These terms and conditions (the “Agreement”) are entered into between DhuMall (referred to as “Company,” “we,” “our,” or “us”) and you (referred to as “Client,” “you,” or “your”). This Agreement outlines the terms and conditions governing the provision of social media branding solutions by the Company to the Client. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the command to bind such entity, its affiliates, and all users who access the use of our social media branding solutions through you or the account created by you to the Agreement, in which case the terms “You” or “Your” shall refer to such entity, its affiliates, and users associated with it.

1. Services
   1.1. The Company shall provide social media branding services, including but not limited to content creation, social media page setup, and social media posting, as outlined in www.dhumall.com/social-media-branding-solutions/

1.2. The Client agrees to provide all necessary information, access, and materials required for the provision of these services in a timely manner.

1.3. The Client represents that it has all necessary rights to the Client’s information, access, and materials, etc. provided to the Company.

2. Fees and Payments
   2.1. The Client shall pay the Company the fees as outlined in www.dhumall.com/social-media-branding-solutions/. The payment terms, method, and schedule will be detailed in the same document.

2.2. Invoices are due in accordance with the terms specified in www.dhumall.com/social-media-branding-solutions/. Late payments may incur interest or other charges as specified.

3. Term and Termination
   3.1. This Agreement shall commence on the date of acceptance and continue for the duration specified in www.dhumall.com/social-media-branding-solutions/.

3.2. Either party may terminate this Agreement with written notice if the other party breaches a material term or condition of this Agreement.

3.3. No modification or alteration in the subscription by the Client shall be entertained once payment is made. The Client agrees that the subscription cannot be canceled once payment is made, and any payment made shall not be refunded and the Company will not entertain any request for refunds.

4. Confidentiality
   4.1. Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the business relationship.
   
   
5. Intellectual Property
   5.1. The Company retains all rights to any intellectual property created during the provision of services, including but not limited to content, designs, and reports.
   
   
6. Personal Data Protection
   6.1. The Client has given voluntary consent for the Company to collect, keep and process the Client’s data solely for the subscription service by the Client and utilization of the Company. The Client agrees that the Company reserves the right to share the Client’s data with DhuMall Group of Companies. The Client understands that the Client may update, correct, or change the Client’s data contained herein by contacting the Company at info@dhumall.com.
   
   
7. Liability and Indemnification
   7.1. The Company shall not be liable for any indirect, consequential, or incidental damages arising from the use of its services.

7.2. The Client agrees to indemnify and hold the Company harmless from any claims, losses, damages, or liabilities arising from the Client’s use of the services.

8. Governing Law
   8.1. This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
   
   
9. Dispute Resolution
   9.1. In the event of a dispute arising from this Agreement, both parties agree to first attempt to resolve the matter through negotiation or mediation.
   
   
10. Force Majeure
    10.1. The Company shall not be in default if failure to perform any obligation(s) hereunder that is caused by supervening conditions (“Force Majeure”) beyond the Company’s control, including, but not limited to, acts of God, civil commotion, industrial action, terrorism or threatened terrorism, labor disputes, epidemics, pandemics, quarantines, or governmental demands or restrictions. Save and except for any antecedent claim(s)/breach(es) thereof, no party shall have any claims against the other party resulting from the Force Majeure event and neither the Company nor its affiliated entities will be responsible for any damages or loss or work stoppage or slowdown, unavailability of materials/service, court order, operation of law, or any other factors not within the Company’s reasonable control.
    
    
11. Entire Agreement
    11.1. This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings, written or oral.
    
    
12. Amendment
    12.1. The Company reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the Company shall provide written notice to the Client. The notice shall specify the proposed changes and the reasons for the proposed amendment.
    
    
13. Notice
    13.1. Any written notice required to be given or served hereunder shall be in writing and shall be sufficiently served by: (i) hard copy, if delivered personally or forwarded to either party by post to the address herein given or such last known address; OR (ii) in electronic form, by transmission to the electronic address provided by the Client and the Company; OR (iii) when sent by confirmed facsimile; OR (iv) five (5) days after the day of mailing, when mailed by certified or registered mail, return receipt requested, postage prepaid, and addressed to DhuMall as follows: 343, No. 343 Jalan Perusahaan 2, Taman Bandar Baru Mergong, 05150 Alor Setar, Kedah, Malaysia.
    
    

Last updated on 20^th October 2023