Terms and Conditions

Effective Date: 1 January 2025

Welcome to Xerups. These Terms and Conditions govern your access to and use of our website xerups.com and any related services. By using our Site, you agree to be bound by these Terms. If you do not agree, please refrain from using our Site.

Use of the Site

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site. Prohibited behavior includes harassing or causing distress to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Site.

Intellectual Property Rights

All content, trademarks, logos, and intellectual property displayed on the Site are owned by Xerups or its licensors. You may not copy, reproduce, distribute, or create derivative works of any content on the Site without our prior written consent.

Third-Party Links

Our Site may include links to third-party websites or services. We are not responsible for the content, policies, or practices of third-party sites and encourage you to review their terms and policies before engaging with them.

Disclaimers

The Site is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not guarantee that the Site will be error-free, or uninterrupted. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the fullest extent permitted by law, Xerups shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Site. This includes, but is not limited to, loss of data, loss of profits, or business interruption.

Indemnification

You agree to indemnify and hold harmless Xerups, its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising from your use of the Site or your violation of these Terms.

Changes to Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Your continued use of the Site after changes have been posted constitutes your acceptance of the updated Terms.

Governing Law

These Terms are governed by and construed in accordance with the laws of Malaysia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Attribution in Footer

We reserve the right to include a credit link in the footer of any website we design or develop, indicating that the site was created by Xerups. This credit will typically appear as “Powered by Xerups” with a hyperlink to our website. If you wish to have this credit removed, additional charges may apply, which will be specified in your agreement with us.

Payment Terms

Our payment structure requires no deposit. Clients are billed monthly based on their chosen pricing plan. Payments must be made before or on the required due date each month. If payment is not received by the due date, the website created by Xerups will be temporarily disabled. If payment remains unpaid for 30 days after the required due date, the website will be permanently removed, and any existing contract with the client will be voided.

Intellectual Property Ownership

Ownership of the website and its content transfers to the client upon full payment. However, proprietary tools, code libraries, or frameworks used in development remain the property of Xerups.

Termination Policy

If the client terminates a contract after work has commenced, the client will be billed for all work completed up to the termination date. This includes any preparatory work, design, development, or other services rendered before termination. All outstanding payments must be settled within 15 days of termination. Xerups reserves the right to terminate a contract or suspend services if the client breaches any terms outlined in this agreement or fails to fulfill payment obligations.

Liability for Downtime or Errors

Xerups is not responsible for website downtime, errors, or data loss caused by third-party services, hosting providers, or user actions after project completion.

Force Majeure

Xerups is not liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, power outages, or third-party service interruptions.

Portfolio Usage

We reserve the right to display completed projects in our portfolio, website, and marketing materials unless explicitly agreed otherwise in writing.

Contact Us

If you have any questions about these Terms, please contact us at xerupsdigital@gmail.com or at @xerups on Instagram.