The following Terms and Conditions of Service (“Terms”) apply to all products and services provided by MediaPlus Digital Sdn Bhd to its clients (each, a “Client”).
By using our services and/or purchasing our products and services, the Client agrees that it is in agreement with and legally bound by these Terms and our Privacy Policy as modified from time to time.
MediaPlus Digital Sdn Bhd requires that a web design mockup/template is approved by the Client before coding of a site commences. Once the design mockup/template(s) for the website is/are approved by the Client, coding will commence; any subsequent changes to navigation items, colours, structure or content that require changes to the template may incur additional charges.
Once web design and development is complete, MediaPlus Digital Sdn Bhd will provide the Client with the opportunity to review the resulting work. MediaPlus Digital Sdn Bhd will provide one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include minor textual changes and minimal adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes are to be notified to MediaPlus Digital Sdn Bhd in writing via e-mail or in the WhatsApp group chat if any.
Any indication given by MediaPlus Digital Sdn Bhd of a design project’s duration is to be considered by the Client to be an estimate. The Client shall provide timely response and approval to MediaPlus Digital Sdn Bhd to ensure that any estimated or indicative delivery date may be met. MediaPlus Digital Sdn Bhd cannot be held responsible for any project over-runs or delays, whatever the cause, and shall not be deemed in breach of these Terms for any missed estimated delivery date. Estimated project duration should be deemed to commence from the date that the relevant initial payment (i.e. a 50% non-refundable deposit or 50% advance payment, as the case may be) is received by MediaPlus Digital Sdn Bhd in cleared funds or a date otherwise confirmed in writing by MediaPlus Digital Sdn Bhd.
The Client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design may be liable to a separate charge and change in timeline and that MediaPlus Digital Sdn Bhd is not bound to implement any such required changes unless and until the additional charge and change in timeline has been agreed to between the parties.
The Client also agrees that MediaPlus Digital Sdn Bhd holds no responsibility for any amendments made by any third party, before or after a design is published.
12-month web maintenance packages for all projects developed and “Live” by MediaPlus Digital Sdn Bhd start from the “Live” date and are strictly limited to de-conflicting and debugging tech issues within the website, and updating and upgrading the versions of the website to keep the website up to date.
Content update and creation of artwork can be included if the scope of update is within the current features and functionality of the website.
Man hours will be prorated based on package signed and amount paid.
All tasks will utilize a minimum of 30 minutes each.
Unutilised man hours will be forfeited upon expiry of the web maintenance period as indicated in the quotation or invoice or Service Agreement entered into between MediaPlus Digital Sdn Bhd and the Client.
The Client can choose to have an early renewal or take on monthly ad-hoc top-ups if the man hours are exhausted prior to the end of the web maintenance period.
Half-yearly activity and update reports will be generated for the Client’s reference. Reports will include records of man hours used and balance man hours left in the package.
Enhancement of capabilities and features of the website will be charged as additional scope of work.
12-month web maintenance packages are payable on a yearly arrangement unless agreed otherwise by both MediaPlus Digital Sdn Bhd and the Client.
A minimum of 1–3 business days lead time, depending on the scope of works, is needed for the requested updates to take place.
| Category | Description | Timeframe |
|---|---|---|
| Time-sensitive (High priority) |
|
1-5 hours (+3 hours as a contingency) |
| Planned content changes (Medium priority) |
|
1-3 business days |
| Added functionality request (Low priority) | Out-of-scope functionality needs to be added onto the site | 3 business days |
| Security & critical updates | Update of security and critical updates | 2-3 business days |
The Client shall submit any request for web maintenance tasks via email to techsupport@mediaplus.com.sg.
MediaPlus Digital Sdn Bhd provides a system warranty covering defects in its development work, including bugs, security vulnerabilities, and system crashes, from the project launch date for the following periods.
| Project Type/Value | Warranty Period | Coverage Start Date |
|---|---|---|
| Ad-hoc Updates (ASOW)* | 30 days | Project Goes Live date |
| Projects under RM9,000 (excluding ASOW) | 30 days | Project Goes Live date |
| Projects RM9,000 - RM23,999 (excluding ASOW) | 90 days | Project Goes Live date |
| Projects RM24,000 and above (excluding ASOW) | 180 days | Project Goes Live date |
*ASOW = Additional Scope of Work
Alternative system warranty periods may vary from standard terms only when specifically stated in this proposal.
Our system warranty covers technical defects arising from our development work only. Content updates, design modifications, and functionality changes are excluded.
This system warranty shall be immediately voided if the delivered system is modified, altered, or changed by the Client or any third party after launch, including but not limited to:
1.5.1 Installation of third-party software, plugins, or code.
1.5.2 Modifications to our developed code, scripts, APIs, or databases.
1.5.3 Hosting, server, or platform changes not performed by us.
Upon the expiry of the system warranty period, MediaPlus Digital Sdn Bhd’s login credentials to the Client’s system will only be removed upon the Client’s written request.
We are not responsible for issues caused by client hosting environments, third-party integrations, client-uploaded content, traffic exceeding documented limits, or external security threats.
Defects will be resolved at no charge during standard business hours. The Client must promptly notify us at techsupport@mediaplus.com.sg and provide reasonable cooperation for diagnosis and resolution.
MediaPlus Digital Sdn Bhd’s total aggregate liability under this warranty shall be limited to the original development fees paid by the Client for the specific project. MediaPlus Digital Sdn Bhd shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, or business interruption, arising from or in connection with the system or this warranty.
AI Chatbot Services are excluded from the system warranty provisions under Section 6. Any availability, accuracy, or performance obligations are limited to those provided by the underlying AI model or infrastructure provider. For the avoidance of doubt, AI Chatbot Services (see Section 2) are excluded from this system warranty.
MediaPlus Digital Sdn Bhd offers a limited in-house hosting service through an outsourced virtual server. MediaPlus Digital Sdn Bhd does not guarantee, represent or warrant continuous service and will accept no liability for loss of service or inaccessibility, whatever the cause. MediaPlus Digital Sdn Bhd may request that its Clients change the type of hosting account currently used if that account is deemed by MediaPlus Digital Sdn Bhd to be unacceptable due to reasons including but not limited to poor service, lack of bandwidth or where such account is in any other way insufficient to support the website. Fees for hosting on MediaPlus Digital Sdn Bhd’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third-party hosting organisations are the responsibility of the Client and MediaPlus Digital Sdn Bhd is not liable for the payment of such fees, nor for the renewal of domain names, which are the sole responsibility of the Client/domain owner.
Should the Client face any issues with its website pertaining to its hosting with MediaPlus Digital Sdn Bhd (i.e., connectivity, security, data backup, data/email migration, etc.), the Client can submit its requests via email to hostingsupport@mediaplus.com.sg.
A dedicated tech support team from MediaPlus Digital Sdn Bhd will respond to the Client’s request within 1 business day.
MediaPlus Digital Sdn Bhd cannot guarantee the availability of any domain name requested by the Client. Where MediaPlus Digital Sdn Bhd is asked to register a domain name on behalf of a Client, it will use reasonable endeavours to do so but the Client should not assume a successful registration and MediaPlus Digital Sdn Bhd shall not be responsible for any unsuccessful registration due to unavailability.
The Client agrees to allow MediaPlus Digital Sdn Bhd all necessary access to computer systems, as required, in order to complete a website project and until all payments due are cleared, including the necessary read/write permissions, usernames and passwords. The Client also agrees to allow MediaPlus Digital Sdn Bhd access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms.
The Client agrees to supply MediaPlus Digital Sdn Bhd with all necessary materials, information and documentation, electronic or otherwise, required to create and complete the project, and to supply them in a timely manner. MediaPlus Digital Sdn Bhd shall rely on, and the Client represents and warrants, and shall be liable to MediaPlus Digital Sdn Bhd for the accuracy, correctness, completeness and reliability of such materials, information and documentation. MediaPlus Digital Sdn Bhd shall not be responsible for any delays or changes in the project in the event the Client does not provide such materials, information or documentation in a timely manner.
The AI model and version specified in the signed Scope of Work shall be the sole model used for the project. Substitution with other models or versions requires prior written agreement and may incur revised fees.
Token usage, whether explicitly itemised or not, shall be capped at the token allowance specified in the agreed AI Plan or the total project value, whichever is lower.
Training for additional languages not specified in the Scope of Work (e.g., Chinese, Bahasa) is considered out of scope and may incur additional charges.
Integration with external systems (including but not limited to CRM, CMS, or Student Information Systems) is excluded unless expressly stated in the Scope of Work. Such integrations may be billable separately.
Features such as voice or telephony integration are excluded unless otherwise agreed in writing and may be billable separately.
MPD will conduct a pre-launch risk briefing with the Client covering Generative AI considerations including accuracy, bias, privacy, and intellectual property.
Chatbot training will use only Client-approved documents.
Personal data (e.g., name, email, phone number) will only be collected with explicit consent and securely stored. Personal data will not be used to train the base model.
The solution will be designed to support Malaysia PDPA and, where relevant, GDPR compliance.
Deployment shall be on secure cloud infrastructure. Optional vulnerability testing may be provided at additional cost.
Annual maintenance fees as quoted for AI Plans apply for the first year (optional from the second year onwards).
Renewal rates for subsequent years will be subject to review at the end of Year 1 based on query usage and updated.
All payment for SEO packages are payable on monthly, quarterly, half-yearly and yearly basis, unless specifically agreed and stated in the signed quotation or Service Agreement entered into between MediaPlus Digital Sdn Bhd and the Client.
There will be NO changes in keyword selection once the SEO project commences. Change requests can be made during the renewal period or after 6 months from campaign start date and are subject to review by MediaPlus Digital Sdn Bhd.
All additional keyword requirements or changes in keywords may be separately chargeable after project commencement.
Any alterations that differ from the initial agreed campaign may result in delays and changes to the projected timeline as initially agreed. MediaPlus Digital Sdn Bhd will not be responsible for any such delay or change.
MediaPlus Digital Sdn Bhd reserves the right to reject any add-on requests and/or amendments after project approval and commencement.
Due to the infinite number of considerations that search engines use when determining a site’s ranking, MediaPlus Digital Sdn Bhd cannot guarantee any particular placement and provides no representation, warranty or undertaking that the eventual placement will meet any performance standard or be error free.
MediaPlus Digital Sdn Bhd will not be accountable for result fluctuations due to changes in search engine algorithms.
MediaPlus Digital Sdn Bhd will not be liable for any losses and/or potential losses caused directly or indirectly by campaign result fluctuations during the duration of the campaign.
All payments for SEM services are payable on monthly, quarterly, half-yearly and yearly basis, unless specifically agreed and stated in the signed quotation or Service Agreement entered into between MediaPlus Digital Sdn Bhd and the Client.
MediaPlus Digital Sdn Bhd will not be accountable for result fluctuations due to changes in search engine algorithms.
MediaPlus Digital Sdn Bhd will not be liable for any losses and/or potential losses caused directly or indirectly by campaign result fluctuations during the duration of the campaign.
All cancellations will have to be in writing and requested with at least 1 month’s notice prior to the cancellation date.
MediaPlus Digital Sdn Bhd reserves the right to invoice for the full campaign amount in the event of abrupt cancellation by the Client.
The Client is allowed to pause the SEM project for a maximum of 7 days for every 3-month campaign period, upon request in writing. Subsequent requests will incur an extra fee of RM899.00.
In the event that there has been a delay in the payment for the SEM project, MediaPlus Digital Sdn Bhd will have the full discretion to pause the project until the payment is received.
The Client is allowed to pause the SMA campaign for a maximum of 7 days for every 3-month campaign period, upon request in writing. Subsequent requests will incur an extra fee of RM899.00.
In the event that there has been a delay in the payment for the SMA campaign, MediaPlus Digital Sdn Bhd will have the full discretion to pause the project until the payment is received.
At the time of proposal, MediaPlus Digital Sdn Bhd will provide the Client with a Service Agreement or quotation. A copy of the Service Agreement or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to MediaPlus Digital Sdn Bhd. Alternatively, the Client may send an official purchase order in reply to the Service Agreement or quotation, indicating its agreement to these Terms. No work on a project will commence until acceptance of the Service Agreement or quotation, and agreement to these Terms, have been received by MediaPlus Digital Sdn Bhd in a form satisfactory to it.
5.1.1 First Payment 50% Deposit – Due upfront.
A non-refundable deposit of 50% of the total project fee is due upfront and payable before the commencement of any work. This deposit secures the project and covers initial setup, design, and development of the core site structure.
5.1.2 Final Payment 50% – Due before website goes live.
The remaining 50% of the total project fee is due and payable prior to the website’s public launch. MediaPlus Digital Sdn Bhd will only launch the website upon receipt of this final payment. Note: Progress coverage is subject to change based on different web packages.
5.2.1 100% full payment before commencement of the web maintenance and tech support package.
5.3.1 Setup Fee 100% – Due upfront.
This covers initial strategic planning and technical setup, including research, audits, account access/setup, tracking implementation, and preparation of content or campaign plans where applicable.
5.3.2 Management Fee 50% Deposit – Due upfront.
Covers the first half of the service period, including campaign/content rollout, platform management, performance monitoring, and reporting. Full payment is collected if the duration is 3 months or less.
5.3.3 Remaining 50% – Due at the halfway mark of the service period.
Covers continued optimisation, A/B testing (if applicable), reporting, and next-phase planning.
*Progress coverage is subject to change based on different digital marketing packages.
5.4.1 Setup & Training: 50% deposit payable upfront, with the remaining 50% due before the chatbot goes live.
5.4.2 Maintenance Services: AI Plans subscriptions are 100% payable upfront before commencement.
5.5.1 All invoices are due and payable within fourteen (14) business days from the invoice date. MediaPlus Digital Sdn Bhd reserves the right to impose a late payment interest charge of 2% per month on any overdue balance, calculated from the due date until full payment is received.
5.5.2 A fee of RM150.00 will be charged for any returned cheques. A returned cheque may be considered an event of default under these Terms and Conditions.
Charges for design services to be provided by MediaPlus Digital Sdn Bhd will be set out in the written estimate or quotation that is provided to the Client. At the time of the Client’s signed acceptance of this estimate or quotation, indicating acceptance of these Terms, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until MediaPlus Digital Sdn Bhd has received this amount.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of 50% of the project quotation total before the work is supplied to the Client for review. The remaining 50% of the project quotation total will be due upon completion of the work prior to upload to the server, handover to the Client, or release of materials.
Charges for design work do not cover the release of copyright design files including indd, psd, png, fla, .pdf or any other source files, the intellectual property rights of which shall remain vested in MediaPlus Digital Sdn Bhd or its licensors, as the case may be; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge as agreed between the parties.
Any services or deliverables not explicitly detailed within the signed proposal's scope of work should be considered out-of-scope and will be subject to additional charges.
MediaPlus Digital Sdn Bhd is not obligated to commence any additional work until such additional charges are agreed upon in writing and paid by the Client.
Additional website updates exclude, but are not limited to, database design, database changes, programming, and search engine optimization.
For AI Chatbot Services, additional scope boundaries and exclusions are detailed under Clause 2.
Additional charges are calculated at MediaPlus Digital Sdn Bhd prevailing hourly rates based on complexity and man hours required.
Timeline adjustments may apply for scope changes.
The number of complimentary physical meetings included in each project is based on the total project value as follows:
8.1 Projects under RM6,000: 1 physical meeting
8.2 Projects RM6,000 - RM14,999: 2 physical meetings
8.3 Projects RM15,000 and above: 3 physical meetings
Complimentary physical meetings are applicable only for clients located within the Miri, Sarawak. For clients located outside of Miri, any physical meetings shall be subject to prior arrangement, and additional travel or logistical costs may apply based on the distance and time required.
Additional physical meetings beyond the allocated limit may incur transport charges at prevailing rates, calculated based on travel distance and time required.
Virtual meetings are encouraged and do not count towards the physical meeting limits.
Charges for any additional services over and above the estimated quotation shall be separately agreed and will become fully payable (i.e. 100% of the quoted amount) at the time of agreement between the parties of such additional charges.
An account shall be considered in default if it remains unpaid for 14 business days from the date of invoice, or following a returned cheque. MediaPlus Digital Sdn Bhd shall be entitled to remove the Client's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
For the avoidance of doubt, the removal of such materials does not relieve the Client of its obligation to pay the due amount. Clients whose accounts become in default agree to indemnify MediaPlus Digital Sdn Bhd against any and all liability, damages and costs, including but not limited to reasonable legal expenses and third-party collection agency fees as a result of or arising from the enforcement of these Terms.
All intellectual property rights and copyrights are retained by MediaPlus Digital Sdn Bhd on all design work, features and functionalities including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all applicable costs have been settled. Where this is the case, only the finished and final tangible versions of any deliverables delivered to the Client will be considered specially commissioned for the Client, with all intellectual property rights therein to vest in the Client.
For the avoidance of doubt, if a choice of design is presented, only one solution and final and finished deliverable are deemed to be given by MediaPlus Digital Sdn Bhd as fulfilling the contract. All other designs and intellectual property rights remain the exclusive property of MediaPlus Digital Sdn Bhd, unless agreed in writing between MediaPlus Digital Sdn Bhd and the Client.
By supplying text, images and any other data or information to MediaPlus Digital Sdn Bhd for inclusion in the Client's website or other medium, the Client represents and warrants that it is the exclusive owner of all such materials and or that it holds the appropriate copyright and or trademark permissions and that such materials do not infringe the intellectual property rights of any third party. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner. Notwithstanding the foregoing, the Client grants to MediaPlus Digital Sdn Bhd a perpetual, irrevocable, non-exclusive, royalty-free, worldwide licence to use such materials in the provision of its services under these Terms.
Unless otherwise agreed in writing, any artwork, images, or text supplied and or designed by MediaPlus Digital Sdn Bhd on behalf of the Client will remain the property of MediaPlus Digital Sdn Bhd and or its suppliers.
The Client may request in writing from MediaPlus Digital Sdn Bhd the necessary permission to use materials in respect of which MediaPlus Digital Sdn Bhd holds the intellectual property rights in forms other than for which they were originally supplied, and MediaPlus Digital Sdn Bhd may, in its sole discretion, grant this. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
By supplying images, text, or any other data to MediaPlus Digital Sdn Bhd, the Client grants MediaPlus Digital Sdn Bhd permission to use this material freely in the pursuit of the design.
Should MediaPlus Digital Sdn Bhd, or the Client, supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client agrees to allow MediaPlus Digital Sdn Bhd to remove and or replace the file on the site.
The Client agrees to fully indemnify and hold MediaPlus Digital Sdn Bhd harmless from any and all claims, liability, damages and costs resulting from the Client's breach of any of its undertakings, representations and warranties above and any Term herein. Any claim against MediaPlus Digital Sdn Bhd shall be limited to the relevant fee(s) paid by the Client.
Any design, copywriting, drawing, idea or code created for the Client by MediaPlus Digital Sdn Bhd, or any of its sub-contractors, is licensed for use by the Client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of MediaPlus Digital Sdn Bhd and any of its relevant sub-contractors.
Where there is a risk of infringement or breach of third-party intellectual property rights, all design work should be registered by the Client with the appropriate authorities prior to publishing or first use, or searches and legal advice sought as to its use, at its own expense. MediaPlus Digital Sdn Bhd will not be held responsible for any damages resulting from such claims. MediaPlus Digital Sdn Bhd is not responsible for any loss, or consequential, exemplary, special, punitive or other damage or loss due to or arising from the non-delivery of products or services, of whatever cause. The Client agrees not to hold MediaPlus Digital Sdn Bhd responsible for any such loss or damage. Any claim against MediaPlus Digital Sdn Bhd shall be limited to the relevant fee(s) paid by the Client.
The Client agrees to MediaPlus Digital Sdn Bhd's definition of acceptable means of supplying data to it, to be decided in its sole discretion.
Texts and images which are supplied in an electronic format are to be provided in a format as prescribed by MediaPlus Digital Sdn Bhd via online shared drive, e-mail or FTP, or any other means as agreed between MediaPlus Digital Sdn Bhd and the Client.
Images must be of a quality suitable for use without any subsequent image processing, and MediaPlus Digital Sdn Bhd will not be held responsible for any image quality which the Client later finds unacceptable. MediaPlus Digital Sdn Bhd cannot be held responsible for the quality of any images which the Client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images, which shall be billed to the Client.
Project Planning: MediaPlus Digital Sdn Bhd will work with the Client in developing and implementing a project strategy and plan tailored to meet the objectives outlined by the Client.
Monitoring and Analysis: where applicable, MediaPlus Digital Sdn Bhd will monitor and analyse website development projects or digital marketing campaign performance and provide regular reports or updates to the Client. Adjustments to strategy will be made as needed to achieve optimal results.
Compliance with Industry Standards: MediaPlus Digital Sdn Bhd will adhere to industry best practices and standards governing digital marketing and website development activities.
Communication: MediaPlus Digital Sdn Bhd will maintain open and transparent communication with the Client, promptly addressing inquiries and providing updates on project or campaign progress. Agreed communication channels include e-mail, WhatsApp message, phone call or any other channel as agreed between MediaPlus Digital Sdn Bhd and the Client from time to time.
Collaboration on Design: MediaPlus Digital Sdn Bhd will collaborate with the Client on the design and layout of the website, incorporating branding guidelines and ensuring a cohesive online presence.
Business Information: The Client shall provide accurate and up-to-date information about their business, target audience, products, and services to facilitate the development of an effective digital marketing strategy and website.
Branding Guidelines: The Client will provide branding guidelines, including logos, taglines, and other brand assets necessary for the creation of consistent and cohesive digital marketing materials and website design.
Access to Platforms: The Client will grant necessary access to digital platforms and tools required for campaign execution, such as social media accounts, website analytics, and advertising accounts.
Feedback and Approval: The Client will promptly provide feedback on proposed strategies, creative materials and website designs. The Client must provide responses to critical questions and feedback within three (3) business days. Delays in providing such responses or feedback may result in project delays and necessitate the rescheduling of tasks, for which MediaPlus Digital Sdn Bhd shall not be liable. Timely approval of campaigns, materials and website components is essential for efficient execution.
Collaboration: The Client agrees to collaborate with MediaPlus Digital Sdn Bhd, sharing insights, updates, and feedback that may impact the ongoing digital marketing strategy and website development.
Timely Payment: The Client will make timely payments for services rendered by MediaPlus Digital Sdn Bhd, as outlined in the agreed payment terms.
MediaPlus Digital Sdn Bhd will deem a project Inactive if the Client fails to respond to three (3) follow-up requests from MediaPlus Digital Sdn Bhd within a period of fourteen (14) business days for essential project information, materials, or approvals.
Upon a project becoming Inactive, MediaPlus Digital Sdn Bhd will pause the project and allocate its resources to other ongoing projects until the Client reaches out to continue the project (“Resumption”).
To reactivate an Inactive project, the Client must provide all outstanding requirements and pay a reactivation fee of RM800.00 to retrieve data and information and to allocate new resources for the Resumption of the project.
If the Client remains unresponsive 2 years after the project is identified as Inactive, MediaPlus Digital Sdn Bhd reserves the right to remove the project’s data and information from its database or server. MediaPlus Digital Sdn Bhd shall not be liable for any loss or damage to data after this retention period or after permanent deletion.
To the maximum extent permitted by applicable law, in no event shall MediaPlus Digital Sdn Bhd be responsible for any consequential, exemplary, special, punitive or other damages, including, without limitation, lost revenue or profits, in any way arising out of or related to any of the services fulfilled and provided under these Terms. Any claim against MediaPlus Digital Sdn Bhd shall be limited to the relevant fee(s) paid by the Client. The Client remains solely responsible, irrespective of the legal basis for a claim, for the use of all deliverables pursuant to the services provided hereunder, and all activities conducted around, through and in connection therewith by the Client, its end users and any other third parties and any reactions, consequences and actions or breach of applicable laws that may result from the viewing, disclosure, exhibition, marketing, promotion and other commercial communications in respect of such deliverables. The Client further represents and warrants that it shall conduct its business as related to such deliverables at all times in full compliance with all applicable laws.
MediaPlus Digital Sdn Bhd is not liable for a failure to perform any of its obligations if:
18.1 the failure was due to war, riot, revolution, act of piracy, act of sabotage, violent storm, cyclone, earthquake, tidal wave and floods which are not seasonally expected;
18.2 it could not reasonably be expected to have foreseen its effect upon its ability to perform at the time of the conclusion of the relevant contract; or
18.3 it could not reasonably have avoided or overcome it. MediaPlus Digital Sdn Bhd shall promptly notify the Client of any such event if the affected party is MediaPlus Digital Sdn Bhd and such an event lasts longer than 30 days.
In such an event, MediaPlus Digital Sdn Bhd may, without penalty, liability or further obligation, terminate the relevant contract with written notice.
The Client agrees to allow MediaPlus Digital Sdn Bhd to place a small credit on printed material, exhibition displays, advertisements and or a link to MediaPlus Digital Sdn Bhd's website on the Client's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page, as designed by MediaPlus Digital Sdn Bhd in its sole discretion.
The Client also agrees to allow MediaPlus Digital Sdn Bhd to place websites and other designs, along with a reference to the Client’s site, on MediaPlus Digital Sdn Bhd's website for demonstration purposes and to use any designs in its own publicity and portfolios and hereby grants to MediaPlus Digital Sdn Bhd a perpetual, irrevocable, non-exclusive, transferable, royalty-free and worldwide licence to use such materials for its intercompany files, references, publicity, website and social media sites.
MediaPlus Digital Sdn Bhd will not include in its designs any text, images or other data which it deems in its sole discretion to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards and authorities and the Client remains solely responsible for ensuring that there is no breach of applicable laws in the dissemination, sharing or use of such material. MediaPlus Digital Sdn Bhd also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and or data that MediaPlus Digital Sdn Bhd does include in all good faith, and subsequently discovers is in contravention of these Terms, the Client agrees to allow MediaPlus Digital Sdn Bhd to remove the contravention without hindrance or penalty. MediaPlus Digital Sdn Bhd is to be held in no way responsible for any such data being included.
All payments made to MPD are strictly non-refundable, irrespective of project status, completion, cancellation, or termination by the Client. This is due to the immediate allocation of resources upon payment. The Client remains liable for all work performed and any outstanding balance. Payment of any invoice constitutes the Client's explicit acceptance of these non-refundable terms.
Client-Initiated Cancellation: Cancellation of orders may be made formally in writing with 1 month's notice via e-mail to admin@mediaplus.com.sg and by post to MediaPlus Digital Sdn Bhd's postal address. Any cancellation which is not formally confirmed in writing and received by MediaPlus Digital Sdn Bhd within 14 business days of such instruction being issued will not be effective and the Client shall be liable for the full quoted cost of the project.
Payment Obligations: All payments made to MediaPlus Digital Sdn Bhd are strictly non-refundable, irrespective of project status, completion, cancellation, or termination. Upon cancellation, the Client will be invoiced for all work completed over and above any payments initially made, with such balance due and payable within 14 business days. Payment of any invoice constitutes the Client's explicit acceptance of these non-refundable terms, and the Client remains liable for all work performed and any outstanding balance due to the immediate allocation of resources upon payment.
Company-Initiated Termination: MediaPlus Digital Sdn Bhd may, in its sole discretion, at any time and for any or no reason, suspend or terminate the provision of any services hereunder with or without prior notice, including where the Client fails to comply with any Term herein. In such event, the Client will be invoiced for all work completed over and above any payments initially made, with such balance due and payable within 14 business days.
Ownership: MediaPlus Digital Sdn Bhd remains the sole and exclusive owner of all content created and working files until the required payment is received.
MediaPlus Digital Sdn Bhd may, from time to time, utilise the services of various partner organisations or service providers (both affiliated companies and external organisations, “Partners”) for domain and hosting, data processing, operational activities, management and maintenance. Such Partners may be based in Malaysia or outside of Malaysia.
All Partners are selected using a rigorous evaluation process to help ensure high standards of service, reliability and integrity. Our Partners are bound by contractual arrangements to keep Client information confidential and to use such information strictly for contracted purposes, and MediaPlus Digital Sdn Bhd is committed to ensuring that our Partners adhere to these obligations.
Applicable laws may require MediaPlus Digital Sdn Bhd and our Partners to disclose information relating to MediaPlus Digital Sdn Bhd’s Clients to relevant authorities. The circumstances under which our Partners may be required to do so are limited and can include compulsion under a court order, police investigations or criminal prosecutions.
In the event of any disputes arising under or in connection with these Terms, the use of our services and or purchase of our products and services, both MediaPlus Digital Sdn Bhd and the Client agree to engage in good faith negotiations to seek an amicable resolution.
MediaPlus Digital Sdn Bhd has established a client conflict resolution framework. For further information, please submit a request to our management team or contact us via email at admin@mediaplus.com.sg.
The Client warrants proper authorisation for any personal data provided to MPD. MPD will handle personal data in accordance with the Personal Data Protection Act 2010 of Malaysia and our prevailing privacy practices. Please refer to our Privacy Policy for full details at https://mediaplusdigital.com.my/privacy-policy/.
During the term and after the termination or completion of the project, the Client agrees not to directly or indirectly engage in, participate in, or provide financial assistance to any business or activity that is similar to or competitive with the business of and services provided by MediaPlus Digital Sdn Bhd. The Client also agrees not to directly or indirectly solicit, hire, or engage the services of any employee or contractor of MediaPlus Digital Sdn Bhd involved in the execution of the project.
Notwithstanding the above, the Client may hire or engage the services of MediaPlus Digital Sdn Bhd’s employees or contractors with the express written consent of MediaPlus Digital Sdn Bhd.
MediaPlus Digital Sdn Bhd makes no representations, warranties or guarantees of any kind, express or implied, for any products and or services that it supplies. MediaPlus Digital Sdn Bhd will not be held responsible for any damages resulting from products and or services it supplies. MediaPlus Digital Sdn Bhd is not responsible for any loss, or consequential, exemplary, special, punitive or other damage, including any loss of data, due to or arising from the non-delivery of products or services, of whatever cause. While reasonable steps may be taken to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold MediaPlus Digital Sdn Bhd responsible for any such loss or damage. Any claim against MediaPlus Digital Sdn Bhd shall be limited to the relevant fee(s) paid by the Client.
MediaPlus Digital Sdn Bhd reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by the terms and conditions imposed by such persons. MediaPlus Digital Sdn Bhd will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.
Save where a separate Service Agreement is entered into between MediaPlus Digital Sdn Bhd and the Client, these Terms contain the entire agreement of the parties and supersede all prior understandings or agreements as to the subject matter covered by these Terms, and the Client has not agreed to these Terms in reliance upon any representation, warranty or undertaking which is not expressly set out or referred to in these Terms.
These Terms supersede any previous Terms distributed in any form. MediaPlus Digital Sdn Bhd reserves the right to change any rates and any of these Terms at any time and without prior notice. The Client's continued use of services provided by MediaPlus Digital Sdn Bhd after any such change to the Terms indicates its acceptance of the same, as modified.
The provision of services under these Terms and these Terms shall be governed by and construed in accordance with the laws of Malaysia. The parties agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.
MediaPlus Digital Sdn Bhd shall perform services hereunder as an independent contractor and nothing in these Terms shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or master and servant between it and the Client.
A person who is not a party to these Terms has no rights to enforce any term herein, but this does not affect any right or remedy of a third party which exists or is available apart from these Terms.
The placement of an order for any products or services offered by MediaPlus Digital Sdn Bhd, by email, verbally or in writing, is deemed to be acceptance of these Terms by the Client.
A Service Agreement validated by the Client's signature constitutes acceptance of these Terms and forms a contract for business between the signatory and MediaPlus Digital Sdn Bhd.
Last updated on 3rd September 2025.
Email: hello@mediaplusdigital.com.my
Tel: +60 10 876 0868