1. Acceptance of these Terms
These Terms of Service ("Terms") govern your access to and use of the website at mediafunnel.co ("Website") and the services provided by Media Funnel Sdn Bhd (Company No. 1368444-A) ("Media Funnel", "we", "us", "our").
By accessing the Website, submitting an enquiry, or engaging us for services, you agree to these Terms. If you do not agree, please do not use the Website or our services.
2. About Media Funnel
Media Funnel Sdn Bhd is a marketing agency registered in Malaysia, providing AI-first marketing services including but not limited to website builds, AI SEO and GEO, Meta Ads management, Google Ads management, and AI consulting and training. We are an HRD Corp accredited training provider.
3. Services and engagements
The descriptions of services on this Website are for general information. They are not contractual offers. Specific deliverables, timelines, fees, and obligations for each engagement are governed by a separate service agreement, scope of work, or proposal ("Engagement Agreement") signed between you and Media Funnel.
Where there is any inconsistency between these Terms and an Engagement Agreement, the Engagement Agreement shall prevail with respect to that engagement.
4. Enquiries and bookings
When you submit an enquiry form, book a discovery call, or contact us via WhatsApp, email, or phone, you confirm that the information you provide is accurate and that you are authorised to make the enquiry on behalf of any organisation you represent.
A discovery call or proposal does not, on its own, create a binding agreement to deliver services. Services begin only once an Engagement Agreement is signed and any required initial payment is received.
5. Fees and payment
Fees, billing schedule, and payment terms for any engagement are stated in the Engagement Agreement. Unless otherwise agreed in writing:
- Invoices are payable within 14 days of issue.
- Late payments may incur a service charge or suspension of work.
- All fees are exclusive of applicable Malaysian taxes (e.g. SST), which will be added where required by law.
- Third-party costs (e.g. ad spend, software licences, stock media, hosting) are billed at cost or as separately stated.
6. Training programmes and HRD Corp claims
For HRD Corp claimable training programmes, the participating employer is responsible for submitting the claim through the HRD Corp portal in accordance with HRD Corp rules. We provide the documents required for claim submission (e.g. attendance, invoices, training materials).
Refunds for training programmes are subject to the cancellation terms stated in the relevant Engagement Agreement or programme registration.
7. Your obligations
To enable us to deliver our services effectively, you agree to:
- Provide timely, accurate, and complete information, materials, and approvals.
- Grant the access we reasonably need (e.g. ad accounts, analytics, CMS) under appropriate user roles.
- Comply with all applicable laws and the policies of relevant platforms (e.g. Meta, Google, TikTok).
- Not provide content that is illegal, infringing, defamatory, misleading, or otherwise harmful.
- Pay invoices on time per the agreed schedule.
8. Intellectual property
Subject to full payment, we assign or licence to you the deliverables created specifically for your engagement, as detailed in the Engagement Agreement.
We retain ownership of our pre-existing tools, methodologies, frameworks, templates, internal documentation, and any general know-how that is not specific to your engagement. We may use anonymised case data, learnings, and aggregated metrics for our own marketing and improvement purposes, without identifying you unless we have your written consent.
All Website content (text, graphics, logos, code, design) is owned by Media Funnel or our licensors. You may not copy, redistribute, or use it for commercial purposes without prior written permission.
9. Confidentiality
Each party will treat the other party's non-public information shared during an engagement as confidential, and will not disclose it to third parties except where (a) required by law, (b) necessary for delivering the services, or (c) the information is already public through no fault of the receiving party.
These confidentiality obligations survive termination of the engagement.
10. Third-party platforms
Many of our services depend on third-party platforms (e.g. Meta, Google, hosting providers, analytics tools, scheduling tools). We do not control these platforms, their availability, their pricing, their policies, or their algorithms. Performance fluctuations or platform changes are outside our control, and any timelines or projections we provide are estimates, not guarantees.
11. Reasonable efforts, no guaranteed outcomes
We will perform our services with reasonable skill, care, and professionalism. However, marketing outcomes (e.g. rankings, AI citations, conversions, ROAS, leads) depend on many factors beyond our control. Unless explicitly stated in writing, we do not guarantee any specific result, ranking, traffic level, or revenue figure.
12. Limitation of liability
To the maximum extent permitted by Malaysian law:
- We are not liable for indirect, consequential, incidental, special, or punitive losses, including loss of profit, revenue, business, goodwill, or data.
- Our total aggregate liability for any claim arising out of or in connection with the Website or any engagement is limited to the fees paid by you to Media Funnel in the 6 months preceding the event giving rise to the claim.
- Nothing in these Terms limits liability for fraud, gross negligence, or anything that cannot be limited under Malaysian law.
13. Termination
Either party may terminate an engagement in accordance with the termination clauses of the relevant Engagement Agreement. Where the Engagement Agreement is silent, either party may terminate by giving 30 days' written notice.
On termination, you will pay for all work performed and all third-party costs incurred up to the termination date. Provisions that by their nature should survive termination (e.g. confidentiality, IP, liability, governing law) will continue in force.
14. Acceptable use of the Website
You agree not to:
- Reverse-engineer, scrape, or systematically extract content from the Website beyond what is permitted by robots.txt or applicable law.
- Attempt to interfere with the security or operation of the Website.
- Use the Website to transmit malware, spam, or unlawful content.
- Misrepresent your identity or your authority to act for any organisation.
15. Changes to these Terms
We may update these Terms from time to time. The "Effective" date at the top reflects the most recent version. Material changes will be communicated via the Website or, where appropriate, by direct notice. Continued use of the Website or our services after changes take effect constitutes acceptance of the updated Terms.
16. Governing law and jurisdiction
These Terms are governed by the laws of Malaysia. Any dispute arising out of or in connection with these Terms or any engagement shall be subject to the exclusive jurisdiction of the courts of Malaysia, save that we may seek interim or injunctive relief in any competent jurisdiction.
17. Contact
For questions about these Terms, please contact us:
- Email: hello@mediafunnel.co
- Phone / WhatsApp: +60 11-4041 3149
- Post: Media Funnel Sdn Bhd, No. 2-3, Jalan PJS 11/28A, Bandar Sunway, 46150 Petaling Jaya, Selangor, Malaysia.