TERMS & CONDITIONS
Welcome to Web App Marketing Sdn Bhd (1600388-U) (“we,” “us,” or “our”). By accessing or utilizing our website, products, or services, you (“Client,” “you,” or “your”) agree to be bound by these Terms & Conditions (“Terms”). These Terms govern your engagement with us and outline the mutual rights and obligations between Web App Marketing Sdn Bhd (1600388-U) and its Clients. Please read these Terms carefully before engaging with our services.
1. Acceptance of Terms
By accessing our website, contracting our services, or otherwise engaging with Web App Marketing Sdn Bhd (1600388-U), you acknowledge and agree to comply with these Terms and all applicable laws, regulations, and industry standards. These Terms constitute a legally binding agreement between you and Web App Marketing Sdn Bhd (1600388-U).
If you do not agree with any provision of these Terms, you are prohibited from accessing or using our services. We reserve the right to update or modify these Terms at our discretion without prior notice. Changes will be effective immediately upon posting to our website (https://manyproject.my). It is your responsibility to review these Terms periodically for updates. Continued use of our services after changes are posted constitutes your acceptance of the revised Terms.
2. Scope of Services
Web App Marketing Sdn Bhd (1600388-U) provides a range of professional digital marketing and web development services, including but not limited to:
- Website Design and Development
- Digital Marketing Campaigns (e.g., pay-per-click, email marketing)
- Social Media Management and Strategy
- Content Creation (e.g., copywriting, graphic design, video production)
- Search Engine Optimization (SEO)
- Online Advertising Management
- Analytics and Performance Reporting
The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate Service Agreement or Proposal (“Agreement”) signed by both parties. Any additional services requested beyond the agreed scope may incur additional fees, subject to mutual agreement.
3. Client Responsibilities
To ensure the successful delivery of our services, you agree to the following obligations:
- Timely Provision of Materials: Provide all necessary content, images, data, access credentials, and approvals in a timely manner to meet project deadlines.
- Accuracy of Information: Ensure all materials and information provided to us are accurate, lawful, and do not infringe on third-party rights, including intellectual property or privacy rights.
- Access and Permissions: Grant necessary access to systems, platforms, or accounts (e.g., website hosting, social media accounts) required for us to perform our services.
- Compliance: Use our services in compliance with all applicable local, national, and international laws, including but not limited to data protection (e.g., PDPA in Malaysia), intellectual property, and advertising regulations.
Failure to meet these responsibilities may result in project delays or additional costs, for which you will be responsible.
4. Payment Terms
All payments for services will be specified in the Agreement or invoice issued by Web App Marketing Sdn Bhd (1600388-U). The following payment terms apply unless otherwise stated:
- Deposit: A non-refundable deposit of 50% of the total project cost is required before work commences, unless otherwise agreed in writing.
- Milestone Payments: For projects exceeding MYR 10,000 or spanning more than 30 days, milestone payments may be required as outlined in the Agreement.
- Final Payment: The remaining balance is due within 7 days of project completion or delivery of final deliverables, unless otherwise specified.
- Late Payments: Invoices unpaid within 14 days of the due date will incur a late fee of 2% per month on the outstanding balance. We reserve the right to suspend or terminate services for non-payment.
- Currency and Taxes: All payments shall be made in Malaysian Ringgit (MYR) and are exclusive of applicable taxes (e.g., SST), which will be added to the invoice as required by law.
Payments can be made via bank transfer, online payment platforms, or other methods specified in the Agreement. We reserve the right to withhold deliverables until full payment is received.
5. Refund Policy
Refunds are subject to our Refund and Return Policy, available upon request. In general:
- Refunds may be requested within 7 days of the initial deposit, provided no significant work (e.g., design drafts, coding, or campaign setup) has commenced.
- No refunds will be issued for work already completed or for services partially delivered, including consultation or planning phases.
- Refund requests must be submitted in writing to hello@manyproject.my and will be reviewed on a case-by-case basis.
6. Intellectual Property
6.1 Ownership of Deliverables
All content, designs, code, and intellectual property created by Web App Marketing Sdn Bhd (1600388-U) during a project remain our property until full payment is received. Upon receipt of full payment, ownership of the final deliverables, as specified in the Agreement, will transfer to you, subject to the following:
- You are granted a non-exclusive, non-transferable license to use the deliverables for their intended purpose.
- Any pre-existing intellectual property owned by Web App Marketing Sdn Bhd (1600388-U) (e.g., proprietary code, templates, or tools) remains our property and is licensed to you solely for use within the scope of the project.
6.2 Client-Provided Materials
You warrant that all materials provided to us (e.g., logos, images, text) are owned by you or you have obtained necessary permissions for their use. You agree to indemnify us against any claims arising from the use of such materials.
6.3 Portfolio Rights
We reserve the right to showcase completed projects in our portfolio, marketing materials, or case studies, unless otherwise agreed in writing. If you prefer confidentiality, please notify us in writing before project commencement.
7. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary or sensitive information shared during the project, including but not limited to business strategies, customer data, financial information, and trade secrets. Confidential information shall not be disclosed to third parties without prior written consent, except as required by law. This obligation survives the termination of the Agreement.
8. Project Timeline and Delays
We will strive to complete your project within the timeline specified in the Agreement. However, delays may occur due to:
- Unforeseen technical issues or third-party service disruptions.
- Client delays in providing feedback, materials, or approvals.
- Changes to the project scope requested by you.
In the event of client-induced delays, we reserve the right to adjust the timeline and charge additional fees for expedited work, if necessary. Significant scope changes may require a revised Agreement.
9. Post-Delivery Resolution
Any claims regarding flaws, defects, or non-conformance in the delivered project must be reported in writing to hello@manyproject.my within two (2) months from the date of delivery of the first draft, as specified in the invoice or Agreement. We will review and address such claims within a reasonable timeframe, provided they fall within the agreed project scope and are reported within this period. Claims raised after this two-month period will not be addressed under the original Agreement, and any additional work requested to resolve such issues will require a new Agreement, subject to mutual consent and additional fees as applicable. This clause ensures timely identification and resolution of issues while maintaining project efficiency and fairness to both parties.
10. Limitation of Liability
To the fullest extent permitted by law, Web App Marketing Sdn Bhd (1600388-U) shall not be liable for:
- Any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising from the use or inability to use our services.
- Errors, interruptions, or inaccuracies in third-party platforms or services used in connection with our work.
- Any damages exceeding the total amount paid by you to Web App Marketing Sdn Bhd (1600388-U) for the specific project giving rise to the claim.
We do not guarantee specific results (e.g., website traffic, conversions, or rankings) unless expressly stated in the Agreement.
11. Third-Party Services
Our services may involve the use of third-party platforms, tools, or services (e.g., web hosting, advertising platforms, analytics tools). We are not responsible for the performance, availability, security, or terms of service of these third-party providers. Any issues or disputes with third-party services must be resolved directly with the respective provider. You agree to comply with the terms and conditions of any third-party services utilized in your project.
12. Termination of Services
12.1 Client Termination
You may terminate the Agreement at any time by providing written notice to hello@manyproject.my. Upon termination:
- No refunds will be issued for any deposits or progress payments made, regardless of the stage of the project.
- You will be invoiced for all work completed up to the termination date, including any costs incurred (e.g., third-party fees).
- If additional work beyond the agreed scope has been performed at your request or as necessitated by project requirements, we will issue an additional invoice for such work, which must be paid within 7 days of issuance.
12.2 Company Termination
We reserve the right to terminate the Agreement or suspend services if:
- You fail to make payments as per the agreed terms.
- You breach these Terms, including misuse of our services or failure to provide required materials.
- You engage in unlawful or unethical conduct that impacts our ability to perform services.
Upon termination, we will deliver any completed work for which payment has been received.
13. Indemnification
You agree to indemnify, defend, and hold harmless Web App Marketing Sdn Bhd (1600388-U), its officers, employees, and affiliates from any claims, losses, damages, or liabilities (including legal fees) arising from:
- Your use of our services or deliverables.
- Any breach of these Terms or applicable laws.
- Any client-provided materials that infringe third-party rights.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising from these Terms or our services shall be resolved through binding arbitration in Kuala Lumpur, Malaysia, in accordance with the rules of the Asian International Arbitration Centre (AIAC). The arbitration shall be conducted in English, and the decision of the arbitrator(s) shall be final and binding.
15. Force Majeure
Web App Marketing Sdn Bhd (1600388-U) shall not be liable for any failure or delay in performing our obligations due to events beyond our reasonable control, including but not limited to natural disasters, war, strikes, government actions, or internet outages. In such cases, we will notify you and work to mitigate the impact on the project.
16. Data Protection
We comply with the Personal Data Protection Act 2010 (PDPA) of Malaysia and other applicable data protection laws. Any personal data provided by you will be processed, stored, and used solely for the purpose of delivering our services, unless otherwise agreed. You are responsible for obtaining consent for any personal data provided to us (e.g., customer data for marketing campaigns).
17. Amendments to Terms
We reserve the right to amend these Terms at any time without prior notice. The most current version will be posted on our website (https://manyproject.my). Your continued use of our services after changes are posted constitutes acceptance of the revised Terms.
18. Entire Agreement
These Terms, together with any signed Agreement or Proposal, constitute the entire agreement between you and Web App Marketing Sdn Bhd (1600388-U) and supersede any prior agreements, whether written or oral, relating to the same subject matter.
19. Contact Information
For inquiries, concerns, or notices regarding these Terms & Conditions, please contact us at:
Email: hello@manyproject.my
Web App Marketing Sdn Bhd (1600388-U)
