Fielist Graphic Solution (AS0458769P) (“Fielist”) offers website development and design services under the brand Fielist for individuals and businesses seeking to create online platforms to promote their products or services (“Fielist Services”).

By engaging with Fielist Services, you acknowledge that you have reviewed, comprehended, and consent to adhere to the terms and conditions stated below and any future revisions (“Terms of Service”). IF DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT PROCEED WITH SIGNING UP.

1. Eligibility

1. Fielist Services are accessible only to and may only be utilized by individuals capable of entering into legally binding contracts as per the applicable law of their residing jurisdiction. Notably, Fielist services are not accessible to individuals under the age of EIGHTEEN (18) YEARS.
2. These Terms of Service apply to you, the user, and any entity (“principal” or “employer”) you represent. If you are registering on behalf of your principal or employer, you confirm that you possess the authority to bind them to these Terms of Service. Unless context dictates otherwise, all references to “you” or “your” encompass your principal or employer.
3. Fielist employs various methods to verify the accuracy of provided information during registration for Fielist Services and reserves the right to terminate provision of Fielist Services if any provided information appears incorrect for any reason.

    

2. Services and Features

1. Fielist offers services based on a subscription payment plan. You may choose to pay from monthly to yearly subscriptions.
2. All pricing is based on the website template you choose. You can view the service packages on any website template page. 
3. You may access our feature to request any additional plugin, such as Flexible Shipping, Discount and Promotion, and other features, at https://www.fielist.com/features
4. Fielist will inform important information via email, such as service interruptions, updates, modifications, or new developments to Fielist Services and any changes to these Terms of Service.
5. Fielist may, with THIRTY (30) DAYS’ notice to you:
   • Modify or discontinue any or all aspects of Fielist Services or restrict your usage of Fielist Services entirely or partially at our discretion; or
   • Change our pricing or these Terms of Service.
6. Should you find any change unacceptable, you have the option to cancel your account (refer to Section 6 below on account cancellation). Your continued use of Fielist Services post the effective date of the modification (expiration of the notice) indicates your ongoing acceptance of the amended Terms of Service.
7. Fielist maintains a strict no-refund policy and does not issue refunds.

3. Customer Content and Intellectual Property Rights

1. Fielist does not assert any intellectual property rights over information or material submitted to Fielist Services, granting you ownership and responsibility for your website’s content.
2. However, you consent to grant Fielist a non-exclusive right and license to utilize your website’s name, trademarks, and content on our Fielist website or in printed or online advertisements or other publications describing Fielist Services.
3. Furthermore, you affirm that you possess all necessary rights to display and distribute your website’s content, either as the author or with requisite distribution rights, licenses, or permissions from the relevant owner(s).

• “Fielist '' and its logos are trademarks of Fielist, with the compilation, collection, selection, arrangement, assembly, and coordination of all content available on the Fielist website constituting exclusive copyright of Fielist.
• You acknowledge that these Terms of Service do not confer any title, proprietary right, or interest over Fielist Services’ software and technology, or any other website development solutions or services provided by Fielist. You shall not:
  • Sublease or otherwise provide access to any of Fielist Services to third parties;
  • Engage in reverse engineering, reverse compiling, or derivation of underlying source code, structure, or sequence of Fielist Services’ software and technology; or
  • Delete or alter author attributes or copyright notices (unless expressly permitted in writing by the author or owner).

     

4. User Restrictions and Indemnity

1. You shall not use Fielist Services in any manner that, as determined by Fielist in its reasonable discretion, whether actual or potential:
   • Involves false, inaccurate, or misleading advertisement, fraudulence, or sale of counterfeit or stolen goods;
   • Infringes or misappropriate any individual’s copyright, patent, trademark, trade secret, or other proprietary rights;
   • Violates any law, statute, ordinance, regulation, governmental guideline, or policy in your jurisdiction or in Malaysia;
   • Displays content that is indecent, obscene, false, menacing, or offensive with intent to annoy, abuse, threaten, harass, or infringe Content Code requirements by the Malaysian Communications and Multimedia Commission.
2. If your use of Fielist Services necessitates any licenses, consents, authorizations, permissions, or approvals from governmental or regulatory bodies (“Licenses”), you agree not to operate such business via Fielist without obtaining the appropriate Licenses.
3. You agree that your use of Fielist Services, including information transmitted to or stored on Fielist servers, is governed by our privacy policy at https://www.fielist.com/term-of-services.
4. You agree to indemnify and hold Fielist, its suppliers, advertising and promotional partners, and service providers, along with their respective officers, directors, agents, and employees, harmless from any and all losses, costs (including reasonable legal costs and expenses), liabilities, or other expenses incurred or arising from:
   • Your breach of any provision of these Terms of Service and
   • Your use of Fielist Services.

      

5. Privacy Policy

1. Fielist prioritizes your privacy. You agree with and accept all terms and conditions of our privacy policy at https://www.fielist.com/privacy-policy.

    

6. Cancellation of Your Account

1. You reserve the right to cancel your account at any time by emailing us at support@fielist.com.
2. You acknowledge that all fees paid are fully earned upon subscription and non-refundable upon cancellation of your account.
3. Upon account cancellation, Fielist may, at its sole discretion, process including deletion of data, information, documents, files associated with your account and your use of the services.

    

7. Modification of Site Content and Termination of Service

1. Fielist may make changes to your website to rectify infringing content if you breach any provision of these Terms of Service and:
   • You fail to remedy it within the time period set out in our email notification to you; or
   • You fail to act according to the instructions in our notification to our absolute satisfaction.
2. Fielist shall not be liable for any direct or indirect damages resulting from such changes to your website.
3. Fielist reserves the right to discontinue your use of Fielist Services without prior notice if we determine, at our discretion, that:
   • You have breached any provision in our Terms of Service;
   • It is necessary for security reasons or for the proper continuance of operations;
   • You are not using Fielist Services for legitimate business purposes.
4. If Fielist is unable to charge your credit card or if you fail to make any payment due to us, and fail to remedy the same within FOURTEEN (14) DAYS’ from our notice, we may discontinue your use of any or all aspects of Fielist Services.
5. Upon discontinuation of your use of Fielist Services for reasons stated, you agree not to re-register or obtain access without our written approval, with Fielist reserving the right to delete your account.

    

8. Disclaimer of Warranties

Fielist provides services on an “as is” basis and disclaims any implied or statutory warranties to the widest extent permitted by law. Without limitation, Fielist gives no warranty regarding uninterrupted services or accuracy and reliability of Fielist Services.

9. Limitation of Liability

To the widest extent permitted by law, Fielist shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential, or other damages arising from your use of Fielist Services.

10. Notice

All notices in connection with Fielist Services or these Terms of Service will be sent via email to the address provided during registration, deemed received on the day sent from our mail server.

11. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Malaysia.

12. Force Majeure

Fielist’s delay or non-performance of any duties or obligations under these Terms of Service due to events beyond our control shall not be considered a breach.

13. Miscellaneous

1. These Terms of Service do not establish any agency, partnership, joint venture, employment relationship, or franchisor-franchisee relation between you and Fielist.
2. These Terms of Service, our Privacy Policy, and terms and conditions set forth at https://www.fielist.com/term-of-services constitute the entire agreement between you and Fielist, superseding all prior agreements and representations.
3. If any provision of these Terms of Service is held to be unenforceable, it shall be reformed to the extent necessary to make it enforceable.
4. No failure or delay by Fielist to exercise any right or remedy under these Terms of Service shall constitute a waiver thereof.