In these Terms & Conditions, the following terms have the meanings set out below:

• “Company”, “we”, “us”, “our” — Digital Vibe Resources (SSM No. 003589301-V), a registered business in Malaysia operating at https://digitalvibe.my
• “Client”, “you”, “your” — any individual, business, or organisation that engages our services or accesses our website
• “Services” — any work, deliverables, consultations, campaigns, or solutions provided by the Company as described in a Service Agreement, proposal, or invoice
• “Service Agreement” — any written proposal, contract, scope of work, or invoice issued by the Company and accepted by the Client
• “Deliverables” — any output produced by the Company as part of the Services, including but not limited to designs, content, reports, campaigns, code, and automations
• “Third-Party Platform” — any external platform, tool, or service used in connection with the Services, including TikTok, Facebook, Google, Instagram, WhatsApp, and any automation or software tool
• “Confidential Information” — any non-public business, financial, technical, or strategic information shared between the parties

Digital Vibe Resources is a Malaysia-registered digital solutions company (SSM No. 003589301-V) providing services including digital marketing, business automation, lead generation, AI-powered solutions, social media advertising, website design, social commerce strategy, and digital systems integration to businesses in Malaysia and the broader Southeast Asian region.

• Registered Name: Digital Vibe Resources
• SSM Registration No.: 003589301-V
• Website: https://digitalvibe.my
• Contact Email: hello@digitalvibe.my
• Country of Operation: Malaysia

The specific scope, deliverables, timelines, and fees for any engagement will be defined in a Service Agreement issued by the Company. Services are provided strictly as described in the agreed scope.

General descriptions of services on our website are for informational purposes only and do not constitute a binding commitment to deliver any specific outcome, feature, or result.

The success of any engagement depends on the Client fulfilling the following responsibilities in a timely manner:

• Providing accurate, complete, and up-to-date information required for the Services (including brand assets, login credentials, business details, and approvals)
• Responding to requests, feedback rounds, and approval requests within the timeframes specified in the Service Agreement
• Ensuring that all materials and information provided to the Company do not infringe any third-party intellectual property, privacy rights, or applicable law
• Granting the Company timely access to accounts, platforms, and tools necessary to perform the Services
• Ensuring that the Client’s own business operations, products, and advertising content comply with all applicable Malaysian laws and third-party platform policies
• Promptly notifying the Company of any changes to business information, strategy, or circumstances that may affect the Services

All quotes and proposals issued by the Company are valid for 14 calendar days from the date of issue, unless otherwise stated. After this period, the Company reserves the right to revise pricing or withdraw the proposal.

A Service Agreement is considered accepted when the Client provides written confirmation (including email confirmation or payment of a deposit). Verbal acceptance alone does not constitute a binding agreement.

All fees are quoted and payable in Malaysian Ringgit (MYR/RM) unless otherwise stated in writing.

• A deposit (as specified in the Service Agreement) is required before work commences
• Remaining balance is due upon completion or as per the milestone schedule agreed in writing
• Invoices are due for payment within 7 calendar days from the invoice date, unless otherwise stated
• For retainer or subscription-based services, payment is due on the agreed billing date each month

• Invoices unpaid beyond the due date will incur a late payment fee of 1.5% per month on the outstanding balance
• The Company reserves the right to suspend all active Services immediately if payment is overdue by more than 7 days
• The Company reserves the right to withhold delivery of final Deliverables until all outstanding payments are received in full
• Any costs incurred by the Company in recovering overdue payments (including legal fees) shall be borne by the Client

The number of revision rounds included in any project will be specified in the Service Agreement. Revisions are defined as minor amendments within the original agreed scope — not changes to direction, strategy, or concept.

• Revision requests must be submitted in writing (email or messaging platform) within the feedback window specified in the Service Agreement
• Revisions beyond the agreed number will be quoted and charged separately at the Company’s prevailing rates
• Requests to change the original concept, strategy, or scope after work has commenced will be treated as a new Change Request and will require a revised quote
• The Company is not responsible for delays caused by late or unclear feedback from the Client

The Client is required to review and approve all Deliverables within the timeframe specified in the Service Agreement.

Once a Deliverable has been approved (expressly or by deemed approval), the Company accepts no responsibility for errors or omissions subsequently identified by the Client. Any corrections following approval will be treated as a new Change Request.

The Company will use reasonable efforts to meet the timelines agreed in the Service Agreement. However, all timelines are estimates and are contingent on the Client fulfilling their responsibilities in a timely manner.

• Timelines commence only after the Company has received the agreed deposit and all required materials from the Client
• Delays caused by late Client feedback, missing materials, or change requests will extend the timeline by an equivalent period
• The Company will notify the Client if unforeseen circumstances are likely to affect the agreed timeline

Due to the nature of digital services, the following refund policy applies:

• Deposits are non-refundable once work has commenced, as they cover the Company’s time for planning, research, and initial work
• Payments made for completed milestones or delivered work are non-refundable
• Payments for advertising spend disbursed to third-party platforms (TikTok Ads, Facebook Ads, Google Ads, etc.) are non-refundable under any circumstances, as these are paid directly to the respective platform
• If the Company is unable to deliver the agreed Services due to reasons attributable solely to the Company, a partial refund proportional to the undelivered work may be considered at the Company’s discretion

The Client acknowledges and agrees that:

• The Company makes no guarantee of specific business outcomes, revenue increases, lead volumes, conversion rates, follower growth, or return on advertising spend
• Digital marketing, advertising, and automation results are influenced by market conditions, consumer behaviour, platform algorithms, competition, and Client-side factors entirely outside the Company’s control
• Any projections, estimates, or examples of past results shared by the Company are illustrative only and do not constitute a promise or guarantee of future performance
• Platform algorithm changes, policy updates, or account restrictions imposed by third-party platforms (including TikTok, Facebook, Google, or Instagram) may affect campaign performance at any time and are beyond the Company’s control
• Search engine rankings, organic reach, and social media visibility are determined by third-party platforms and cannot be guaranteed

Many of our Services involve the use of third-party platforms and tools. The Client acknowledges the following:

• The Company has no control over the policies, algorithms, terms of service, pricing, availability, or operational decisions of any third-party platform, including TikTok, Facebook, Instagram, Google, WhatsApp, or any automation tool
• Changes to third-party platform policies, features, or algorithms that affect the Services do not constitute a breach by the Company and do not entitle the Client to a refund or compensation
• Account suspensions, bans, or restrictions imposed by third-party platforms on the Client’s account — whether due to platform policy violations, Client conduct, or platform-side errors — are the sole responsibility of the Client and do not entitle the Client to a refund
• The Client is responsible for ensuring their own business, products, and advertising content comply with the terms of service of all relevant third-party platforms
• The Company is not liable for data breaches, outages, or service disruptions caused by third-party platform failures
• Third-party platform fees (advertising spend, software subscriptions, API fees) are the Client’s responsibility and are separate from the Company’s service fees unless explicitly included in a Service Agreement

Where the Company uses artificial intelligence (AI) tools as part of delivering its Services, the following terms apply:

• AI-generated content, insights, or recommendations are produced with human oversight and professional judgement applied by the Company, but the Client acknowledges that AI outputs may contain inaccuracies, errors, or limitations
• The Client is responsible for reviewing and approving all AI-assisted content before publication or use
• The Company does not guarantee that AI-generated outputs will be free from errors, bias, or inaccuracies, and the Company is not liable for any loss arising from the Client’s reliance on unreviewed AI-generated content
• AI tools and their underlying models are operated by third-party providers whose terms and policies may change. The Company is not responsible for changes to AI tool capabilities or availability
• The use of AI in delivering services does not reduce the professional standard of care owed by the Company to the Client

All methodologies, frameworks, tools, templates, systems, and pre-existing intellectual property owned by the Company prior to or developed independently of the engagement remain the exclusive property of the Company, regardless of their use in delivering the Services.

All brand assets, content, and materials provided by the Client remain the Client’s property. The Client grants the Company a non-exclusive licence to use these materials solely for the purpose of delivering the agreed Services.

Upon receipt of full payment, ownership of Deliverables specifically created for the Client under the Service Agreement transfers to the Client. Prior to full payment, all Deliverables remain the property of the Company and must not be used by the Client.

• The Client warrants that all materials provided to the Company are owned by the Client or that the Client has the right to use them
• The Client indemnifies the Company against any claims arising from the use of Client-provided materials that infringe third-party intellectual property rights

Both parties agree to maintain the confidentiality of any non-public information shared during the course of the engagement, including but not limited to business strategies, financial information, client data, technical processes, and proprietary tools.

• Neither party shall disclose the other’s Confidential Information to any third party without prior written consent
• Confidential Information shall not be used for any purpose other than fulfilling obligations under the Service Agreement
• This obligation of confidentiality survives termination of any Service Agreement for a period of 2 years
• The confidentiality obligation does not apply to information that is already publicly known, independently developed, or required to be disclosed by law

Both parties agree to comply with the Personal Data Protection Act 2010 (PDPA) of Malaysia in their respective handling of personal data.

• Where the Client shares personal data of third parties (including their own customers) with the Company for the purpose of delivering Services, the Client warrants that it has the legal right to share such data and that doing so complies with applicable law
• The Company will process personal data provided by the Client only for the purpose of delivering the agreed Services
• The Client is solely responsible for obtaining all necessary consents from their own customers or users before sharing their personal data with the Company
• In the event of a data security incident involving Client data held by the Company, the Company will notify the Client promptly and take reasonable steps to contain the incident

Either party may terminate an ongoing service engagement by providing written notice as specified in the Service Agreement (or a minimum of 30 days’ written notice if not otherwise specified).

The Company may terminate services immediately and without prior notice if:

• The Client fails to make payment within 14 days of the due date
• The Client engages in abusive, threatening, or unlawful conduct toward the Company’s team
• The Client requests the Company to produce content or engage in activities that violate any law, platform policy, or these Terms
• The Client provides materially false or misleading information in connection with the Services
• The Client becomes insolvent, enters bankruptcy proceedings, or ceases to operate

• All fees for work completed up to the termination date become immediately due and payable
• The Client forfeits any deposit paid for work not yet commenced
• Deliverables produced up to the termination date remain the property of the Company until all outstanding fees are paid
• Both parties remain bound by confidentiality obligations following termination

The Company shall not be held liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to:

• Natural disasters, pandemics, or public health emergencies
• Government actions, regulations, or restrictions
• Internet or telecommunications outages
• Third-party platform outages, policy changes, or service disruptions
• Cyberattacks or data breaches affecting the Company’s operations
• Power failures or infrastructure disruptions
• Any other event outside the Company’s reasonable control

In the event of a Force Majeure situation, the Company will notify the Client as soon as reasonably possible and will resume performance of its obligations as soon as the Force Majeure event has passed or been resolved.

To the fullest extent permitted by Malaysian law:

• The Company’s total cumulative liability to the Client — for any and all claims arising from or in connection with the Services — shall not exceed the total fees paid by the Client for the specific engagement giving rise to the claim, in the 12 months preceding the claim
• The Company is not liable for any indirect, consequential, special, incidental, or punitive damages, including but not limited to: loss of profits, loss of revenue, loss of business, loss of data, loss of reputation, or loss of opportunity — even if advised of the possibility of such damages
• The Company is not liable for losses arising from the Client’s own decisions, actions, or inactions based on the Company’s advice or Deliverables
• The Company is not liable for losses arising from the actions or omissions of any third-party platform, tool, or service provider
• The Company provides its website and all information thereon “as is” with no warranty of accuracy, completeness, or fitness for a particular purpose

The Client agrees to fully indemnify, defend, and hold harmless Digital Vibe Resources and its directors, officers, employees, contractors, and agents from and against all claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from:

• The Client’s breach of these Terms & Conditions
• The Client’s violation of any third-party rights, including intellectual property rights or privacy rights
• The Client’s violation of any applicable law or third-party platform terms of service
• Any materials, information, or instructions provided by the Client that are inaccurate, misleading, unlawful, or infringe third-party rights
• The Client’s use or misuse of any Deliverable produced by the Company
• Any claim by the Client’s own customers or users arising from the Client’s business operations

During any active service engagement and for a period of 12 months following its conclusion, the Client agrees not to:

• Directly or indirectly solicit, recruit, or employ any current or former employee, contractor, or consultant of the Company who was involved in delivering the Client’s Services
• Encourage any such person to leave the Company or reduce their engagement with the Company

Unless the Client provides written notice requesting otherwise, the Company reserves the right to:

• Include Deliverables produced for the Client in the Company’s portfolio, case studies, and marketing materials
• Reference the Client’s business name and the nature of the Services provided in marketing content
• Share anonymised or aggregated performance data from campaigns as examples of past work

The Company will not disclose confidential business information, financial details, or sensitive data in any portfolio or marketing content. If the Client requires portfolio exclusion, written notice must be provided before the Service Agreement is signed.

The parties agree to attempt to resolve any dispute arising from these Terms or the Services through the following process before initiating legal proceedings:

• Step 1 — Direct Negotiation: The aggrieved party shall notify the other in writing, describing the dispute in reasonable detail. Both parties shall attempt to resolve the dispute through good-faith discussions within 14 calendar days of the notice
• Step 2 — Mediation: If direct negotiation fails, either party may refer the dispute to mediation. The parties shall agree on a mediator within 7 days; failing agreement, either party may apply to the Malaysian Mediation Centre for appointment of a mediator
• Step 3 — Legal Proceedings: If mediation fails or is declined, either party may pursue the matter through the courts of Malaysia

These Terms, together with any signed Service Agreement, constitute the entire agreement between the parties with respect to the Services and supersede all prior discussions, representations, or agreements, whether written or verbal.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions shall continue in full force and effect.

The Company’s failure to enforce any provision of these Terms on any occasion does not constitute a waiver of that provision or the Company’s right to enforce it on future occasions.

The Company reserves the right to amend these Terms at any time. Amendments will be published on this page with an updated “Last Updated” date. For active service engagements, material amendments will be notified to the Client in writing.

The Client may not assign or transfer any rights or obligations under these Terms without the Company’s prior written consent. The Company may assign its rights and obligations to any successor entity in the event of a business restructure or acquisition.