Terms of Service

1. Acceptance of These Terms

These Terms of Service set out the rules that apply when you visit this website, contact APPSTOLOGY SDN. BHD., or engage the Company for a project. By browsing the site, submitting an enquiry, or signing an engagement agreement that refers to these terms, you confirm that you have read them and that you accept them. If you do not accept them, please do not use the site or engage the Company.

You must have the authority to accept these terms on behalf of the organisation you represent. If you are acting for a company, partnership or other entity, you confirm that you are authorised to bind that entity, and references to you include that entity.

These terms should be read together with the Privacy Policy and with any signed engagement agreement. Where a signed engagement agreement deals with the same subject as these terms, the engagement agreement prevails to the extent of any inconsistency. Where these terms are silent, the engagement agreement governs by default.

2. About the Company

APPSTOLOGY SDN. BHD. is a company registered in Malaysia, operating from No 19, 1st Floor Lorong Wong King Huo 5, (Lot 4053 Block 7 Sibu Town District), Sibu - 96000, Malaysia (MY). The practice provides computer integrated systems design services within the professional, scientific and technical services sector. Its work ranges from the design of integrated operations systems to the build, test, deployment and handover of applications.

The Company publishes information about its services on this website. The content is provided for general information and is kept as accurate as reasonably possible, but it is not a binding offer and it does not replace a written proposal prepared for a specific engagement. A description of a service on the site should not be read as a guarantee that every element of that service will be included in every project.

3. Definitions

In these terms, the following words have the meanings given below unless the context clearly requires otherwise. A definition should be read consistently wherever the defined word appears.

Company means APPSTOLOGY SDN. BHD., its employees, contractors and authorised representatives.

Client means the organisation or person that engages the Company under an engagement agreement.

Engagement means the specific project, support arrangement or advisory work described in a signed agreement or a written confirmation of work.

Deliverable means any software, document, design, configuration, report or other item that the Company agrees to provide as part of an engagement.

System means the software and associated services built, configured or maintained by the Company under an engagement.

Client Material means data, content, credentials, documents, designs or other materials supplied by the client for use in an engagement.

Agreement means the signed document that incorporates these terms and describes the engagement.

4. Use of This Website

You may use this website for lawful purposes connected with learning about the Company and considering whether to engage it. You may read, print and share the public pages for those purposes. You may not use the site in a way that damages it, interferes with its availability, or attempts to gain unauthorised access to any part of it or to the systems behind it.

The following activities are prohibited: automated scraping that places an unreasonable load on the site; attempts to probe, scan or test the site for vulnerabilities without written permission; the introduction of malware, harmful code or misleading content; impersonation of the Company or of another person; and any use that would breach applicable law or the rights of another person.

The Company may suspend or restrict access to the site where it detects abuse, where it is carrying out maintenance, or where it is required to do so by law. The Company will restore access as soon as the reason for the restriction has passed, unless a legal requirement prevents it.

The website is provided as a convenience. The Company does not guarantee that it will be available without interruption, and it may change or withdraw any part of it at any time. Nothing on the site constitutes professional advice that you can rely on without a written engagement.

5. Engagements and Proposals

An engagement begins when a written proposal has been accepted and, where required, a signed agreement has been executed. Until that point, no binding obligation arises on either side, and the Company may decline a project without giving reasons. A verbal conversation, an email exchange or a meeting does not create an engagement unless it is expressly confirmed in writing.

A proposal sets out the scope, the assumptions, the delivery sequence, the fees and the estimated timeline. Estimates of time and cost are made in good faith on the basis of the information available at the time. Where the information changes, or where the client requirements change, the estimate is expected to change as well, and the procedure in the scope change section applies.

The Company reserves the right to decline an engagement that would require it to act in a way that conflicts with its professional ethics, its legal obligations or its security standards. If an engagement is declined for a reason that can be explained without breaching confidentiality, the Company will explain it.

6. Scope and Changes

Scope discipline is central to the way the Company works. Every engagement begins with a written scope recorded in a build sheet, including what will be delivered, what will not be delivered, and what assumptions the plan depends on. This is the foundation of a reliable estimate, and it protects both parties from the slow drift that damages most software projects.

A change to scope may be requested by either party at any time. A change request is recorded in writing and assessed for its effect on time, cost, risk and quality. The Company will provide a written impact assessment, and the change takes effect only when both parties accept it. Work already completed is not retroactively re-priced unless the agreement expressly allows it.

Where a client instruction creates work that was excluded from the original scope, the Company may pause the affected part of the engagement until the change is agreed. The Company will not silently absorb out of scope work, because doing so would damage the quality of the agreed deliverables and mislead the client about the true cost of the project.

7. Fees and Payment

Fees are set out in the engagement agreement or the proposal. They may be fixed for a defined scope, based on time and materials, or structured as a retainer. Where a fee is described as an estimate rather than a fixed price, the client is responsible for the reasonable cost of work actually performed.

Unless the agreement states otherwise, invoices are due within thirty days of issue. Approved expenses are invoiced at cost, with supporting documentation available on request. Amounts that are overdue may attract interest at the rate stated in the agreement or, where no rate is stated, at the rate permitted by applicable law.

The Company may suspend work where an invoice remains unpaid beyond the agreed due date and a written reminder has not produced payment or a reasonable payment plan. Suspension is a last resort and is applied with notice. Where work is suspended, the client remains liable for work completed before the suspension and for any commitments the Company has reasonably entered into on the client behalf.

Fees are exclusive of any tax that must be added under applicable law. Currency, payment method and any banking charges are set out in the agreement. Where a payment is reversed without a valid reason, the Company may recover the resulting costs, including reasonable administrative and legal costs.

8. Client Obligations

A successful engagement depends on the client as much as on the Company. The client agrees to provide accurate information about the organisation and the process being improved, to nominate a representative with authority to make decisions, and to respond to questions within a reasonable time. Delays caused by a slow response can affect the timeline, and the Company does not accept responsibility for a delay that results from the client side.

The client agrees to supply Client Material that it has the right to use, and to obtain any consent needed for the Company to process that material in the course of the engagement. The client is responsible for the accuracy of the data it supplies and for ensuring that test data does not contain unnecessary personal information. Where real personal data is required for testing, the client is responsible for providing a lawful basis and for informing the individuals concerned.

The client agrees to keep credentials confidential, to grant access only to people who need it, and to notify the Company promptly if a credential may have been compromised. The client also agrees to maintain the infrastructure and third party accounts that it has chosen to own, unless the engagement expressly makes the Company responsible for them.

Where the client requests a technology, platform or integration that the Company considers unsuitable or unsafe, the Company will explain the concern. If the client nevertheless insists, the Company may proceed, but the resulting risk is borne by the client and is recorded in writing.

9. Delivery, Testing and Acceptance

Delivery follows the working stations described on the services page. Releases are made on a scheduled rhythm, each accompanied by a plain language release note. Before a release is made available to end users, the Company performs its own checks and, where the engagement requires it, runs a test flight window with representative users. Store review rounds are managed for any distribution channel that requires approval.

Acceptance criteria are agreed in writing before development begins. When the Company delivers a feature or a milestone, the client is asked to confirm that the acceptance criteria have been met or to identify the specific criteria that have not been met. The client will respond within the period stated in the agreement or, where no period is stated, within ten working days. A failure to respond after a written reminder may be treated as acceptance.

A defect is a failure to meet the agreed acceptance criteria. Defects reported within the agreed warranty period are corrected at no additional charge. A request for a new capability, or a change to a criterion that was previously accepted, is a change of scope rather than a defect and follows the procedure in the scope change section.

Dates given in a proposal are estimates unless expressly described as contractual deadlines. Where a deadline is critical, the client should ask for it to be recorded as a milestone with defined consequences, and the Company will confirm in writing whether it can commit to it.

10. Handover and Transition

Every engagement leads to a handover. The Company walks the client team through the system at a sitting in the Sibu office or, where agreed, at the client site. The handover covers architecture at a level the client team can follow, credentials and access paths, routine operations, incident escalation, and the known limits of the system.

At handover the client receives the documented history of the engagement: the completed build sheet, the release note runs, the test findings and the runbook. The Company considers a handover complete when the client team can operate the system without the Company in the room. Where the client requests additional training after the handover, it is provided under a separate arrangement.

If the client wishes to move the system to another provider, the Company will cooperate reasonably. Cooperation may include exporting data in a standard format, providing a final copy of the documentation, and answering technical questions from the incoming provider. This cooperation may be charged at the Company standard rates where it exceeds a reasonable amount, and it is subject to the client account being settled.

11. Intellectual Property

The Company retains ownership of its pre-existing materials, including its methods, templates, internal tools, generic components and know-how. These materials may be used in an engagement, but they remain the property of the Company. The client receives a licence to use them only to the extent necessary to operate the deliverables supplied under the engagement.

On full payment, the client receives ownership of the bespoke deliverables created specifically for it under the engagement, or a perpetual licence to use them, as set out in the agreement. Where the agreement grants a licence rather than ownership, the licence is non-exclusive and non-transferable except as part of a sale of the client business or a related transaction.

Client Material remains the property of the client. The client grants the Company a limited licence to use Client Material only for the purpose of the engagement. The Company will not publish Client Material without written permission, and it will not reuse client data in another project.

The Company may refer to the engagement in a general way, for example by naming the client among its clients on this website or in a proposal, unless the client has asked in writing for confidentiality. No confidential detail, screenshot or document will be published without explicit approval.

12. Confidentiality

Each party agrees to keep confidential the non-public information of the other party that it receives in connection with an engagement. Confidential information includes business plans, financial data, technical designs, credentials, personal data and the content of the agreement itself. The obligation applies during the engagement and continues for a reasonable period after it ends.

Confidential information may be shared with employees, contractors and professional advisers who need it to carry out the engagement, provided that they are bound by confidentiality obligations at least as protective as this section. Information may be disclosed where the law requires it, where a court or regulator orders it, or where disclosure is necessary to defend a legal claim. Where disclosure is required, the disclosing party will give notice to the other party where it is lawfully able to do so.

Confidentiality does not apply to information that is already public, that was lawfully known before the engagement, that is independently developed without use of the confidential information, or that is received from a third party without a duty of confidence. These exceptions are the standard carve-outs of confidentiality law and are applied narrowly.

13. Data Protection

Each party will comply with the data protection law that applies to it. Where the Company processes personal data on behalf of the client, it acts as a processor on the client documented instructions and applies the security and confidentiality measures described in the Privacy Policy and in the engagement documents.

The client remains responsible for the lawfulness of the personal data it places into the system, for the notices it gives to individuals, and for the retention periods it chooses. Where the Company is asked to process data in a way that the client has not lawfully authorised, the Company may decline and will explain the reason.

Where the client and the Company are established in different jurisdictions, the parties will agree in the engagement documents which law governs the processing and what safeguards apply to any transfer. The Company will not transfer personal data to a jurisdiction where it cannot obtain adequate assurances of protection.

14. Third Party Components

Most modern systems rely on third party components: open source libraries, cloud platforms, payment providers and communication services. The Company selects such components with care and keeps them updated where the engagement includes maintenance, but it does not control their internal behaviour and cannot guarantee their uninterrupted availability.

Where a third party component changes its terms, its pricing or its technical behaviour in a way that affects the system, the Company will inform the client and propose a course of action. Any resulting work is treated as a change of scope unless the engagement expressly includes it.

Open source components are used under their respective licences, and the client is responsible for complying with those licences where it distributes software that contains them. The Company will identify the significant licences in use at handover so that the client can meet its obligations.

15. Warranties

The Company warrants that it will carry out an engagement with reasonable skill and care, in accordance with the agreed scope and professional standards. It warrants that the deliverables it creates will materially conform to the agreed acceptance criteria at the point of delivery. These warranties are the core of the Company commitment and are the basis of the limitation of liability below.

The Company does not warrant that the system will be free of every defect, that it will be compatible with every possible environment, or that it will achieve a particular commercial result. Software is complex, environments change, and no responsible provider can offer an absolute guarantee of perfection. Where a defect is found, the Company will fix it within a reasonable time in accordance with the warranty terms of the engagement.

Except as expressly stated in these terms or in the agreement, all other warranties, conditions and representations, whether express or implied, are excluded to the maximum extent permitted by law. Nothing in this section excludes a warranty that cannot lawfully be excluded.

16. Limitation of Liability

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, including loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill or loss of data, arising out of or in connection with the agreement, even if the party was advised of the possibility of such loss.

To the maximum extent permitted by law, the total liability of the Company arising out of or in connection with an engagement is limited to the total fees paid by the client under the relevant agreement in the twelve months preceding the event giving rise to the claim. Where the engagement is shorter than twelve months, the limit is the total fees paid under the engagement.

Nothing in this section limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited. A party must not be able to exclude liability for its own dishonesty, and these terms do not do so.

The parties agree that the limits in this section are reasonable in the context of a professional services relationship, that they are reflected in the fees charged, and that they allocate risk in a way that both parties accept when they enter the agreement.

17. Indemnity

The client agrees to indemnify the Company against any claim, loss, damage or expense arising from Client Material that the client did not have the right to supply, from use of the system in breach of these terms or the agreement, or from a client instruction that the Company followed after warning the client of the risk in writing.

The Company agrees to indemnify the client against any claim that the bespoke deliverables, as supplied by the Company and used in accordance with the agreement, infringe the intellectual property rights of a third party. This indemnity does not apply where the claim arises from Client Material, from a modification made by the client or a third party, or from a combination requested by the client.

A party seeking indemnity must notify the other promptly, give reasonable cooperation, and allow the indemnifying party to control the defence and settlement of the claim, provided that no settlement may admit fault on the part of the indemnified party without its agreement.

18. Suspension and Termination

Either party may terminate an engagement for convenience by giving the notice period stated in the agreement or, where no period is stated, thirty days written notice. On termination for convenience, the client pays for work completed up to the termination date and for any non-cancellable commitments reasonably entered into by the Company.

Either party may terminate immediately where the other commits a material breach and fails to remedy it within fifteen days of written notice, where the other becomes insolvent or unable to pay its debts, or where the other engages in conduct that makes the relationship untenable. Where the client terminates for the Company material breach, the client is entitled to a refund of fees paid for work not performed.

The Company may suspend work where an invoice is overdue, where a legal requirement prevents continued work, or where continuing would create a serious security or legal risk. Suspension is not termination, and the agreement continues to apply while work is paused.

On termination, the Company will deliver the work completed to date, provide the documentation that exists at that point, and cooperate reasonably on an orderly transition. Clauses that by their nature should survive termination, including those on confidentiality, intellectual property, liability and governing law, continue to apply.

19. Force Majeure

Neither party is liable for a failure or delay in performance caused by an event outside its reasonable control. Such events include natural disasters, epidemics, war, civil unrest, government action, widespread failure of telecommunications or power, and disruption of a major third party infrastructure provider.

The affected party must notify the other promptly, describe the event and its expected effect, and take reasonable steps to mitigate the impact. The affected obligations are suspended for the duration of the event, and the timeline is extended by a period that is reasonable in the circumstances.

If a force majeure event continues for more than sixty days and materially frustrates the purpose of the engagement, either party may terminate the affected part of the engagement by written notice. On such termination, the client pays for work completed and for non-cancellable commitments, and the Company returns any advance payment for work not performed.

20. Governing Law and Disputes

These terms and any engagement are governed by the laws of Malaysia, without regard to conflict of law rules. The courts of Malaysia have exclusive jurisdiction over any dispute arising from them, unless the agreement provides for arbitration or for another forum.

Before starting formal proceedings, the parties agree to attempt to resolve a dispute through good faith discussion. A written notice of dispute must describe the issue, the remedy sought and the factual background. The parties will meet within fifteen days of the notice, in person at the Sibu office or by video conference, and will try to reach a resolution within thirty days.

If the discussion does not resolve the dispute, the parties may agree to mediation before an independent mediator. The costs of mediation are shared equally unless the mediator decides otherwise. A party may apply to a court for urgent injunctive relief at any time where delay would cause irreparable harm.

21. Changes to These Terms

The Company may update these terms from time to time to reflect changes in the way it works, in the law, or in the services it offers. The date at the top of the page records the most recent update. The current version always applies to new engagements and to use of the website after the update takes effect.

For an existing engagement, a change to these terms does not apply retrospectively unless the parties agree in writing. Where a change would materially affect the rights or obligations of an existing client, the Company will notify the client directly and will discuss any practical implications before the change is applied to that engagement.

Continuing to use the website after an update indicates that you have had the opportunity to read the revised terms. If you do not accept a change, you may stop using the website and, where relevant, discuss the effect on your engagement with the Company.

22. Contact

Questions about these terms, requests for clarification, or notices required under them should be sent in writing to the front office. Please include a clear subject line and enough detail for the matter to be understood without a follow-up question.

Company: APPSTOLOGY SDN. BHD.
Address: No 19, 1st Floor Lorong Wong King Huo 5, (Lot 4053 Block 7 Sibu Town District), Sibu - 96000, Malaysia (MY)
Email: frontoffice@appstology.com
Telephone: +19843315423

A notice is treated as received on the next working day after it is sent by email, or five working days after it is sent by post. The same people answer both the telephone line and the email address, so you do not need to use both channels. Thank you for reading these terms; a clear agreement is the beginning of a good working relationship.