1. About AGMT Digital

AGMT Digital (“AGMT”, “we”, “us” or “our”) is a Malaysia-based digital marketing and creative solutions company focused on helping businesses build, strengthen and grow their digital presence.

Our services may include, but are not limited to:

• Social media marketing and management
• Digital marketing strategy and planning
• Paid advertising and campaign management
• Branding and creative design
• Content creation and copywriting
• Influencer marketing
• Product photography
• Website design and development
• Landing page and e-commerce development
• Digital integrations, plugins and related solutions
• Other marketing, creative, digital or consulting services agreed between AGMT and a client

The specific services provided to a client will be determined by the applicable proposal, quotation, statement of work, service agreement or other written agreement between AGMT and the client.

2. Use of Our Website

You may access and use this website for lawful purposes only.

You agree not to:

• Use the website for any unlawful, fraudulent or unauthorised purpose;
• Attempt to gain unauthorised access to any part of the website, server or systems;
• Interfere with or disrupt the operation or security of the website;
• Copy, reproduce, modify, distribute or commercially exploit our website or its contents without our prior written consent;
• Introduce malicious software, viruses or other harmful material;
• Use automated systems, scraping tools or other methods to extract website content without our prior written permission; or
• Use information obtained from this website in a manner that infringes the rights of AGMT or any third party.

We reserve the right to restrict or terminate access to our website where we reasonably believe these Terms have been breached.

3. Our Services

All services provided by AGMT are subject to the scope, deliverables, timelines, fees, payment terms and other conditions specified in the applicable proposal, quotation, statement of work, service agreement or other written confirmation.

Unless expressly stated otherwise in writing, information displayed on this website is provided for general informational purposes and does not constitute a binding offer to provide any particular service.

AGMT reserves the right to modify, expand, discontinue or introduce services from time to time.

4. Proposals, Quotations and Engagements

Any quotation or proposal issued by AGMT is subject to the terms stated in that quotation or proposal and is subject to acceptance by the client.

A client engagement becomes effective when the applicable proposal, quotation, service agreement or other written confirmation has been accepted or executed by the parties, or when the client otherwise expressly authorises AGMT to commence work.

The scope of work agreed for a particular engagement will take precedence over any general description of services contained on this website.

Where there is a conflict between these Terms and a separate written agreement entered into between AGMT and a client, the terms of the specific written agreement will prevail to the extent of the inconsistency.

5. Client Responsibilities

To enable AGMT to perform its services effectively, clients are responsible for providing accurate, complete and timely information, materials, approvals, feedback, access credentials and other resources reasonably required for the engagement.

This may include, where applicable:

• Brand guidelines and brand assets;
• Product or service information;
• Images, videos and other content;
• Access to social media, advertising, website, analytics or other digital platforms;
• Business, customer or campaign information;
• Required approvals and feedback; and
• Other information reasonably required to perform the agreed services.

Clients are responsible for ensuring that any information, materials, images, trademarks, logos, content or other assets supplied to AGMT may lawfully be used for the purposes of the engagement.

AGMT will not be responsible for delays, additional costs or inability to deliver arising from inaccurate, incomplete or delayed information, approvals, access or feedback provided by the client.

6. Content, Creative Work and Approvals

Depending on the scope of an engagement, AGMT may develop marketing strategies, concepts, copywriting, designs, advertisements, social media content, websites, landing pages, videos, graphics and other creative materials.

Where client approval is required, AGMT may proceed based on the client’s approval or instructions.

Once content, creative materials, campaigns or other deliverables have been approved by the client, AGMT will not be responsible for issues arising solely from matters that were reasonably identifiable during the approval process.

Any revisions, additional work or changes outside the agreed scope may be subject to additional fees, timelines or other conditions.

7. Marketing and Performance Results

AGMT will use commercially reasonable efforts to provide the services in accordance with the agreed scope and strategy.

However, digital marketing performance is affected by numerous factors outside AGMT’s reasonable control, including market conditions, competition, consumer behaviour, platform algorithms, advertising policies, changes in search rankings, third-party platform performance, budgets, pricing, product-market fit and the client’s own business operations.

Accordingly, unless expressly stated in a written agreement, AGMT does not guarantee:

• A specific number of leads, enquiries, sales or conversions;
• A specific return on advertising spend (“ROAS”);
• A specific advertising or campaign performance;
• Specific search engine rankings;
• Specific social media growth or engagement;
• Specific website traffic levels;
• Specific revenue or profit outcomes; or
• Any other particular commercial result.

Any projections, estimates, forecasts, recommendations or performance expectations provided by AGMT are intended as estimates and should not be interpreted as guarantees.

8. Third-Party Platforms

AGMT may use or manage third-party platforms and services as part of an engagement, including social media platforms, advertising platforms, website hosting services, analytics tools, software, plugins, payment services, influencer platforms and other third-party technologies.

These platforms are independently operated by third parties and are subject to their own terms, policies and technical limitations.

AGMT does not control the availability, functionality, policies, algorithms, pricing or continued operation of third-party platforms.

AGMT will not be responsible for losses, delays, interruptions, account restrictions, advertising disapprovals, algorithm changes, platform changes, outages or other issues caused by third-party platforms, except to the extent directly caused by AGMT’s proven breach of its obligations.

Where third-party costs are required for an engagement, such as advertising spend, software subscriptions, hosting, domain registration, plugins, licences, influencer fees or other external costs, such costs may be charged separately unless otherwise agreed in writing.

9. Advertising Spend

Where AGMT manages paid advertising campaigns on behalf of a client, the agreed management fees and advertising spend are separate unless expressly stated otherwise.

Advertising budgets are determined by the client or agreed between the parties and may be subject to the policies, billing practices and payment requirements of the relevant advertising platform.

AGMT does not guarantee that advertising platforms will spend the allocated budget in any particular manner or achieve any specific performance outcome.

10. Fees and Payment

Clients are responsible for paying all fees in accordance with the applicable quotation, proposal, invoice or service agreement.

Unless otherwise agreed in writing:

• Fees are payable according to the agreed billing schedule;
• Additional work outside the agreed scope may incur additional charges;
• Third-party costs may be charged separately;
• Taxes, duties or other applicable charges may be added where required; and
• Late or overdue payments may result in the suspension or delay of services.

AGMT reserves the right to suspend work or withhold deliverables where payments are overdue, subject to the terms of the applicable client agreement.

11. Contract Term and Renewal

Where a client engagement is governed by a separate service agreement, the duration and renewal of that engagement will be determined by the terms of that agreement.

Unless otherwise stated in the applicable agreement, AGMT’s standard client engagements may operate on an initial six-month term and automatically renew for a further term unless either party provides written notice of non-renewal at least 30 days before the applicable renewal date.

Any engagement-specific termination, renewal or notice provisions contained in a signed agreement will take precedence over this general provision.

12. Intellectual Property

Unless otherwise agreed in writing, AGMT retains ownership of its pre-existing intellectual property, proprietary methodologies, frameworks, processes, templates, systems, know-how, strategies and other materials developed independently of a client’s engagement.

Ownership and usage rights relating to final deliverables created specifically for a client will be determined by the applicable proposal, quotation or service agreement.

Where full ownership or transfer of intellectual property is expressly agreed and all applicable fees have been paid, the relevant rights will be transferred or licensed to the client in accordance with the agreed terms.

AGMT may retain the right to use general knowledge, skills, techniques, methodologies and non-confidential know-how developed during an engagement.

13. Client Materials

Clients retain ownership of materials, information, trademarks, logos, content and other intellectual property that they provide to AGMT.

By providing such materials to AGMT, the client grants AGMT the necessary permission to use, reproduce, modify and otherwise process those materials solely to the extent reasonably required to perform the agreed services.

The client represents that it has the necessary rights and permissions to provide and authorise AGMT to use such materials.

14. Portfolio and Marketing Use

Unless otherwise agreed in writing, AGMT may identify a completed client project or engagement as part of its portfolio, credentials, case studies or marketing materials.

This may include displaying completed creative work, website designs, campaign materials, publicly available brand information or other non-confidential aspects of the work.

AGMT will not intentionally disclose confidential information as part of such use.

A client may request that particular work or information not be used for promotional purposes, subject to any separate agreement between the parties.

15. Confidentiality

Each party may receive confidential or commercially sensitive information belonging to the other party during an engagement.

Both parties agree to take reasonable steps to protect confidential information and to use such information only for purposes connected with the relevant engagement.

Confidential information does not include information that:

• Is or becomes publicly available through no breach of confidentiality;
• Was already lawfully known to the receiving party;
• Is independently developed without reference to the confidential information; or
• Is required to be disclosed by law or a lawful authority.

Any confidentiality obligations contained in a separate agreement between AGMT and a client will continue to apply in accordance with that agreement.

16. Data Protection and Privacy

AGMT may collect and process personal information when you interact with our website, contact us, submit an enquiry or engage our services.

Our collection, use, storage and handling of personal data are governed by our Privacy Policy, which forms part of the terms governing your use of our website.

By using our website or providing personal information to us, you acknowledge that you have read our Privacy Policy and understand how your information may be handled.

17. Website Content and Accuracy

We make reasonable efforts to ensure that information published on our website is accurate and up to date.

However, we do not warrant that all information on the website will always be complete, accurate, current or free from errors.

Our website may contain information about services, capabilities, examples of work, results, testimonials or other materials that are provided for general informational purposes.

AGMT reserves the right to update, modify or remove website content at any time without prior notice.

18. Website Availability

We do not guarantee that our website will always be available, uninterrupted, secure or free from errors.

The website may occasionally be unavailable due to maintenance, updates, technical issues, hosting problems, security incidents or circumstances beyond our reasonable control.

We will use reasonable efforts to restore availability where practicable.

19. Links to Third-Party Websites

Our website may contain links to websites, platforms or resources operated by third parties.

These links are provided for convenience and informational purposes only.

AGMT does not control and is not responsible for the content, availability, privacy practices, security or terms of third-party websites.

Your use of third-party websites is subject to the terms and policies of those third parties.

20. Limitation of Liability

To the maximum extent permitted by applicable law, AGMT will not be liable for any indirect, incidental, special, consequential or exemplary loss arising from or relating to the use of our website or the provision of our services.

This may include, without limitation, loss of profits, revenue, business opportunities, goodwill, anticipated savings, data or business interruption.

Nothing in these Terms excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited under applicable law.

For client engagements, any specific limitation of liability agreed in the applicable service agreement will take precedence over this provision.

21. Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold AGMT, its directors, employees and representatives harmless from claims, losses, liabilities, damages, costs and expenses arising from:

• Your breach of these Terms;
• Your unlawful use of our website or services;
• Materials or information supplied by you that infringe the rights of a third party; or
• Your violation of applicable laws, regulations or third-party rights.

This provision does not apply to the extent that a claim is caused by AGMT’s own proven negligence, wilful misconduct or breach of its contractual obligations.

22. Suspension and Termination

AGMT may suspend access to the website or discontinue services where reasonably necessary, including where there is a breach of these Terms, non-payment, unlawful activity, security concerns or other circumstances that materially affect our ability to provide the services.

Termination of a client engagement will be governed primarily by the applicable proposal, quotation or service agreement.

Termination of an engagement does not automatically release either party from obligations that are intended to survive termination, including applicable payment, confidentiality, intellectual property, liability and dispute-related obligations.

23. Changes to These Terms

AGMT may update these Terms from time to time to reflect changes to our business, services, website, legal requirements or operating practices.

The updated version will be published on this page together with the revised “Last Updated” date.

Your continued use of our website after changes are published constitutes acceptance of the updated Terms.

For existing client engagements, any amendment to contractual terms will be governed by the applicable service agreement and any legally required process for making such amendments.

24. Governing Law

These Terms are governed by and construed in accordance with the laws of Malaysia.

Any dispute arising from or relating to these Terms shall be subject to the applicable jurisdiction of the courts of Malaysia, unless otherwise agreed in writing between the parties.

25. Severability

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable where legally permitted.

The remaining provisions will continue to remain in full force and effect.

26. Entire Agreement

These Terms govern the general use of the AGMT Digital website.

For clients who engage AGMT for services, the applicable proposal, quotation, statement of work or signed service agreement, together with any documents expressly incorporated into that agreement, will govern the specific commercial relationship between the parties.

Where there is any inconsistency, the specific written agreement will prevail to the extent of that inconsistency.

27. Contact Us

If you have any questions regarding these Terms of Service, please contact us:

AGMT Digital
Kuala Lumpur, Malaysia

Email: info@agmtdigital.com
Website: www.agmtdigital.com