1. Acceptance of Terms

By paying an invoice or deposit, approving a quotation or proposal, instructing Desite Creation to commence work, providing project materials or account access, or continuing to receive or use the Services after receiving these Terms, the Client confirms that they have read, understood and agreed to be legally bound by these Terms, whether or not a separate agreement has been signed.

2. Services Covered

These Terms apply to all services provided by Desite Creation, including digital marketing and advertising, social media and Meta platform services, website design, development and maintenance, content creation, AI chatbot and automation services, SyokChat services, consulting, technical support and other digital services.

The applicable quotation, proposal, invoice, service agreement or written confirmation will state the specific scope, price, timeline and deliverables. If there is a conflict, the specific written project document takes priority over these general Terms for that project.

3. Client Instructions and Approvals

The Client shall provide accurate information, materials, approvals, feedback and required account access within a reasonable time. The Client is responsible for reviewing and approving content, designs, campaigns, AI knowledge bases, configurations and deliverables before publication or deployment.

Client-caused delays may affect delivery dates and do not constitute a breach by Desite Creation. Work outside the agreed scope may require additional fees and a revised timeline.

4. Fees and Payment

Service fees, deposits, payment schedules and applicable third-party costs will be stated in the relevant quotation, proposal or invoice. Payments must be made by the stated due date. Deposits and advance payments secure project scheduling and commencement.

Desite Creation may suspend work, support, access or delivery where payment is overdue. The Client remains responsible for work completed and non-cancellable commitments made for the project. A complaint does not automatically suspend payment of undisputed amounts.

5. Refunds and Cancellations

Once work has commenced, service fees are generally non-refundable because time, resources and project capacity have been allocated. If the Client cancels or terminates a service, the Client remains responsible for completed work, committed resources, approved deliverables, non-cancellable third-party costs and outstanding amounts under the applicable project agreement.

If work has not commenced and no cost has been incurred, any refund will be considered according to the circumstances and applicable written agreement. Nothing in these Terms excludes any consumer right or remedy that cannot lawfully be excluded under Malaysian law.

6. Advertising Budget and Third-Party Charges

Advertising spend is paid directly by the Client to Meta, Google or the relevant platform unless expressly agreed otherwise in writing. Desite Creation does not own or hold the Client’s advertising funds.

The Client is responsible for advertising balances, billing notifications and payment methods. Desite Creation is not responsible for insufficient balance, rejected or expired payment methods, platform billing errors, unauthorised platform charges, bank charges or campaign interruptions caused by payment failure.

7. No Guarantee of Results

Marketing, advertising, SEO, social media, AI, website and consulting results depend on factors outside Desite Creation’s reasonable control, including market conditions, competition, platform algorithms, customer demand, audience behaviour and the Client’s products, pricing, response time, sales process and operations.

No specific number of enquiries, leads, followers, rankings, conversions, sales, revenue, return on investment, reach or engagement is guaranteed. Forecasts, estimates and targets are for planning purposes only.

8. Third-Party Platforms

Desite Creation does not own or control Meta, Facebook, Instagram, WhatsApp, Google, Shopify, Telegram, hosting providers, domain registrars, payment gateways, APIs or other third-party platforms.

We are not responsible for restrictions, suspensions, rejections, bans, outages, bugs, policy changes, API changes, permission loss or other third-party actions. Where reasonably possible, we may assist with troubleshooting or appeals, but recovery or reinstatement is not guaranteed.

9. Partner Access and Replacement Access

Where supported by the relevant platform, Desite Creation will normally access the Client’s digital assets through partner, task-based or other limited access required to provide the Services. Ownership and ultimate administrative control of the Client’s Business Portfolio, Pages, Ad Accounts and other assets remain with the Client.

The Client is responsible for maintaining at least two verified and active individuals with full administrative control, enabling Two-Factor Authentication and keeping sufficient authority to grant, replace or revoke access.

If Meta or another third-party platform restricts, suspends or disables a profile, partner account or permission used by Desite Creation, the Client may be required to remove the affected access and invite another authorised profile or partner account nominated by Desite Creation. Desite Creation will provide replacement access details within a reasonable time after becoming aware of the restriction, and the Client shall reasonably cooperate by issuing and approving the required invitations.

Any interruption caused by a third-party platform restriction, or by a delay in granting replacement access, is outside Desite Creation’s reasonable control and does not by itself constitute a breach of the Services, except to the extent directly caused by Desite Creation’s proven wilful misconduct or failure to exercise reasonable care.

10. Client Accounts and Security

The Client is responsible for securing all accounts, devices, passwords, payment methods and recovery information. The Client should use authentic policy-compliant accounts, enable Two-Factor Authentication, maintain more than one authorised administrator where possible, restrict access to trusted persons and keep recovery details current.

Desite Creation is not liable for hacking, unauthorised access or loss caused by the Client’s devices, credentials, personnel or third-party systems, except to the extent directly caused by Desite Creation’s proven failure to exercise reasonable care.

11. Client Content and Legal Responsibility

The Client is responsible for all products, services, prices, claims, offers, images, trademarks, customer lists, instructions and materials supplied or approved by the Client. The Client confirms that they have the required rights and permissions and that such materials do not violate applicable law, intellectual property rights or platform policies.

Desite Creation may refuse, suspend or remove content that appears unlawful, misleading, infringing, unsafe or contrary to platform policies. To the extent permitted by law, the Client is responsible for claims or losses arising from materials, instructions or business activities supplied or approved by the Client.

12. AI and Automation Services

AI-generated responses and automated workflows may occasionally be incomplete, inaccurate or unsuitable. The Client must provide accurate training information, review AI configurations and responses, monitor automated conversations, maintain appropriate human supervision and correct outdated information.

AI output must not be treated as professional medical, legal, financial or other regulated advice. Desite Creation is not responsible for losses caused by inaccurate Client-supplied information, misuse of AI output or failure to maintain reasonable human oversight.

13. Websites, Hosting and Maintenance

Website performance may depend on hosting providers, plugins, themes, browsers, devices, integrations and software updates. Unless expressly included in the agreed scope, ongoing maintenance, updates, security monitoring, backups, hosting, domain renewal and third-party subscriptions are not included after project completion.

The Client is responsible for renewing domains, hosting, licences and subscriptions registered in the Client’s name.

14. Intellectual Property

The Client retains ownership of materials originally supplied by the Client. After full payment, the Client receives the rights expressly agreed for the final approved deliverables.

Desite Creation retains ownership of pre-existing materials, reusable components, templates, frameworks, internal tools, source components not expressly included, strategies, processes, working methods, automation structures, unused concepts and rejected designs. No ownership or licence is transferred until all applicable fees are paid. Third-party assets remain subject to their respective licence terms.

15. Portfolio Use

Unless the Client requests confidentiality in writing, Desite Creation may display publicly released work, the Client’s name, logo and a non-confidential project description in its portfolio, website, social media and marketing materials. Confidential information, private account data and unpublished business information will not be intentionally disclosed.

16. Confidentiality and Personal Data

Both parties shall take reasonable steps to protect confidential business information, credentials and non-public materials received during the engagement. Personal data will be handled according to Desite Creation’s Privacy Policy and applicable Malaysian personal-data requirements.

The Client shall not provide unnecessary sensitive personal data and must ensure that personal data supplied to Desite Creation has been collected and shared lawfully.

17. Suspension and Termination

Either party may terminate an ongoing service by giving at least fourteen (14) days’ written notice unless a different period is stated in the relevant agreement.

Desite Creation may immediately suspend or terminate a service if payment is overdue, unlawful or prohibited activity is requested, continued work creates a security or legal risk, personnel are abused or threatened, required cooperation is not provided, or a third-party platform prevents delivery.

Termination does not remove the Client’s obligation to pay for completed work, committed resources or non-cancellable costs. Each party shall reasonably cooperate with access removal or transfer, subject to full payment and technical limitations.

18. Limitation of Liability

To the maximum extent permitted by law, Desite Creation shall not be liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, opportunity, goodwill, data or anticipated savings.

Desite Creation’s total aggregate liability arising from a particular service shall not exceed the service fees actually paid to Desite Creation for that relevant service during the six (6) months preceding the event giving rise to the claim. This limitation does not apply to liability that cannot lawfully be excluded or limited.

19. Force Majeure

Desite Creation is not responsible for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, internet or telecommunications failures, government action, cyber incidents, third-party platform outages, API discontinuation, labour disruption or major technical failures. We will take reasonable steps to resume affected services where practical.

20. Communications and Notices

Email, WhatsApp messages, electronic documents and other recorded digital communications may constitute written instructions, approvals and notices. The Client is responsible for keeping contact information current. Formal notices may be sent using the contact details stated on the relevant invoice, quotation, agreement or official Desite Creation website.

21. Contractors and Service Providers

Desite Creation may use employees, contractors, software providers, hosting providers and other suppliers to deliver the Services. Desite Creation remains responsible for managing its appointed personnel within the agreed scope, subject to the limitations concerning independent third-party platforms.

22. Changes to These Terms

Desite Creation may update these Terms from time to time. Material changes affecting an active ongoing service will be communicated through reasonable written notice. Continued use of the Services after the effective date may constitute acceptance of the revised Terms.

Changes will not be applied retrospectively to remove rights already accrued unless agreed or permitted by law.

23. Governing Law and Disputes

These Terms are governed by the laws of Malaysia. The parties shall first attempt to resolve any dispute through good-faith written negotiation for thirty (30) days.

If unresolved, the dispute shall be submitted to the jurisdiction of the Malaysian courts, subject to any mandatory consumer rights or dispute procedures applicable by law.

24. General Provisions

If any provision is found invalid or unenforceable, the remaining provisions continue in effect. Failure to enforce a provision immediately does not constitute a waiver.

These Terms, together with the relevant quotation, proposal, invoice, service agreement and written project confirmation, form the agreement between the parties concerning the applicable Services.