TERMS AND CONDITION

Date of Issuance: 1 January 2024

Last Updated: 1 June 2025

Version: Online Advertising and Marketing-T&C-2025

1. Introduction

1.1. You (the “Client”) agree to engage My Weekend Plan Sdn. Bhd. (Registration No. 201801006531 (1268545-X)) (“MWP”) for the Services (as defined below) and MWP agrees to provide such Services, in accordance with the terms and conditions set forth in these Online Advertising and Marketing T&Cs. These Online Advertising and Marketing T&Cs are deemed incorporated by reference into all invoices, quotations, or engagement documents issued by MWP to the Client (“Invoice(s)”), which govern the provisions of the Services. By signing the Invoice(s) (whether digitally or physically), confirming engagement, making payment, or by utilising the Services, the Client explicitly acknowledges and accepts all the terms and conditions outlined in the Invoice(s) and these Online Advertising and Marketing T&Cs and agrees to be bound by them. 

1.2. The effective date of these Online Advertising and Marketing T&Cs shall be either the date when the Client signs the Invoice(s), the date the Client start utilising the Services, the date the Client makes payment for the Services, or the date as mutually agreed upon by MWP and the Client, whichever is earlier and applicable (“Effective Date”). 

1.3. These Online Advertising and Marketing T&Cs shall continue in full force and effect from the Effective Date for the duration specified in the Invoice(s), or as otherwise agreed in writing between the Client and MWP (“Term”), or until terminated in accordance with these Online Advertising and Marketing T&Cs or upon completion of the Services, whichever  occurs first. 

2. The Services and Scope of Services

2.1. MWP agrees to provide the Client with a list of online advertising and marketing services as more particularly described in the Invoice(s) (“Services”) including deliverables to be delivered by MWP to the Client (“Deliverables”). “Deliverables” may include reports, analysis, analytics, statistics, videos, postings, and/or other materials required to be performed or delivered by MWP to the Client pursuant to the Services but exclude MWP’s Existing Intellectual Property (as defined below) and MWP’s Tools (as defined below). Due to the nature of the Services, certain Deliverables are provided to the Client on an ongoing basis throughout the Term and are not tied to specific delivery dates; for any Deliverables that require specific timing, the frequency and timing will be discussed and agreed upon between MWP and the Client.

2.2. The Services are tailored to the specific business objectives and needs of the Client as communicated to MWP and are structured based on the mutual agreement between the Client and MWP (“Outcome”). MWP and the Client will mutually agree on the designated platform(s), search engine(s) and/or social media(s) that require the Services, as stipulated in the Invoice(s) (“Selected Platform(s)”). MWP will access the adequacy of the Client’s agreed advertising budget (“Advertising Budget”) when performing the Services. While the Services are structured based on this mutual understanding, MWP can modify or revise the elements or strategies of the Services to better achieve the Outcomes. Any revisions/modifications to the Services shall be based on the agreed scope of work (including any cap on revisions, updates, or change requests) as stipulated in the relevant Invoice(s). 

2.3. MWP shall provide content creation and advertising campaign services (including but not limited to TikTok, Facebook, and Instagram Ads) in accordance with the scope and deliverables outlined in the applicable Invoice(s). The Services may include concept development, content calendar planning, script writing, media production, ad posting, campaign setup, and performance reporting. The Client acknowledges that delivery of such Services involves a staged workflow comprising planning, approvals, production, and reporting phases, subject to reasonable timelines and industry practices as communicated by MWP. Specific terms such as revision limits, fees, and production turnaround times shall be governed by the relevant terms as set out in the Invoice(s) or agreed in writing. 

2.4. If the Client requests significant amendments that alter the initial agreed-upon scope of Services, or if changes in the scope of Services are required due to changes in the Client’s business objectives or issues faced, MWP will assess the feasibility of such request. If deemed feasible, MWP reserves the right to adjust the payment terms to account for any additional time, cost and efforts required. If MWP identifies the need for changes or amendments to the agreed scope of Services to better achieve the agreed Outcomes or address unforeseen issues, MWP will notify the Client and provide an estimate of any additional costs or changes required. In any of these cases, the parties shall then discuss in good faith to determine and mutually agreed on a revise scope of Services and payment terms prior to any work being undertaken. 

2.5. MWP will provide the Client with regular updates throughout the Term. These updates will be provided on an ongoing and timely basis, with frequency and timing to be agreed upon between MWP and the Client.

2.6. Unless specifically stipulated in the Invoice(s) or mutually agreed upon in writing, the Services exclude the following items or scope: 

2.6.1  Advertising Budget; 

2.6.2. crisis management (i.e. managing or responding to reputational, public relations, or brand-related issues arising from the approved content published on the Selected Platform(s) or user engagement with the Client’s Account); 

2.6.3. costs related to the subscription to or use of third-party assets such as premium stock footage, non-library music licences, or specialised tools/software;  

2.6.4. travel costs and production time incurred for off-site shoots outside of the Klang Valley; and/or

2.6.5. any work or requests that fall outside of the agreed-upon scope of Services as set out herein, in any of the above events, such request shall be subject to further discussion and additional charges or payment. MWP will assess the feasibility of such requests and will provide an estimate for the additional costs associated with fulfilling them. The Client and MWP will then mutually agree upon the revised scope of Services and payment terms prior to any work being undertaken.

3. Obligations 

3.1. The Client acknowledges that MWP will require access to the Client’s Existing Intellectual Property (as defined below), the Client’s Content (as defined below), and other necessary information, resources, and materials from the Client (collectively, the “Client’s Materials”) to effectively perform the Services. The Client agrees to the following (as required and determined by MWP based on the nature and scope of the Services): 

3.1.1. provide clear and specific information pertaining to the desired outcomes of the advertising and marketing campaign(s) (“Advertising Campaign(s)”) to MWP, including but not limited to defining goals such as augmenting the traffic of the Client’s website (“Website”), generating leads, improving conversions, enhancing brand awareness.

3.1.2. grant MWP access to the relevant accounts associated with the Selected Platform(s), such as Google Ads, Instagram Ads, Facebook Ads Manager, TikTok account and/or TikTok ads manager or others (“Account(s)”) and grant permissions to MWP to administer and manage the Account(s) for the purpose of performing the Services;

3.1.3. consent to the collection and processing of the Client’s credit cards details by MWP for the purpose of facilitating payment deduction and fund allocation towards the Advertising Budget and for other purpose as specified in the Invoice(s) or alternatively, ensure that a valid and functional payment method is linked to the Account(s) to enable direct billing by the relevant Selected Platform(s) for all advertising spend. The applicable billing arrangement (via MWP or direct billing) shall be as specified in the Invoice(s) or agreed upon in writing, and the Client shall remain responsible for ensuring that sufficient funds are available to cover the Advertising Budget at all times;  

3.1.4. review and approve advertising content, including headlines, descriptions, and visuals within the time frame stipulated by MWP or, if no time frame has been stipulated, within fourteen (14) days from the date of MWP’s notification to the Client to ensure that the Advertising Campaign(s) align with the Client’s brand and goals;

3.1.5. where the Client-provided talent is involved in any production session relating to the approved content, the Client shall remain solely responsible for ensuring the Client-provided talent’s availability, preparedness, and timely participation. This includes, but is not limited to: (a) coordinating the presence of the Client-provided talent at scheduled shooting session; (b) covering all associated costs, including any payments due to the Client-provided talent; (c) assuming responsibility for any delays, rescheduling, or additional costs arising from the unavailability or lack of preparedness of the Client-provided talent; and (d) securing all necessary consents and approval, in accordance with applicable data protection laws and regulations or other applicable laws, for the use by MWP of the Client-provided talent’s image, personal data, and other likenesses in connection with the production of the approved content.

3.1.6. abide by the terms and conditions, policies and procedures of the Selected Platform(s); 

3.1.7. provide all necessary information and content, including text, copywriting, images, video, logos, media files, high-resolution vector format, brand guidelines, product information, and any other materials required for the purpose of providing the Services and provide additional content such as text content in electronic format containing keyword phrases (“Client’s Content”); 

3.1.8. facilitate and provide information to MWP to communicate directly with any third party connected with the Selected Platform(s) and/or the Website such as third-party developers, hosting providers, or platform vendors; 

3.1.9. provide such other reasonable assistance as MWP may require in order to provide the Services. 

3.2. Apart from MWP’s obligation to carry out the Services, MWP agrees to implement and maintain reasonable security measures to safeguard the confidentiality and security of the Client’s Materials in its possession during the Term. However, MWP shall not be liable for any breaches or losses resulting from events beyond its reasonable control including hacking, ransomware or similar attacks not caused by the act, omission or negligence of MWP.

4. Payment 

4.1. This clause shall be read together with the payment terms as stipulated in the Invoice(s) (“Payment”). The Client shall make the Payment in accordance with the amount, mode, manner and time period specified in the Invoice(s). It is the Client’s responsibility to ensure timely payment and MWP shall not be responsible for any delay or failure in payment caused by the Client’s bank, payment gateway, or any other third-party payment provider. The Client agrees and acknowledges that any delay or failure to make any Payment may result in: 

4.1.1. interest charges at the rate of one per cent (1%) per month on the outstanding Payment;

4.1.2. suspension of the Services until MWP receives the Payment (including interest charges); and/or

4.1.3. termination of the Services, as determined by MWP, and any decision taken by MWP as a result of the delay or failure in any Payment shall not constitute a breach of these Online Advertising and Marketing T&Cs by MWP and MWP shall not incur any liability to the Client for such suspension or termination. 

4.2. MWP reserves the right to set off any advance Payment made by the Client against outstanding amounts due, including but not limited to fee revisions or any other unpaid charges under these Online Advertising and Marketing T&Cs. In such cases, MWP will notify the Client of the set-off. The Client shall have the right to set off any Payment in the event of a breach of these Online Advertising and Marketing T&Cs by MWP. 

4.3. Except as provided in these Online Advertising and Marketing T&Cs, all Payment made by the Client are strictly non-refundable once paid. It is the Client’s responsibility to ensure timely payment and MWP shall not be responsible for any delay or failure in payment caused by the Client’s bank, payment gateway, or any other third-party payment provider.

4.4. If the Services are suspended at any time for a period of forty-five (45) days or for any other period as specified by MWP during the Term due to the Client’s failure to fulfil any of its obligations under these Online Advertising and Marketing T&Cs or if the Client instructs MWP to stop the Services for whatever reasons, MWP reserves the right to charge additional payment to resume the Services after the said period.

4.5. All payment associated with the Services shall be exclusive of any and all applicable taxes and regulatory charges. All withholding tax, government tax, sales and service tax, and other similar taxes shall be borne by the Client.

5. Licence and Ownership of Intellectual Property 

5.1. “Existing Intellectual Property” means all existing intellectual property owned by either party prior to the commencement of the Services. This includes, but is not limited to logos, trademarks, designs, copyrights, patents, domain names, and other proprietary rights, whether registered or unregistered. 

5.2. “MWP’s Existing Intellectual Property” shall include its Existing Intellectual Property and other intellectual property which is owned, licensed to or controlled by MWP such as foundational algorithms, technologies and methodologies used to develop the Commissioned Work (as hereinafter defined). It also includes pre-existing software components, libraries and any features or functionalities of the Commissioned Work that are not developed specifically for the Client’s implementation.

5.3. “MWP’s Tools” means the materials, module, individual lines of code (source code), optimisation techniques, frameworks, design elements, creative aspects of the Services, information, trade secrets, generic programming codes and segments, algorithms, methodologies, processes, tools, data, documents, notes, programming techniques, reusable objects, routines, formulae and templates that: (a) are independently owned, created or developed by MWP and utilised by MWP in connection with the Commissioned Work; (b) are designed to perform generalised functions not specific to the particular requirements of the Client or the Commissioned Work; (c) do not contain any Client’s Materials, Client’s Confidential Information or other information or items provided by the Client; and/or (d) cannot reasonably be expected to provide the Client an advantage over its competitors.

5.4. “Commissioned Work” means the work produced and created by MWP pursuant to the Services including the Deliverables, which shall exclusively be owned by the Client, subject to the terms and conditions set forth in these Online Advertising and Marketing T&Cs.   

5.5. The Client and MWP acknowledge that all Existing Intellectual Property shall remain the exclusive property of the respective parties. MWP retains full ownership rights, including intellectual property rights, to MWP’s Existing Intellectual Property and MWP’s Tools. The Client further acknowledges that the keywords, phrases and/or search terms used for the purpose of the Services are commonly utilised elements that do not typically hold exclusive ownership or intellectual property rights.

5.6. The Client grants MWP a royalty-free, revocable, worldwide, non-exclusive licence to use and display the Client’s Existing Intellectual Property and other intellectual property provided during the Services such as name, logo, and trademark for the purpose of performing the Services and for publicity purposes in MWP’s portfolio, website, social media, promotional and marketing materials.

5.7. Subject to the Client making the Payment, ownership rights, title and interest in the Commissioned Work (excluding MWP’s Existing Intellectual Property, MWP’s Tools or third-party materials incorporated into Commissioned Work) shall vest with the Client. Any non-assignable Commissioned Work will be licenced by MWP to the Client for its use. To the extent that any MWP’s Existing Intellectual Property or MWP’s Tools is incorporated into any Commissioned Work, MWP grants the Client a non-exclusive, revocable, worldwide, royalty-free licence to use them solely for the purpose of utilising the Commissioned Work in connection with the Services as contemplated under these Online Advertising and Marketing T&Cs. Notwithstanding this clause, the Client agrees that MWP reserves the right to feature the Client and/or showcase the Commissioned Work in MWP’s portfolio, website, promotional and marketing materials, including displaying screenshots or publication or linking to final Commissioned Work created under the Services.

5.8. MWP and/or the Client will seek any necessary approvals, releases, licences, permits or other authorisation to use any copyrighted materials, photographs, artwork or any other property or proprietary rights belonging to third parties in connection with the performing of the Services (if applicable). In the event that the Commissioned Work incorporates any third-party materials, the terms and conditions of the relevant third-party licences shall apply, and the Client shall comply with such licences. 

6. Indemnity 

Each party (“Indemnifying Party”) shall indemnify and hold harmless the other party  (“Indemnified Party”) from any and all claims, liabilities, losses, expenses and damages (including reasonable solicitor’s fee and legal cost) arising out of or in connection with any claims, proceedings, actions, or liabilities arising from any breach of any provision of these Online Advertising and Marketing T&Cs by the Indemnifying Party, provided that the indemnity contained herein shall be without prejudice to any other rights or remedies of the Indemnified Party and all such other rights or remedies are hereby expressly reserved to the Indemnified Party.

7. Termination

7.1. Termination for Convenience: Notwithstanding anything contained in these Online Advertising and Marketing T&Cs, either party may terminate these Online Advertising and Marketing T&Cs at any time by serving on the other party not less than thirty (30) days’ prior written notice prior to the intended termination date

7.2. Termination for Cause: If any party:

7.2.1. commits any material breach of any of its obligations under these Online Advertising and Marketing T&Cs and fails to remedy such breach (if capable of being remedied) within thirty (30) days after being given notice to do so by the other party; 

7.2.2. suspends or ceases to operate or otherwise abandons its business;

7.2.3. if it is a body corporate or an entity, a petition is presented (and such petition is not stayed or struck-out within sixty (60) days of the petition being served), a resolution is passed or an order is made, for or in connection with the winding up, whether compulsory or voluntary (except for the purposes of a bona fide reconstruction or amalgamation), or if it is an individual, has bankruptcy proceedings initiated against such individual, or becomes an undischarged bankrupt;

7.2.4. becomes insolvent or is unable to pay its debts or admits in writing its inability to pay its debts as they fall due or enters into any composition or arrangement with its creditors or makes a general assignment for the benefit of its creditors; or

7.2.5. is convicted of a civil or criminal offence or is guilty of a gross misconduct, then the non-defaulting party shall have the right to terminate these Online Advertising and Marketing T&Cs with immediate effect by giving a written notice to the defaulting party. 

7.3. Consequences of Termination: Upon termination of these Online Advertising and Marketing T&Cs:

7.3.1. if the termination for convenience is initiated by the Client under Clause 7.1 or if MWP terminates these T&Cs for cause pursuant to Clause 7.2, any advanced Payment made by the Client to MWP shall be deemed forfeited and non-refundable. If the termination for convenience is initiated by MWP under Clause 7.1 or if the Client terminates these T&Cs for cause pursuant to Clause 7.2, MWP shall refund any unused portion of the advanced Payment to the Client (calculated on a pro-rata basis to reflect work completed up to the date of termination).

7.3.2. upon request by the disclosing party, the receiving party shall immediately return or destroy all Confidential Information (as hereinafter defined) and all copies of such Confidential Information which are in its possession, custody or control to the disclosing party; 

7.3.3. the Client shall: 

(a) promptly pay all the outstanding Payment to MWP up to the date of termination, including any sum incurred relating to non-cancellable commitments and any sum payable upon MWP achieving the KPI (if applicable); 

(b) if applicable, immediately and permanently cease to use, in any manner whatsoever, any Commissioned Work which the Client has not paid in full. 

7.3.4. MWP shall: 

(a) cease to access the Account(s) and the Client’s credit card;

(b) upon request by the Client, cease to use and/or return the Client’s Materials, which are in its possession; and/or

(c) transfer, assign or make available the Commissioned Work to the Client provided there is no outstanding Payment by the Client. 

7.4. Termination of these Online Advertising and Marketing T&Cs shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Online Advertising and Marketing T&Cs which existed at or before the date of termination.

8. Representation and Warranties 

8.1. Each party represents and warrants to the other party that:

8.1.1. it has the full power and authority to enter into, to perform and observe its obligations under these Online Advertising and Marketing T&Cs; and

8.1.2. the execution, performance and observance by it of these Online Advertising and Marketing T&Cs will not result in any breach of any provision contained in any agreement or instrument to which it is a party or by which such party is bound or any laws applicable to it, which in the event of breach may adversely affect the ability of such party to comply with, perform or observe the terms of these Online Advertising and Marketing T&Cs.

8.2. The Client represents and warrants to MWP that all Client’s Materials provided to MWP are true, accurate, complete and comply with all applicable laws, regulations and industry standards. The Client has the absolute legal rights and beneficial ownership over the Client’s Materials or has obtained all necessary permissions, approvals, licences to use the Client’s Materials from any related third party in cases where the Client does not have the ownership or rights over any parts of the Client’s Materials. The Client agrees that MWP shall not be held liable for any claims, copyright infringements, or other legal issues arising from the use of unauthorised or improperly licensed materials supplied by the Client.

9. Disclaimers and Acknowledgement

9.1. MWP does not provide any guarantee, warranty, representation or undertaking:  

9.1.1. on any business, marketing or financial outcomes resulting from the Service;

9.1.2. on the performance, effectiveness, or success of the approved content and/or Advertising Campaign(s) or the achievement of specific click-through rates (“CTR”), conversion rates, or other performance metrics;

9.1.3. as to any changes to the Account(s) made by the Client or any third party, which are not made at MWP direction;

9.1.4. the acceptance, approval, or continued availability of any approved content and/or Advertising Campaign(s) on the Platform, nor that such content or campaign will remain unflagged, unrestricted, or accessible at all times. 

9.2. The Client acknowledges that:

9.2.1. MWP has the discretion to allocate and manage the Advertising Budget in a manner that best serves the objectives of the Advertising Campaign(s) which may include utilising features like CTR and/or pay-per-click (“PPC”), cost-per-impression (“CPM”), or other bidding models or tools provided by the Selected Platform(s);

9.2.2. While MWP will manage the Advertising Campaign(s) in a manner that align with the Client’s objectives, the Client understands that MWP has no control over the actual spend, algorithmic placements, or charges incurred through the use of such features, which are determined by the Platform;

9.2.3. upon exhaustion of the agreed Advertising Budget, MWP will not be able to continue performing the Services and the Client shall be required to make a decision as to whether to top up the Advertising Budget to facilitate the Services;

9.2.4. the position and display of Advertising Campaign(s) on the Selected Platform(s) may vary and are subject to the algorithms and guidelines of the respective Selected Platform(s) and MWP has no control as to any changes to the Selected Platform(s)’ policies and procedures;

9.2.5. the Client is responsible for ensuring that the content of the Advertising Campaign(s) complies with all applicable laws and regulations;

9.2.6. the Services may be affected if the Client or its personnel make changes to the Account(s) without first consulting MWP including making any changes to the campaign tracking setup, linked landing pages, custom audiences, pixel settings, or any backend configurations that may affect the Account(s), the approved content and/or the delivery or performance of the Advertising Campaign(s);

9.2.7. the integration of third-party services, plugins, or components into the Selected Platform(s) may introduce inherent complexities beyond the direct control of MWP. In the event that any errors or issues arise from the integration of such third-party elements, MWP hereby expressly disclaims any liability for resulting losses, damages, or adverse effects experienced by the Client. It is the sole responsibility of the Client to diligently assess and manage risks associated with third-party integrations, including conducting thorough due diligence on the reliability and compatibility of the selected third-party services;

9.2.8. failure to maintain the Account(s) may result in temporary or permanent unavailability or loss of access of the Account(s), MWP shall not be held responsible for any consequences arising from the Client’s failure to maintain  the Account(s);

9.2.9. MWP relies on the Client’s Material to perform the Services and the Client shall promptly notify MWP of any changes, updates, or corrections to the Client’s Material. Failure to provide timely and accurate Client’s Material may result in delays, errors, suboptimal performance of the Services, which may impact the overall effectiveness of the Services or result in extra charges for MWP’s time and work; and

9.2.10. the Client’s active participation and timely provision of content, feedback, and approval are vital for the performance and timely completion of the Services. Any delays caused by the Client’s failure to fulfil its obligations as prescribed in these Online Advertising and Marketing T&Cs may result in adjustments in timelines and/or additional charges.

10. Limitation of Liability  

To the fullest extent permitted by laws, MWP (including its affiliates, directors and employees) shall not be liable for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Client of an indirect, special or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. If any limitation or exclusion of liability in these Online Advertising and Marketing T&Cs is not enforceable, MWP’s total liability for any claim arising out of or relating in any manner shall not exceed the total Payment paid by the Client.

11. Confidentiality

Each party agrees to keep all information received from the other party in connection with these Online Advertising and Marketing T&Cs confidential. Both parties agree not to disclose, share or use the confidential information for any purpose other than the performance of their obligations under these Online Advertising and Marketing T&Cs, except as required by law or with prior written consent of the disclosing party. This obligation shall cease to have effect if any confidential information becomes publicly available (other than by breach of these Online Advertising and Marketing T&Cs).

12. General 

12.1. All notices, demands or other communications required or permitted to be given or made hereunder shall be in writing and delivered personally or sent by prepaid registered post with recorded delivery, or by courier or email transmission addressed to the intended recipient thereof at its address or at its email address as provided in the Invoice(s) (or to such other address or email address as a party to these Online Advertising and Marketing T&Cs may from time to time duly notify the other). Any such notice, demand or communication shall be deemed to have been duly served (if delivered personally or given or made by email) immediately or (if given or made by registered post or courier) three (3) days after posting, and in proving the same it shall be sufficient to show that personal delivery was made or that the envelope containing such notice was properly addressed as a prepaid registered letter or that the email was properly addressed and sent.

12.2. The parties shall comply with all applicable laws relating to personal data protection and shall only collect, use, disclose and process personal data in full compliance with the personal data protection laws in Malaysia.

12.3. Each party shall bear its own costs and expenses as may be incurred in connection with the preparation, execution and implementation of these Online Advertising and Marketing T&Cs. 

12.4. Neither party shall be liable for failure to perform due to such acts of God or terrorism, earthquakes, riots, war, fire, pandemic, epidemics, medical outbreak, governmental restrictions and other like events of similar nature beyond its own reasonable control. If any party is or is likely to be, affected by any such event it will immediately notify the other party of the occurrence of the relevant event and will use all reasonable endeavours to overcome or mitigate the effects thereof. For the avoidance of doubt, inability to pay or other circumstances which may make the terms of these Online Advertising and Marketing T&Cs unattractive to a party shall not fall within the ambit of this clause. Either party may choose to terminate these Online Advertising and Marketing T&Cs if the relevant event continues for more than two (2) months from the date of such notification.

12.5. Neither party shall assign or transfer its rights and obligations under these Online Advertising and Marketing T&Cs without the prior written consent of the other party, which consent shall not be unreasonably withheld. 

12.6. Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the parties.

12.7. No waiver of any breach of these Online Advertising and Marketing T&Cs shall be deemed to be a waiver of any other or of any subsequent breach. The failure of any party to enforce at any time any of the provisions of these Online Advertising and Marketing T&Cs shall in no way be interpreted as a waiver of such provision. 

12.8. The rights and remedies provided in these Online Advertising and Marketing T&Cs are cumulative, and are not exclusive of any rights or remedies of the parties provided at laws, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the party shall not constitute a waiver by such party of the right to pursue any other available remedies.

12.9. If any or any part of the provisions contained in these Online Advertising and Marketing T&Cs shall be determined invalid, unlawful or unenforceable to any extent, such provision shall be severed from these Online Advertising and Marketing T&Cs and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

12.10. The interpretation, construction and performance of these Online Advertising and Marketing T&Cs shall be governed exclusively by the laws of Malaysia (without regard to any conflicts of laws principles) and the parties expressly submit irrevocably to the jurisdiction of the courts of Malaysia.

12.11. Any difference or dispute between the parties concerning these Online Advertising and Marketing T&Cs shall be settled amicably through mutual consultation and/or negotiations between the parties within thirty (30) days from the date where the dispute has arisen, or such other date as the parties may otherwise agree in writing before initiating any legal action or proceedings.

12.12. These Online Advertising and Marketing T&Cs shall be binding upon and inure for the benefit of the respective heirs, personal representatives, successors-in-title or permitted assigns, as the case may be, of the parties.

12.13. Time whenever mentioned shall be the essence of these Online Advertising and Marketing T&Cs.

12.14. MWP may amend these Online Advertising and Marketing T&Cs from time to time by publishing the updated version on the relevant web link. The updated Online Advertising and Marketing T&Cs will take effect on the date stated in the “Last Updated” notice at the top of this page. Continued use of the Services after the effective date of any changes constitutes the Client’s acceptance of the amended Online Advertising and Marketing T&Cs. If the Client objects to the amended Online Advertising and Marketing T&Cs, the Client must notify MWP in writing. Both Parties shall then engage in good faith to resolve the objection or agree on the applicable terms. Until resolution is reached, the existing version (as last agreed or accepted) will continue to apply for the remainder of the then-current Term, unless otherwise agreed in writing.

12.15. MWP operates from Monday to Friday, between the hours of 9:30 a.m. to 5:30 p.m., or as otherwise informed by MWP. Any documents, messages, or requests submitted by the Client outside of these operating hours or during public holidays will be reviewed and processed on the next working day. MWP will make reasonable efforts to accommodate last-minute requests from the Client; however, such tasks will be subject to availability, with priority given to pre-scheduled commitments, and may be subject to an additional fee as communicated by MWP.