Terms of Use

These Terms of Use constitute a legally binding agreement between you (Client, User, Organization) and Benamici Studio (Company, We, Us, Our).

By accessing benamici.com, requesting a quotation, issuing a purchase order, executing a service agreement, or subscribing to or purchasing any software, plugin or IT service provided by Benamici Studio, you acknowledge that you have read, understood and agreed to be bound by these terms.

If you are entering into this agreement on behalf of a corporate entity, educational institution or government body, you warrant and represent that you have the legal authority to bind such organisation to these Terms.

To ensure clarity, the following definitions apply throughout this document:

• Services

  Custom software development (web, mobile, SaaS, ERP), ArcGIS Enterprise deployment, SEO, Google Ads management, hosting and cloud support, and IT infrastructure consulting.

• Skooldash

  Our proprietary cloud based school management platform, including its web interface and associated iOS and Android applications.

• Smartify Series

  Our suite of enterprise WordPress and WooCommerce plugins, including Smart Review, Smart Reward, Smart Security, Smart Korban, and future releases.

• Deliverables

  All final codebase assets, software releases, configured servers, documentation, design files or hardware units supplied under an accepted scope of work.

• Quotation / Scope of Work (SOW)

  The official document issued by Benamici Studio detailing functional specifications, pricing, timelines and payment milestones.

All contents published on benamici.com, including technical case studies, portfolio entries, UI and UX designs, branding elements, software documentation and code snippets, are the exclusive intellectual property of Benamici Studio or its respective licensing partners.

• Permitted use. You may view, download and print content solely for internal evaluation of our services.
• Prohibited actions. Copying, scraping, reverse engineering, republishing, or claiming Benamici Studio's portfolio assets as your own work is strictly prohibited.
• System integrity. You must not attempt to breach security layers, perform unauthorised vulnerability scans, or disrupt our web hosting infrastructure.

• Quotations and validity. Quotations issued by Benamici Studio are valid for 30 calendar days from the date of issue unless specified otherwise.
• Pricing currency. All fees, retainer packages and software licences are quoted and billed in Malaysian Ringgit (MYR) unless formally agreed in an international currency.

Payment terms

• Project work

  Invoiced based on predefined milestone stages, for example deposit, staging delivery and production launch.

• Skooldash SaaS

  Billed in advance on a recurring monthly or annual billing cycle, as stated in your agreement.

• Smartify Series plugins

  Licensed on an annual subscription, billed in advance for each twelve month term.

• Hardware and IT supply

  100% advance payment required upon order confirmation, unless governed by an approved enterprise or government credit term.

A. Proprietary SaaS (Skooldash)

• Provided on a non-exclusive, non-transferable subscription licence basis.
• The client retains full ownership of their operational and student data.
• Access is contingent upon active subscription status. Account access will be restricted upon subscription termination or payment default.

B. WordPress plugins (Smartify Series)

• Plugins are licensed on an annual subscription, renewable every twelve months.
• Software licences are valid strictly for the domain or domains specified during purchase or agreement.
• Licences include access to software updates and technical support during the active subscription or maintenance window.
• Redistribution, resale, nullification of licence verification keys, or unauthorised code modification is strictly forbidden.

C. Custom software codebase

• Upon full and final settlement of all project invoices, the ownership of custom application source code developed specifically for the client will be transferred as outlined in the SOW.
• Benamici Studio retains rights to proprietary core engines, frameworks, reusable utility modules and pre-existing libraries utilised during development.

• Scope limits. Engineering work is strictly bounded by the functional specifications defined in the accepted Quotation or SOW. Any extra feature requests or modification of core logic will be treated as a Change Request (CR) and quoted separately.
• Client dependencies. Timely delivery requires client cooperation, such as providing logos, brand guidelines, content, server access or timely approval. Delays caused by pending client inputs will result in a corresponding extension of project deadlines.
• Revision rounds. Standard custom development packages include up to two (2) rounds of minor revisions during the staging phase. Major structural changes after signoff will be subject to additional development charges.

• Bug fix warranty. Custom software projects carry a 30 day warranty period commencing from the date of official production launch. This warranty covers the rectification of bugs or deviations from agreed specifications free of charge.
• Exclusions from warranty. The warranty is rendered void if third party developers alter the source code, or if failure is caused by third party hosting server changes, API modifications or unauthorised administrative actions.
• Ongoing maintenance. Post warranty support, cloud server uptime management, security patch deployments and core updates are governed under a separate Managed Hosting and Maintenance Agreement.

• No consequential damages. To the maximum extent permitted by Malaysian law, Benamici Studio shall not be liable for any indirect, incidental, special or consequential damages, including loss of business profits, data corruption or operational downtime, arising out of the use or inability to use our products and services.
• Liability cap. Benamici Studio's total cumulative financial liability under any circumstance shall not exceed the actual amount paid by the client to Benamici Studio for the specific product or service in dispute during the preceding 6 months.
• Client indemnity. You agree to defend and hold harmless Benamici Studio against any third party legal claims, damages or expenses arising from your misuse of our platforms, copyright infringements in content supplied by you, or breach of applicable laws.

• Non-disclosure. Both parties agree to maintain strict confidentiality regarding proprietary technical architecture, business processes, trade secrets and pricing structures disclosed during the engagement.
• Personal data protection. Benamici Studio complies with the Personal Data Protection Act 2010 (PDPA) of Malaysia. Any customer or operational data handled during hosting, ERP maintenance or Skooldash administration is processed strictly for fulfilling operational obligations.

Full detail on how we collect and process personal data is set out in our Privacy Policy.

Termination for convenience. Subscriptions may be cancelled by providing a 30 day written notice prior to the end of the billing term.

Termination for default. Benamici Studio reserves the right to immediately suspend licence keys, disable hosting environments or terminate services if:

• Payments remain overdue for more than 14 calendar days past the due date.
• The client breaches acceptable use policies, engages in unlawful system operations, or attempts unauthorised access to multi tenant cloud environments.

These Terms of Use shall be governed by and construed in accordance with the Laws of Malaysia.

In the event of any dispute, disagreement or claim arising out of or relating to these terms or services provided, both parties agree to first attempt to resolve the matter through good faith informal negotiations. If unresolved within 30 days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Malaysia.

If you have questions regarding these Terms of Use, please reach out to our legal and administrative department:

• Privacy Policy
• Refund Policy
• Support