Ads Service Terms & Conditions

Last updated: 11 February 2020

Parties

Vendee hereinafter referred to as “You” or “Client”. Vendor, FiveDot SDN BHD, a Malaysia Limited Liability (Sendirian Berhad or SDN BHD) Company hereinafter referred to as “FiveDot”, “Our”, “Us” or “We” who solely owned https://www.fivedot.com.my and any subpages (“Site”).

This Ads Service Terms (“Terms”) is hereby entered into between the Client(s) and applies to the purchase of Ads Management Services conducted on, including but not limited to Facebook, Instagram, Google, and YouTube, (hereinafter collectively referred to as “Services” or “Ads Service”) ordered by Client.

Electronic Consent

In lieu of this electronic “Terms & Conditions”, you have a right to request a paper copy of these “Terms & Conditions” before signing up. If you want a paper copy, please talk to one of our sales representatives and we will send you a paper copy via email, mail or fax.

Terms and Conditions

1) STANDARD TERMS AND CONDITIONS: These are the standard terms and conditions for all the Ads Service including the management of advertising campaign conducted on Facebook, Instagram, Google, and other platforms, and apply to all contracts and all work was undertaken by FiveDot SDN BHD for its clients. Any contradict terms against the standard terms and conditions are enforceable subject to the agreement between both parties which must be put down in writing and signed by both parties.

2) OUR FEES AND DEPOSITS: As a general rule, clients are required to pay in full in order for us to start working on the client’s project. Any budget to be spent on the Ads Service should be paid in advance on a monthly basis. The Setup Fee (if applicable) is payable in full before the setup of the client’s advertising campaign. However, due to some exceptional circumstances, we do allow progressive payment subject to the approval of our management. FiveDot reserves the right to stop managing the advertising campaign if the client failed to make the monthly payment in advance or within the agreed payment terms.

3) TAX: The tax incurred, including but not limited to the Digital Tax, on the advertising budget should be borne by the client. The tax will be clearly written in the invoice or through any other written means to notify the client before the payment is made to FiveDot. The tax incur on the advertising budget will be subject to the total advertising budget for the given campaign and FiveDot will only charge accordingly and pay the tax to the advertising service provider, including but not limited to Facebook, Inc. and Google, Inc., on behalf of the client.

4) REFUND POLICY: We work sincerely & dedicatedly to satisfy you. If you are still not pleased with our work, our refund policy works as below:

  • 50% deposit would be refunded with reasonable deduction if requested by the vendee within 7 calendar days from the date of order, provided that a reasonable justification in support of the said refund is given by vendee.
  • Refund not applicable for any delays out of our control.
  • Refund not applicable once the fees are spent & paid to the Ads Service provider, including but not limited to Facebook, Inc. & Google, Inc.
  • Refund not applicable on any fee paid to external parties as part of the project delivery.

5) SUPPLY OF MATERIALS: You must supply all materials and information required by us to complete the work in accordance with the agreed specification. Such materials may include but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.

6) AD CAMPAIGN BUDGET & AMENDMENT: Any specific Ad Spend budget per month must be confirmed to FiveDot prior to the signing of this contract. The Client must not adjust or alter the advertising campaigns unless previously discussed and approved by FiveDot. FiveDot will not be responsible for any effect on the performance of the result if the client has conducted an amendment on the digital assets involved with the ads campaign, which include but not limited to the website, Facebook Page, Instagram Page, and YouTube account.

7) AD CAMPAIGN PERFORMANCE: FiveDot will endeavour to help the Client obtain the Client’s online advertising goals by providing the Client with advice, information and technical support in relation to the Ads Service. FiveDot does not guarantee any particular rate of return or performance of any online advertising conducted (including but not limited to any particular ads metrics). FiveDot cannot be held responsible for commercial outcomes which are associated with the advertising campaign.

8) FORECAST: All forecast metrics provided to the client are based on the forecasted information provided by the Ads Service provider and based on the past data collected by FiveDot to provide a forecasted result for the advertising campaign. We cannot guarantee results based on the forecasted results or metrics provided.

9) PERMISSION: By agreeing to this document, you agreed to give FiveDot permission to access your account involving the Ads Service, including but not limited to the website, Facebook Page, Instagram Page, and YouTube accounts for the purposes of optimisation and management of your online ads campaign. To successfully carry out the work involved to deliver the Ads Service, FiveDot might need to access other digital assets that might not be directly involving the Ads Service provided to carry out optimization in order to best deliver the result of the ads campaign.

10) AMENDMENT OF ASSETS: FiveDot may need to edit your website or social media page or any other digital assets involved in delivering the Ads Service in order to carry out the work. This includes but not limited to the amendment of content, design, and structure of your digital assets. We are pleased to offer you the opportunity to make a revision on the amendment we made. However, we have the right to limit the number of revision to a reasonable amount and may charge for an additional amendment requested by the client. FiveDot is not responsible for changes made to the client’s website(s) by other parties.

11) ADDITIONAL SERVICES: Additional services not listed herein or in the proposal will be provided for up to MYR150.00 per hour. FiveDot is not responsible for the client’s (and/or third party) overwriting the work completed to the client’s digital assets. The client will be charged an additional fee for re-constructing the work based on the hourly rate of up to MYR150.00 per hour.

12) ADDITIONAL COSTS: The Client agrees to reimburse FiveDot for any requested expenses which do not form part of our contracted proposal including but not limited to making landing pages, designing graphical ads, purchase of third-party software, stock photographs, fonts, domain name registration, web hosting or any other comparable expenses. These extra add-ons have to be paid by the due date as specified on the invoice.

13) VARIATIONS: We are pleased to offer you the opportunity to make revisions to the design or the work involved in creating the ads. However, we have the right to limit the number of revision proposals to a reasonable amount and may charge for additional revision if you make a change to the original specification. Any major deviation from the specification will be charged at the rate of MYR150 per hour.

14) PROJECT DELAYS AND CLIENT LIABILITY: Any time frames or estimation that we give are contingent upon your full cooperation along with complete and final content for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. We will not be responsible if the project remains largely unfinished or is delayed, due to your own inaction, or by not approving the work on time.

15) APPROVAL OF WORK: Upon completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and any balance of the project price will become due.

16) REJECTED WORK: If you reject any of our work within the 7-day review period and not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as complete and take measures to recover payment for the contracted work.

17) CANCELLATION OF SERVICE: The client can write-in to FiveDot to cancel the Ads Service. Upon cancelling our Ads Service, all amounts owing to FiveDot will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation. There will be no prorated refunds on the monthly Management Fees already paid. Advertising budgets that are not spent will be refunded in full to the client.

18) CONSEQUENTIAL LOSS: We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

19) CONFIDENTIALITY: The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, FiveDot and the client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.

20) LIMITED LIABILITY: In no event shall the vendor be liable to the vendee for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, loss of profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. There shall be no refunds. FiveDot makes no warranty of any kind, whether express or implied, with regard to any third-party products, third party content or any software, equipment, or hardware obtained from third parties.

21) DISCLAIMER: Notwithstanding anything to the contrary contained in this contract, neither FiveDot nor any of its employees or agents, warrant that the functions contained in the Ads Service will be uninterrupted or error-free. In no event will FiveDot or its owners or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if FiveDot SDN BHD has been advised of the possibility of such damages.

22) ASSIGNMENT: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

23) RIGHT OF REFUSAL: FiveDot reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behaviour, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.

24) GOVERNING LAW: Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into the Law of Malaysia. Any dispute will be litigated or arbitrated to the Law of Malaysia.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.

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If you have any questions or concerns about our use of your personal information, please contact us using the following details: [email protected].

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