. Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless
fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit
or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the
contemplation of the parties, which arise out of or in connection with the provision of the Service.
d. Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation,
restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the
amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount
claimable under the terms of the appropriate insurance policy we hold.
e. You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and
conditions by you, including any third party liabilities incurred by us.
f. Any claim that you may have against us must be notified to us in writing within one month of the claim arising.
We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to
such assignment or sub-contract.
If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall
agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force
Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default
and will in no way affect the terms of this agreement.
These terms and conditions shall be governed by Malaysian law and subject to the exclusive jurisdiction of the Malaysian Courts.
Updated : June 14, 2012