The following Terms and Conditions govern all use of the grapiku.com website and the Grapiku agency, including all content, services, and products made available. Grapiku's terms and conditions may change from time to time in accordance with prevailing management conditions.
Please read this Agreement carefully before accessing or using the website, and before placing any order. By accessing or using any part of the Grapiku website and services as a whole, you agree to be bound by the terms and conditions of this Agreement.
Definitions & Interpretation
Client
- References to “you”, “your”, “client”, “customer” and similar words in these Terms refer to the individual or entity that signs up for any Service and agrees to be bound by these Terms.
- Where the person or entity has accepted the Proposal in writing; or
- Where the person or entity to whom the Proposal is addressed has accepted the Proposal indirectly; or
- Where products and/or services are ordered for use
Grapiku
Grapiku is the name of a company, brand, branding agency, website developer, and provider of other digital marketing services based in Klaten, and will be referred to in these Terms as “we”, “our”, “the team”, or “Grapiku”.
Proposal
Any document and/or documents provided by Grapiku in connection with the proposed work.
Acceptance
- By using this service, you agree to be bound by the Terms and Conditions; you agree to indemnify and hold Grapiku harmless from any losses, liabilities, claims, damages, and costs arising from or related to your content or your use of any service provided by Grapiku. If you are not satisfied with these Terms and Conditions, you must discontinue use of our services.
- No advice or information, whether oral or written, obtained by you from Grapiku, its employees or associates, or through their respective websites will create any warranty that is not expressly stated in these Terms and Conditions.
- Each party individually represents and warrants that it has full power and authority to enter into this Agreement and to perform all of its obligations hereunder without violating the legal or equitable rights of any third party.
- If one (1) or more provisions, agreements, or restrictions in these Terms and Conditions are declared invalid, unenforceable, and/or void by a competent authority, that provision shall be fully severed. However, the other provisions of these Terms and Conditions shall remain in full force and effect.
Scope of the Service Agreement
- The Client entrusts us fully to determine the design, system, and methods used in the creation of our products/services, tailored to the Client's brand, and fully entrusts us with the selection of third-party partners for certain services, such as website design that requires a domain registrar and hosting provider.
- The agreement with each client may differ according to the service/contract/project needs of the client. Such agreements are further regulated in the project contract document that is issued and signed by both parties before the project begins.
Rights & Obligations
Rights & Obligations of Grapiku
- Grapiku is obliged to complete the project properly and in accordance with the agreement.
- Grapiku is obliged to provide progress reports periodically while the work is underway.
- Grapiku has the right to determine the system, theme, framework, modules, plugins, and scripts it deems appropriate for the ease and flexibility of custom development, without the client's consideration, unless there is a specific prior request.
- Grapiku has the right to offer suggestions and input to the client regarding design, development, upgrades, and so on.
- Once the project is completed, Grapiku has the right to include the client's project results in Grapiku's work portfolio as part of Grapiku's future marketing, unless there is a specific request or refusal, or an agreement contained in the project agreement document or a verbal agreement.
Rights & Obligations of the Client
- The Client is obliged to provide a detailed brief or information before work begins.
- The Client is obliged to provide content or other materials before the delivery deadline.
- For website development services, the client has the right to full ownership of the domain and hosting/server, including control panel access to the hosting/server.
Pricing
- Prices for work or proposed work contained in any proposal or work instruction shall be deemed estimates unless stated as a quotation.
- Prices stated in a quotation are valid for 30 days; however, Grapiku may change the quotation prior to acceptance if there is an increase in the cost of relevant products or services provided by third parties.
- Where we submit a quotation, the price is based on the service requirements, the complexity of the work, the duration of the work, the risks involved, and certain agreements that are further regulated in the project agreement document.
- Where work instructions have been given verbally, Grapiku will use its best efforts to produce the work product in accordance with those instructions. However, Grapiku will not be responsible for any changes required by the client to such work product, and such changes will be treated as variations and subject to additional charges/change fees.
- We guarantee that the price you pay corresponds to the best quality of service you will receive.
Payment
- Payment must match the order amount stated on the invoice. After making payment, the Client is entitled to receive a receipt of full payment from billing@grapiku.com or halo@grapiku.com, sent via email or the Client's WhatsApp contact, as proof that the Client has completed payment.
- For website development, branding design, illustration design, and social media management services, we require you to pay a down payment of 50%, adjusted at our discretion based on the project value and mutual agreement as set out in the project agreement document.
- For Google Ads and Facebook Ads services, we require you to pay in full the ad top-up amount you wish to run, plus a 12% fee on the total ad budget you wish to run. In other words, you must pay 100% before the project/service begins.
- For certain services that can be completed quickly, with a project value below IDR 500,000, we require full payment (100%) before the project/service begins.
Revisions & Warranty
- In all Grapiku services, we provide revisions, the number and limits of which are set according to the agreement in the project agreement document or a verbal agreement.
- Revisions that exceed the agreed/specified limit will be subject to additional revision fees.
- If, after revisions, the result still does not meet expectations, in this case exceeding the reasonable limit of revisions, or if the project is canceled, the client may request a refund. The refund is limited to 20% of the down payment already paid, to cover lost time and the investment of our team's work.
- The work product of a canceled project becomes the property of Grapiku. Copyright claims apply if the work previews we produced are duplicated or used at a later date without a written agreement between the client and Grapiku.
- In all Grapiku services, we also provide a warranty; however, the warranty for each service differs and is adjusted according to the agreement in the project agreement document or a verbal agreement.
- Our service warranties are void or no longer apply in certain circumstances, such as:
Website Development Services
- Migrating to a server or hosting provider other than Grapiku and its partners.
- Transferring the domain from Grapiku or its partners to another provider.
- Editing the website's appearance yourself and causing the website to break or display incorrectly.
- Installing or uploading files (themes, plugins, scripts, or other files) that make the website vulnerable or create open security gaps, allowing viruses or malware to damage the website.
- Spamming the content within the website, causing the website to be banned by Google and placed in Google's sandbox.
SEO Services
- Editing/changing keywords or optimization scripts that have been implemented on the website yourself, resulting in suboptimal SEO results.
- Spamming the content within the website, causing the website to be banned by Google and placed in Google's sandbox.
- Placing backlinks on spam websites.
Google Ads & Facebook Ads Services
- The website is rejected because it contains malware or other harmful scripts
- Using click bots or clicking on ads yourself to manipulate advertising conversion results
Intellectual Property Rights
- The client warrants that no text or images provided by the client to Grapiku for the purposes of the work violate any law (written or unwritten) or infringe the intellectual property rights or other rights of any third party, or otherwise cause Grapiku to become liable to any third party.
- Without limiting such warranty, Grapiku may, in its absolute discretion, refuse to typeset, print, or deliver any matter which, in its opinion, could expose Grapiku or its employees or agents to any action, claim, demand, or proceeding.
- If the client has informed Grapiku of the intended use of the work product, the client warrants the accuracy of that information.
- Grapiku will not, in the creation or production of work product for the client, knowingly infringe the intellectual property rights of others. However, Grapiku does not warrant that anything it uses in the creation or production of work product for the client, or that is contained in work product created or produced for the client, does not infringe the intellectual property rights of others.
- If more than one concept, design, or other option has been presented to the client, options other than the one selected by the client as the final work product will remain the property of Grapiku unless otherwise agreed in writing. Fees may apply for the granting of further usage rights in respect of those concepts and designs.
- If the Work involves photographs created by Grapiku on behalf of the client, the client will have full usage rights to those photographs upon receipt of full payment for the work product in which the photographs are used. If the Work involves photographs commissioned from a third party, the usage rights to those photographs shall be governed by the terms under which those photographs are supplied by the third party.
Important Information
- All materials (logos, images, text, or other materials) provided by the client must be of the quality and meet the specifications required by Grapiku. Additional fees apply for any additional Work that must be done to achieve such quality or specifications.
- Grapiku and the client must agree on deadlines for the delivery of materials to be provided by the client. The client will be responsible for all costs incurred by Grapiku as a result of lost production time because such deadlines are not met by the client or because the materials provided do not meet the quality or specifications required by Grapiku.
- If you become aware of any violation of these terms and agreements, please report it to: halo@grapiku.com
Force Majeure
Force majeure is a circumstance beyond one's control, for example natural disasters, floods, storms declared by the Government to be natural disasters, riots, fires, sabotage, war, epidemics, and compliance with the enforcement of laws and regulations. Force majeure does not include matters caused by negligence, forgetfulness, carelessness, and/or non-compliance with the enforcement of regulations.
If Grapiku and its partners experience force majeure, Grapiku and its partners will notify the client through the client's contact details immediately after the force majeure event occurs, and no later than 2 x 24 hours after it occurs, providing an explanation and an estimate of when performance of the Agreement's provisions will resume.
Changes to the Terms
Grapiku may revise these terms and conditions from time to time by posting a new version of this document on our website.
Governing Law
These terms of service and their implementation are subject to and construed in accordance with the laws and regulations of the Republic of Indonesia. In the event of any dispute or difference of opinion arising from the implementation of these terms of service, both the Client and Grapiku agree to resolve it through deliberation in order to reach a consensus.
Last edited on April 24, 2020 by the Grapiku Legal Team