TERMS AND CONDITIONS
Terms and Conditions
The general terms governing website use and the provision of marketing services by Bumbu Agency.
Last updated
1. Parties and application
These terms apply to use of bumbu.agency and set out the general conditions under which Bumbu Agency Sdn Bhd (“Bumbu”, “we” or “us”) provides services. A service engagement begins when the client and Bumbu accept a written quotation, proposal or statement of work. Where a specific provision of that written agreement conflicts with these general terms, the specific provision prevails to the extent permitted by law.
2. Scope, fees and change requests
The accepted quotation sets out the services, deliverables, fees, payment schedule and any assumptions or exclusions. Unless otherwise agreed, fees for management or development are separate from advertising spend, platform charges, domains, hosting, licences and other third-party costs. Material changes to scope, fees or timelines require written agreement before additional work proceeds.
Where work depends on an agreed advance payment, access or approval, the delivery schedule may be adjusted if the dependency is not met. If a payment remains overdue, we may notify the client and pause affected work, subject to the written agreement and applicable law. The parties should promptly discuss any disputed charge and pay any undisputed amount when due.
3. Client materials, instructions and approvals
The client must provide accurate information, timely approvals and the account access reasonably required for the agreed work. The client confirms that it is authorised to provide its materials and instructions, including product claims, offers, logos and customer lists. Each party is responsible for its own acts and omissions and must comply with applicable laws and relevant platform rules.
For database messaging, the client must be able to demonstrate that recipients may lawfully be contacted and must supply or honour applicable opt-outs. Bumbu may decline or pause an instruction if it reasonably appears to breach applicable law, platform rules, or agreed account and data safeguards. We will explain the issue where practicable so the parties can discuss a compliant alternative.
4. Advertising accounts, platforms and results
Third-party services are subject to their own policies, charges and availability. Platforms may review, reject, suspend or change campaigns or accounts. We will exercise reasonable care and skill in performing the agreed work. Unless we expressly agree otherwise in writing, forecasts or objectives are planning estimates, and we do not guarantee specific sales, leads, return on ad spend, ranking or approval.
The written scope should identify who owns and administers each account, who pays the platform directly, and what access will be returned or removed at the end of the engagement. A campaign being paused does not automatically cancel the management engagement.
5. Deliverables and intellectual property
Each party retains rights to materials, tools and intellectual property it owned before the engagement. The client permits Bumbu to use supplied materials as necessary to perform the work. Ownership, licensing and handover of custom deliverables, source files, working files and reusable components are governed by the accepted quotation or other written agreement. Third-party fonts, stock media, code and software remain subject to their applicable licences.
6. Confidentiality and personal data
Each party should protect confidential information received from the other and use it only for the engagement, except where disclosure is authorised, legally required or necessary to obtain professional advice under appropriate confidentiality obligations. The parties will agree any additional handling requirements for client-supplied personal data where needed. See our Privacy Policy for information about data we process for our own business purposes.
7. Ending or suspending an engagement
Either party may request cancellation or suspension in writing, subject to the agreed notice period and any outstanding obligations. On termination, the parties will reconcile fees and approved third-party costs, confirm the status of campaigns and arrange any agreed handover. Amounts due back to the client will be assessed under our Refund Policy, the written agreement and applicable law.
8. Liability, disputes and applicable law
The parties remain responsible for their contractual obligations. Bumbu is not responsible for outcomes caused solely by a client’s unauthorised changes, inaccurate materials or third-party outages beyond our reasonable control, except to the extent that we contributed to the loss or the law provides otherwise. Nothing in these terms limits liability or a remedy that cannot lawfully be limited.
These terms are governed by Malaysian law, subject to any mandatory rights and remedies. We encourage clients to contact us in writing with the relevant quotation or invoice details so the parties can attempt to resolve any dispute. This does not prevent either party from pursuing a remedy available under applicable law.
9. Updates
We may update these general terms from time to time. Updates apply prospectively and do not amend an existing written engagement unless the parties agree or applicable law requires otherwise.