Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website and services provided by Zapeus Agency Sdn Bhd 202401008706 (1554556-X), trading as Zapeus Marketing ("Zapeus", "we", "us", or "our"). By accessing www.zapeus.com or engaging our services, you agree to these Terms.

1. Acceptance of terms

By using our website or engaging Zapeus for any service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are agreeing on behalf of a company or other organisation, you confirm that you have the authority to bind that organisation. If you do not agree with these Terms, please do not use our website or services.

2. Description of services

Zapeus is a performance marketing agency based in Malaysia. Our services include the management of paid advertising on Meta (Facebook and Instagram), Google, and TikTok, as well as content creation such as short-form video production and product photography. The specific scope, deliverables, and timelines for any engagement are defined in a separate service agreement or proposal agreed between you and Zapeus.

3. Engagement and payment

Our services start from RM1,500 per month and are billed on a month-to-month basis with no long-term lock-in contract, unless a different arrangement is set out in your service agreement. Fees, billing cycles, and any ad spend handled on your behalf are confirmed in writing before work begins. Media spend on advertising platforms is separate from our management fees and is either funded directly by you or billed through us as agreed.

Invoices are payable within the period stated on the invoice. We may pause or suspend services where invoices remain unpaid beyond the agreed terms.

4. Client responsibilities

You agree to:

• Provide timely access to the accounts, assets, and information we need to deliver the work, including advertising accounts, brand assets, and product details
• Review and approve materials, budgets, and recommendations within reasonable timeframes
• Ensure that any content, claims, products, or services you ask us to promote are accurate, lawful, and compliant with applicable advertising rules and platform policies
• Maintain the appropriate licences, permits, and consents required to operate your business and run the advertising campaigns

Delays or incomplete information on your side may affect timelines and results, and are outside our control.

5. Intellectual property

Subject to full payment of the relevant fees, deliverables we create specifically for you, such as final ad creatives, videos, and photographs, are licensed to you for use in your marketing. Zapeus retains ownership of its own pre-existing materials, tools, templates, processes, and know how. Unless agreed otherwise, Zapeus may reference completed work and high-level results in its portfolio and case studies in a way that does not disclose your confidential information.

6. Confidentiality

Each party agrees to keep confidential any non-public information shared by the other party in the course of an engagement, and to use it only for the purpose of delivering or receiving the services. This obligation does not apply to information that is already public, independently developed, or required to be disclosed by law.

7. Third-party platforms

Our services rely on third-party platforms such as Meta, Google, and TikTok. These platforms set their own policies, pricing, approval processes, and algorithms, all of which can change without notice. Zapeus does not control these platforms and is not responsible for their decisions, including ad disapprovals, account restrictions, downtime, or changes in performance. You agree to comply with the terms of any third-party platform used in your campaigns.

8. Limitation of liability

Marketing involves factors outside our control, and we do not guarantee specific sales, revenue, rankings, or campaign results. We will perform our services with reasonable skill and care. To the maximum extent permitted by law, Zapeus is not liable for any indirect, incidental, or consequential losses, and our total liability arising out of or relating to the services is limited to the fees you paid to us for the service in question during the three months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under Malaysian law.

9. Termination

Either party may end a month-to-month engagement by giving written notice as set out in the service agreement. On termination, you remain responsible for fees and committed ad spend up to the effective end date. We will hand back access and reasonable deliverables for which payment has been made. We may suspend or terminate services immediately if you breach these Terms or use our services for unlawful purposes.

10. Governing law

These Terms are governed by the laws of Malaysia. Any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the courts of Malaysia.

11. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of our website or services after any change means you accept the updated Terms.