These Terms & Conditions (“Terms”) govern your use of the website cressoft.net and the digital marketing services provided by Cressoft Marketing (“Cressoft”, “we”, “our”, or “us”). By accessing our website or engaging our services, you confirm that you have read, understood, and agreed to be bound by these Terms.
1. About us
Cressoft Marketing is a digital marketing agency based at Cova Square, Kota Damansara, Malaysia. You can reach us at info@cressoft.net or +6011 2889 0942.
2. Use of our website
You agree to use our website lawfully and in a manner that does not infringe on the rights of, restrict, or inhibit anyone else’s use of the site. In particular, you agree not to:
- Attempt to gain unauthorised access to any part of our website, systems, or networks.
- Upload or transmit any virus, malware, or harmful code.
- Use automated tools (bots, scrapers, crawlers) to extract data from the site without our prior written consent, except for legitimate search-engine indexing.
- Reproduce, copy, or resell any portion of the website for a commercial purpose without our written permission.
We reserve the right to suspend or restrict access to the website at any time, with or without notice, for any reason.
3. Services and engagement
Cressoft provides digital marketing services including but not limited to search engine optimisation (SEO), Google Ads and paid media management, social media marketing, content production, branding, web design and development, and related consulting work. The specific scope, deliverables, timeline, and fees for any engagement will be set out in a separate proposal, statement of work, or contract (“SOW”). If anything in the SOW conflicts with these Terms, the SOW will prevail for that engagement.
4. Quotations and proposals
Quotations and proposals issued by Cressoft are valid for 30 days from the date of issue, unless otherwise stated. A project is confirmed only when both parties have signed the SOW (or otherwise accepted it in writing) and any required deposit has been received.
5. Fees, invoicing & payment
- Fees are quoted in Malaysian Ringgit (MYR) unless stated otherwise and are exclusive of any applicable taxes (e.g. SST), bank charges, third-party media spend, or licence fees.
- For one-off projects, we typically require a deposit of 30–50% before work begins, with the balance invoiced according to the milestones in the SOW.
- Retainers and recurring services are invoiced monthly in advance unless otherwise agreed.
- Invoices are due within 14 days of the invoice date unless a different term is stated on the invoice or in the SOW.
- Late payments may, at our discretion, attract interest of 1.5% per month on the outstanding balance, and we reserve the right to suspend ongoing work until the account is brought up to date.
- Third-party costs — including ad spend, software subscriptions, stock assets, and hosting — are passed through to the client unless explicitly included in the SOW.
6. Client responsibilities
To enable us to deliver our services on time and on budget, you agree to:
- Provide timely access to relevant accounts, platforms, brand assets, content, and approvals.
- Designate a single point of contact who is empowered to make decisions and approve deliverables.
- Provide feedback, sign-offs, and content within the timelines agreed in the SOW. Delays caused by the client may shift project timelines and may incur additional fees.
- Ensure that any materials you provide (text, images, videos, logos, data, etc.) are accurate, do not infringe third-party rights, and comply with applicable laws.
7. Revisions and change requests
Each deliverable includes a reasonable number of revision rounds as set out in the SOW. Additional revisions, scope changes, or new requirements outside the agreed scope will be quoted separately as a change request and will be invoiced accordingly.
8. Intellectual property
- All content on our website (including text, graphics, logos, code, and design) is owned by or licensed to Cressoft and is protected by Malaysian and international intellectual-property laws.
- On full payment of all fees due, ownership of the final deliverables created specifically for your project transfers to you, except for any third-party assets, open-source components, fonts, stock media, or proprietary tools and frameworks owned by Cressoft.
- Cressoft retains the right to use deliverables, project outcomes, and case-study information in our portfolio, marketing materials, and pitches, unless otherwise agreed in writing.
9. Confidentiality
Both parties agree to keep each other’s confidential information secure and to use it only for the purposes of the engagement. This obligation continues after the engagement ends. Confidential information does not include information that is already public, was lawfully received from a third party, or is required to be disclosed by law.
10. Performance and results
Digital marketing depends on many factors outside our control — including search-engine algorithms, ad-platform policies, market conditions, competitor activity, and the quality of the underlying product or service. While we apply proven strategies and best practices, Cressoft does not guarantee specific rankings, traffic, leads, conversions, or revenue outcomes unless explicitly stated in writing.
11. Third-party platforms
Many of our services involve third-party platforms (Google, Meta, TikTok, hosting providers, CRMs, etc.). We are not responsible for changes those platforms make to their terms, pricing, features, or policies, nor for outages, data loss, account suspensions, or rejected ads caused by those platforms.
12. Termination
- Either party may terminate an ongoing engagement by giving the notice period specified in the SOW (typically 30 days’ written notice).
- Either party may terminate immediately if the other party commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent.
- On termination, you remain liable for all fees and third-party costs incurred up to the termination date, including work performed but not yet invoiced.
13. Limitation of liability
To the maximum extent permitted by law, Cressoft’s total aggregate liability arising out of or in connection with these Terms or any engagement shall not exceed the total fees paid by you to Cressoft in the three (3) months immediately preceding the event giving rise to the liability. We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill.
14. Indemnity
You agree to indemnify and hold Cressoft harmless from any claim, loss, or damage (including reasonable legal fees) arising from materials you provide, your use of the deliverables in breach of these Terms, or your violation of any law or third-party right.
15. Force majeure
Neither party will be liable for any failure or delay in performance caused by events outside its reasonable control, including natural disasters, pandemics, government action, war, civil unrest, internet or utility outages, or third-party platform failures.
16. Privacy
Our handling of personal data is governed by our Privacy Policy, which forms part of these Terms.
17. Governing law and disputes
These Terms are governed by 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. The parties agree to first attempt to resolve any dispute through good-faith discussions before initiating formal proceedings.
18. Changes to these Terms
We may revise these Terms from time to time. The “Last updated” date above will reflect the most recent changes. Continued use of our website or services after a change constitutes acceptance of the revised Terms.
19. Contact us
For any questions about these Terms, please get in touch:
- Email: info@cressoft.net
- Phone / WhatsApp: +6011 2889 0942
- Address: Cova Square, Kota Damansara, Malaysia