Terms of Service

Aiden Creative Pte Ltd provides a wide array of services to clients around the world. The following terms of service are designed to provide the highest level of service possible.

1. The parties agree to enter into this Agreement for the purpose of the Service Provider (Aiden Creative Pte Ltd) providing the Services as set in the Agreement/Quotation/Scope-of-Work to the Client (Business/ Individual whom Services are rendered to). The Service Provider will provide the Services as specified in the Agreement/Quotation/Scope-of-Work.


2. The Client and the Service Provider have agreed to enter into an Agreement for a period of not more than 3 months, unless this Agreement is terminated or extended in accordance with the Agreement/Quotation/Scope-of-Work. If the project is delayed beyond the 3 months due to the client’s inability to provide the necessary inputs following a reminder email from Aiden Creative, the Service Provider has full rights to terminate the contract (project) without any compensation to the Client.


3. The hosting and related services are provided by Vodien Pte Ltd. Please view Vodien’s Terms of Services at http://www.vodien.com/terms-of-use.php. Aiden Creative will provide value-added service of fronting and managing the client’s hosting requests and needs. However, all hosting SLA and related agreements for other add-on services and products fall under Vodien’s terms of use. Vodien Pte Ltd will be the responsible party as they are the hosting provider for this hosting package.


4. Unless otherwise stated, the Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Aiden Creative for inclusion in the web development are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements and will hold harmless, protect, indemnify and defend Aiden Creative and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.


5. The Client agrees that the Client is solely responsible for complying with any laws, taxes and tariffs applicable in any way to the Web Development Project or any other services contemplated herein and will hold harmless, protect and defend Aiden Creative and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes and tariffs.


6. The Service Provider and the Client agree to keep confidential all Confidential Information and data (in whatever form) regarding the other party’s business and the business of any of its associated companies or related corporate bodies. The Client and the Service Provider agree that, subject to any contrary policy or direction of the other party, they will keep secret and confidential and not publish, disclose, divulge, nor use any Confidential Information relating to the other party’s business, both during the period of this Agreement and after the termination of this Agreement.


7. The Client and the Service Provider agree that they will not memorize any Confidential Information for their own personal use, misuse or any other purpose not relating to the purposes and Services of this Agreement. The rights of each party pursuant to this clause are in addition to any rights that each party may have at law or in equity regarding confidential information or trade secrets.


8. For the purposes of this Agreement, “Confidential Information” means any information that would at law or in equity be classified as the trade secrets or confidential information of a party, plus any other information relating to the businesses of either party or companies related to either party, including information regarding: (1) the names, addresses, telephone numbers and email addresses of either party’s clients and all lists or other records containing this information; (2) information regarding either party’s suppliers and contractors; (3) financial and business information relating to either party, including, without limitation, business plans, financial data, online strategy, market analyses, market expansion plans, revenue, and profit analyses; (4) information regarding remuneration, bonus entitlements, or commission of employees of either party; or (5) technical information regarding either party’s products including without limitation, all implemented or planned product and services improvements or changes; provided that Confidential Information shall not include: (6) information which was in the public domain prior to disclosure to a party; (7) information which enters into the public domain other than as a result of a breach of this Agreement by either party; (8) information which either party can prove was in its possession at the time of first disclosure by the other party, and was not acquired directly or indirectly from the other party; or (9) information which either party received legitimately from a third party legitimately in possession of and having a right to disclose such information and who was not under any obligation of confidentiality to the other party.


9. For the avoidance of doubt, any access granted to the Service Provider to the Client’s data feed, Analytics or other similar data shall be considered access to Confidential Information and will be governed by the provisions of this Agreement.


10. The Client agrees that it shall not solicit, canvass, or approach any employees of the Service Provider, with the intent of obtaining the services or employ of any of the Service Provider’s employees. This restriction applies both during the term of this Agreement and for a period of twelve (12) months after the termination of this Agreement.


11. This Agreement, including the SCOPE-of-WORK, constitute the entire agreement of the parties in respect of the matters dealt with in this Agreement and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in this Agreement.


12. The Client acknowledges that it has relied on its own knowledge and enquiries in connection with every aspect of the Services and has not relied on any warranty or representation made by or on behalf of the Service Provider. The Client indemnifies the Service Provider against any losses, including any damage, loss, cost, expense, or liability that arises out of any claim made by a third party that the Services infringe any third party’s intellectual property rights.


13. The Client agrees that the Service Provider and its affiliates are to be held harmless from any actions performed by the Service Provider and its affiliates in pursuant to the Services rendered in this agreement.


14. There are times where third-party platform/software integration do not work as ideal as one would expect due to inherent issues within the third-party platforms/software themselves, or due to the integration limitation of the APIs, etc. In this scenario, the Client should understand the possibility of such instances and shall indemnify the Service Provider and not hold the Service Provider accountable at all cost. The Client agrees that the Service Provider and its affiliates are to be held harmless from any actions performed by the Service Provider and its affiliates in pursuant to the Services rendered in this agreement.


15. As much as possible, Aiden Creative will develop a platform that is as bug-free as possible. However, it is not possible to produce a perfect platform that is error-free from day 1. In this scenario, the Client should understand the possibility of such instances, and shall indemnify the Service Provider and not hold the Service Provider accountable at all cost. The UAT phase is an avenue for the Client to work with the Service Provider to test and identify bugs and imperfections on the platform. Even after the UAT phase, new bugs/typos may arise overtime. For as long as it is an error on Aiden Creative’s part and the platform is still within the warranted period, Aiden Creative will work towards resolving them. The Client agrees that the Service Provider and its affiliates are to be held harmless from any actions performed by the Service Provider and its affiliates in pursuant to the Services rendered in this agreement.


16. As much as possible, Aiden Creative will develop a platform that functions smoothly across most modern devices and browsers. However, for some reasons (usually due to old Operating Systems (OSs) and/or browsers), the website may not function ideally. The Client should understand the possibility of such instance, and shall indemnify Aiden Creative and not hold the Service Provider accountable at all cost. The UAT phase is an avenue for the Client to work with the Service Provider to test and identify bugs and imperfections on the platform. Even after the UAT phase, new bugs/typos may arise. For as long as these errors are within Aiden Creative’s purview, and the platform is still within the warranted period, Aiden Creative will work towards resolving them. The Client should also agree that the Service Provider and its affiliates are to be held harmless from any actions performed by the Service Provider and its affiliates in pursuant to the Services rendered in this agreement.


17. Depending on the packaged you have signed up for, you may be entitled to a certain number of royalty-free images to be used for the website only. These images can be selected under http://www.aidencreative.com/media only.


18. The Client should determine what browsers and Operating Systems are to be targeted, so Aiden Creative can design and build a platform that adapts accordingly. If direction is not provided, Aiden Creative will develop one that functions across most modern browsers and devices. Aiden Creative also tends to develop advanced sites and platforms that are progressive with time – typically those that optimize and make the best use of modern browsers. As such, it would not make sense to abandon important features of advanced sites/platforms in order to cover this niche (Old devices, OSs, and browsers).


19. The above stated Terms of Service are correct as of 14 June 2017.


20. Last 3 Revisions:
     - 10 Feb 2013