Terms of Service

About these terms

They are an agreement between you and GOTELZ ENTERPRISE, registered in Malaysia under registration number 201803196506 (002838403-X), of No. 19, Jalan DE 2/5, Danau Embun, Bandar Gamuda Gardens, 48050 Rawang, Selangor, Malaysia. In these terms “we” and “us” mean GOTELZ ENTERPRISE, and “you” means the organisation engaging us.

They apply to every engagement we take on, alongside the proposal for that engagement. If a proposal or a signed agreement says something different, that document wins for that engagement, and the rest of these terms still stand.

What we do

We are a software development consultancy. Our work falls into four areas:

• Custom software development.
• Cloud infrastructure and DevOps.
• Integrations and automation.
• Ongoing maintenance and support.

What we will do for you is whatever the proposal for your engagement says, and no more. Anything outside it is new work, agreed the same way.

How an engagement starts

We write a proposal. It sets out the scope, what you will receive, the timeline, how the fee is worked out and how we will invoice it. Nothing is agreed until you accept that proposal in writing by email; your acceptance and the proposal together form the contract between us.

If the work needs to change once it has started, we describe the change and its effect on the timeline and the fee, and you accept it by email in the same way. We do not begin work that has not been accepted, and we do not invoice for work you did not agree to.

What we need from you

A named person who can make decisions, timely answers to questions that block us, and the access we need to your systems, accounts and data. Where a delay on your side stops work, the timeline moves by the length of the delay, and time we have already reserved may still be invoiced.

You confirm that anything you give us to work with — content, data, credentials, code — is yours to give.

Fees and invoicing

The proposal states how the fee is worked out: a fixed amount for a defined scope, a rate against time recorded, or a monthly retainer. Ongoing work is invoiced monthly; project work is invoiced against the milestones in the proposal.

Invoices are payable within fourteen days of the invoice date unless the proposal says otherwise. Third-party costs we incur for you — hosting, domains, software licences — are agreed with you first and passed on at what they cost us. Where an invoice is more than thirty days overdue, we may pause work after telling you in writing, and resume once it is settled. Taxes that apply under Malaysian law are added where they are due.

Fees, invoices and refunds are denominated in Malaysian ringgit unless the proposal states another currency. Where it does, that currency applies to every invoice and refund under that proposal, and bank or conversion charges on either side are borne by the party that incurs them.

Cancellation and refunds

Either of us may end an engagement at any time by giving fourteen days' notice in writing. A monthly retainer ends at the close of the month already paid for.

Where you have paid in advance, we work out what has been delivered up to the end date and what third-party costs have been committed on your behalf, invoice or set off that amount, and refund the remainder of the prepayment to you within thirty days. Work already delivered is not refundable. A deposit that holds a start date is returned in full if you cancel more than fourteen days before that date; inside fourteen days it is applied against the work done and the time reserved.

Ending an engagement does not cancel an invoice for work already done, and it does not affect the sections on ownership, confidentiality or liability, which carry on.

Ownership of the work

Once you have paid in full for an engagement, the intellectual property in everything we made specifically for you under it — source code, designs, documentation, configuration — is yours. Until then it stays ours, and you have permission to use it only for review and testing.

We keep ownership of what we brought with us: our own tools, libraries, templates and the general skill and know-how we developed doing the work. Where any of that is built into a deliverable, you get a perpetual, worldwide, non-exclusive licence to use it as part of that deliverable. Open source and third-party components stay under their own licences, and we will tell you which ones a deliverable depends on.

Confidentiality

Each of us will keep the other's non-public information confidential, use it only for the engagement, and protect it as carefully as we protect our own. That duty lasts for three years after the engagement ends.

It does not cover information that is already public, that we held before you gave it to us, that we work out independently, or that we are required by law to disclose. We will not name you publicly as a client, or describe the work, without your written agreement.

Data protection

Where an engagement means we handle personal data belonging to you or your customers, we handle it only on your instructions and only for as long as the work needs it, and we take reasonable measures to keep it secure. How this website itself handles information is covered separately in our Privacy Policy.

Warranties and liability

We will perform the services with reasonable skill and care, by people competent to do them. Beyond that we give no warranty: no software is free of defects, and we do not promise that a deliverable will run uninterrupted or that a third-party service it depends on will stay available.

Neither of us is liable to the other for indirect or consequential loss, for lost profit, lost business or lost data. Our total liability for any engagement is limited to the total fees you paid us under it in the twelve months before the claim arose. Nothing in these terms limits liability for fraud, or for anything else that cannot be limited under Malaysian law.

Third-party services

We often set up services in your name — hosting, a repository, an API account. Those are supplied to you by their providers under their own terms, you own the accounts, and we are not responsible for their availability or for a change they make to them.

Governing law

These terms and every engagement under them are governed by the laws of Malaysia, and the courts of Malaysia have exclusive jurisdiction over any dispute. Before either of us goes to court, we will each raise the problem in writing and give the other a fair chance to put it right.

Changes to these terms

The version on this page applies to engagements agreed after the effective date at the top. An engagement already under way keeps the terms that were in force when its proposal was accepted.

Contact

GOTELZ ENTERPRISE
No. 19, Jalan DE 2/5, Danau Embun, Bandar Gamuda Gardens, 48050 Rawang, Selangor, Malaysia
hello@gotelz.com