Acceptance of Terms
By accessing or using the Trendtive Digital website (trendtivemedia.com) or engaging our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use this website or engage our services.
These terms constitute a legally binding agreement between you and Trendtive Digital Sdn Bhd, a company incorporated in Malaysia. We reserve the right to update these terms at any time, with changes effective upon posting to this page.
Our Services
Trendtive Digital Sdn Bhd provides digital marketing services including but not limited to:
- Paid media management (PPC) across Google, Meta, LinkedIn, and TikTok
- Search engine optimisation (SEO) and content strategy
- Social media content planning and creation
- Influencer marketing and creator campaigns
- Experiential marketing and event production
The specific scope, deliverables, timelines, and fees for any engagement are set out in a separate Client Agreement or Statement of Work signed by both parties. In the event of any conflict between these Terms of Service and a signed Client Agreement, the Client Agreement shall prevail.
Client Obligations
As a client or website user, you agree to:
- Provide accurate, complete, and up-to-date information when requested
- Grant timely approvals, feedback, and access to accounts or assets necessary for service delivery
- Ensure all content, data, and materials you provide to us are lawful and do not infringe third-party intellectual property rights
- Not use our services for any unlawful, deceptive, or harmful purpose
- Comply with the platform terms and advertising policies of Google, Meta, LinkedIn, TikTok, and any other platforms relevant to your campaigns
- Promptly notify us of any changes to your business, products, or services that may affect campaign strategy or compliance
Intellectual Property
The following terms govern ownership of work product, tools, and materials produced or exchanged in connection with any engagement:
- Deliverables: Upon receipt of full payment, work product created specifically for a client under a signed agreement (ad creatives, reports, content assets) is assigned to the client, unless otherwise stated in the Client Agreement
- Our tools and methodologies: Proprietary processes, templates, frameworks, data models, and know-how developed by Trendtive Digital remain our exclusive intellectual property
- Your materials: You retain full ownership of all brand assets, data, and materials you provide to us. You grant us a limited, non-exclusive licence to use these solely for the purpose of service delivery
- Third-party assets: Licensed stock assets, fonts, or software tools used in deliverables are subject to their respective licence terms and may not be redistributed independently
Payment Terms
- Fees are as set out in the applicable Client Agreement or invoice
- Invoices are due within 14 days of issue unless otherwise agreed in writing
- Late payments may incur interest at 1.5% per month on the outstanding balance
- We reserve the right to suspend services if payment is more than 30 days overdue
- All fees are quoted in Malaysian Ringgit (MYR) unless otherwise specified, and are exclusive of applicable taxes including Sales and Service Tax (SST)
- Retainer fees are non-refundable once the relevant service period has commenced
Confidentiality
Both parties agree to keep confidential any non-public, proprietary, or sensitive information received from the other party in connection with this engagement ("Confidential Information"). Each party will use Confidential Information only for the purpose of fulfilling obligations under the engagement and will not disclose it to any third party without prior written consent.
This obligation does not apply to information that is: (a) publicly available through no fault of the receiving party; (b) independently developed by the receiving party; or (c) required to be disclosed by law, regulation, or court order. This mutual confidentiality obligation survives termination of any engagement for a period of 2 years.
Disclaimers and Limitation of Liability
We do not guarantee specific results, search engine rankings, revenue outcomes, or return on ad spend. Digital marketing performance is subject to many external factors beyond our control, including platform algorithm changes, market conditions, and competitive dynamics.
Our website and its content are provided "as is" without warranty of any kind, express or implied. To the maximum extent permitted by Malaysian law:
- Trendtive Digital Sdn Bhd's total liability to you for any claim arising from these terms or our services shall not exceed the total fees paid by you in the 3 months preceding the claim
- We are not liable for any indirect, consequential, incidental, or punitive losses, including loss of revenue, profit, data, or business opportunities
Termination
- Either party may terminate a service engagement by providing written notice as specified in the applicable Client Agreement (typically 30 days' notice)
- We may terminate immediately upon written notice if you materially breach these terms, fail to make payment after 30 days' overdue, or engage in unlawful or harmful conduct
- Upon termination, all outstanding fees become immediately due and payable
- We will return client assets, account access, and data within 14 days of termination
- Sections on Intellectual Property, Confidentiality, Limitation of Liability, and Governing Law survive termination
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.
We will always seek to resolve disputes amicably and in good faith before initiating any formal legal proceedings. If you have a concern, please contact us at general@trendtivedigital.com in the first instance.
For any questions regarding these Terms of Service: