Terms & Conditions

Agreement to Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between Digital Haki ("we", "us", "our"), a digital agency based in Subang Jaya, Selangor, Malaysia, and you ("Client", "you") — the individual or business engaging our services.

By submitting an enquiry, signing a project proposal, making a payment, or otherwise engaging Digital Haki's services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not proceed with an engagement.

Services

Digital Haki provides the following services, as detailed in individual project proposals:

• Website design and development (custom builds, WordPress, Shopify)
• Search engine optimisation (SEO) — on-page, technical, and local SEO
• Brand identity design — logo, visual systems, brand guidelines
• UI/UX design — user research, wireframes, prototyping
• Conversion rate optimisation (CRO) — audits, A/B testing, funnel improvements
• Google Business Profile setup and optimisation
• Copywriting in Bahasa Malaysia and English
• Ongoing monthly retainer support

The exact scope, deliverables, timeline, and pricing for each engagement are defined in a written Project Proposal issued before work begins. Services not listed in the approved proposal are considered out of scope and subject to a separate quote.

Project Process & Deliverables

All projects follow a structured process outlined in the proposal. The standard stages are: Research & Strategy, Design, Development, and Launch & Handover.

Timelines

Quoted timelines begin from the date we receive: (a) your signed proposal or written approval, (b) the deposit payment, and (c) all required content and materials from you. Delays in providing content will extend the timeline proportionally, at no fault of Digital Haki.

If Digital Haki misses an agreed milestone deadline through our own fault, the affected sprint or phase will be delivered at no additional charge.

Delivery & handover

On project completion, we will provide you with full admin access to your website, all source files, and a handover session. You own everything we build for you. No files are withheld pending future payments, provided all invoices have been settled.

Acceptance

A project is considered accepted when you provide written approval (email is sufficient), or when 14 days have passed since delivery without any written objection. Accepted work is considered final and any further changes will be scoped as new work.

Payment Terms

Standard payment structure

Project Value	Deposit (on kickoff)	Balance (on delivery)
Below RM 5,000	100% upfront	—
RM 5,000 – RM 9,999	50%	50%
RM 10,000 and above	50%	25% mid-project · 25% on delivery

Invoices & payment methods

• Invoices are due within 7 calendar days of issue unless otherwise stated in the proposal.
• Accepted payment methods: bank transfer (Maybank, CIMB, Public Bank), FPX, and debit/credit card.
• All prices are in Malaysian Ringgit (RM) and are exclusive of any applicable taxes unless stated.

Late payments

Work will be paused on any project where an invoice is overdue by more than 14 days. Digital Haki reserves the right to charge a late payment fee of 1.5% per month on outstanding balances. Ownership of deliverables does not transfer until full payment is received.

Monthly retainers

Retainer fees are billed at the start of each month and are non-refundable for that month once work has commenced. Unused hours do not roll over to the following month.

Revisions & Change Requests

Each package includes a defined number of revision rounds as stated in your proposal. A revision round means a consolidated set of feedback applied in one pass — not individual changes submitted one at a time over multiple days.

Package	Revision Rounds
Starter	2 rounds
Growth	Unlimited rounds (within agreed scope)
Conqueror	Unlimited rounds (within agreed scope)

Revisions that fall within the original scope are included. Requests that change the scope — new pages, new features, significant redesigns, or content not provided in the brief — are treated as change requests and will be quoted separately before work proceeds.

We encourage you to consolidate all feedback per round. Fragmented or contradictory feedback that requires rework beyond the agreed scope may be subject to additional charges.

Client Responsibilities

A successful project is a two-way effort. To keep things moving on schedule, you agree to:

• Provide all required content (text, images, logos, brand assets) within the timeframe agreed in the proposal. Standard content deadline is 5 working days from project kickoff.
• Respond to design approvals and feedback requests within 5 working days. Delays beyond this may result in the project timeline being pushed back.
• Nominate a single point of contact on your side who has the authority to approve decisions. Conflicting instructions from multiple stakeholders may result in additional revision charges.
• Ensure that any content, images, or materials you supply do not infringe any third-party intellectual property rights. You take full responsibility for content you provide.
• Obtain any necessary permissions or licences for images, fonts, or software you request us to use.
• Maintain your own backups of website content once the site has been handed over.

Intellectual Property & Ownership

What you own

Upon receipt of full payment, you own all final deliverables produced specifically for your project — including website code, design files, logo artwork, and written copy created by Digital Haki. Full ownership transfers to you on the date of final payment.

What we retain

• Digital Haki retains the right to display completed work in our portfolio, case studies, and marketing materials, unless you request otherwise in writing.
• We retain ownership of any tools, templates, frameworks, or proprietary processes developed by Digital Haki that are used in your project but are not created exclusively for you.
• Third-party assets (stock photography, icon libraries, fonts, plugins) remain subject to their original licences. We will advise you on any licence requirements that affect you.

Before full payment

All work in progress remains the intellectual property of Digital Haki until all outstanding invoices are settled. We reserve the right to withhold delivery of final files until full payment is received.

Confidentiality

Both parties agree to treat all non-public information shared during the engagement as confidential. This includes business strategies, pricing, unreleased products, customer data, and any materials marked as confidential.

Digital Haki will not disclose your confidential information to any third party without your written consent, except where required by law or where disclosure is necessary to deliver the agreed services (e.g. sharing assets with a trusted subcontractor who is bound by the same confidentiality obligations).

This obligation of confidentiality survives the termination of the engagement and continues for a period of 3 years after the project closes.

Warranties & Disclaimers

What we warrant

• All work will be performed with reasonable skill, care, and professionalism.
• Websites we deliver will function as specified in the proposal at the time of delivery.
• We will address any bugs or technical defects reported within 30 days of launch at no additional charge, provided the defect is not caused by client-side changes or third-party updates.

What we do not warrant

• SEO results: We cannot guarantee specific search rankings or traffic volumes. Search engine algorithms are controlled by Google and change frequently. We guarantee best practices, transparency, and measurable improvement — not a specific ranking position.
• Business outcomes: A well-built website and strong SEO are tools. Conversion rates and revenue depend on many factors outside our control, including your pricing, market conditions, and sales process.
• Third-party services: We are not responsible for downtime, data loss, or changes in service caused by hosting providers, domain registrars, Google, or any other third-party platform.
• Post-handover changes: We are not responsible for issues arising from modifications made to the website by the client or a third party after handover.

Limitation of Liability

To the fullest extent permitted by Malaysian law, Digital Haki's total liability to you for any claim arising out of or in connection with our services — whether in contract, tort, or otherwise — shall not exceed the total fees paid by you for the specific project or service giving rise to the claim.

Digital Haki shall not be liable for any:

• Loss of profits, revenue, or business opportunities
• Loss of data or corruption of data
• Indirect, consequential, or special damages of any kind
• Losses caused by your failure to fulfil your responsibilities under these Terms
• Losses arising from third-party platform outages, algorithm changes, or policy updates

Termination

Termination by the client

You may cancel a project at any time by providing written notice. The following applies upon cancellation:

• The deposit is non-refundable as it covers research, planning, and resource allocation already committed.
• Any work completed beyond the deposit stage will be invoiced at a pro-rata rate based on the project fee and work completed to date.
• All work completed and paid for will be delivered to you within 7 working days of final payment.

Termination by Digital Haki

We reserve the right to terminate an engagement with written notice if:

• An invoice remains unpaid for more than 30 days after the due date
• You request us to produce content that is illegal, defamatory, or infringes third-party rights
• The working relationship becomes untenable due to repeated bad-faith conduct

In such cases, you will be invoiced for all work completed to date. Any amounts already paid in excess of work completed will be refunded.

Monthly retainers

Either party may terminate a monthly retainer with 30 days' written notice. The retainer fee for the notice month is payable in full.

Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of Malaysia. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the Malaysian courts.

Before initiating any formal legal proceedings, both parties agree to make a genuine effort to resolve disputes through direct negotiation. If a resolution cannot be reached within 30 days of written notice of dispute, either party may pursue formal legal remedies.

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable. All other provisions remain in full force.

Contact Us

If you have any questions about these Terms or wish to discuss anything before engaging our services, we're happy to talk it through.

These Terms were last updated on 25 May 2025. Digital Haki reserves the right to update these Terms at any time. Continued engagement after any update constitutes acceptance of the revised Terms.