Terms of Service
Effective date: 17 September 2025
1) Who we are and how these terms work
1.1 These Terms of Service govern your use of the website at whoosh-media.com and any enquiry you make through it. They also set baseline commercial terms for our professional services unless a separate signed agreement or statement of work says otherwise.
1.2 “Whoosh Media”, “we”, “us” and “our” refer to the Whoosh Media group operating in Malaysia and Singapore. Public contact details and service descriptions are listed on our websites. The Malaysian office is shown as No.16-7 Infinity Tower, Jalan SS6/3, 47301 Petaling Jaya, Selangor with published phone and WhatsApp contacts, and the Singapore office is shown as 101 Kitchener Road #02-41 Jalan Besar Plaza, Singapore 208511. Services advertised include branding, content marketing, social media marketing, SEO, web design and development, UI and UX design, and related solutions.
1.3 By accessing the site or engaging us, you accept these terms. If you do not agree, do not use the site or services.
2) Relationship with client agreements
2.1 If we both sign a master services agreement, proposal or statement of work, that document prevails if it conflicts with these terms.
2.2 These terms are aimed at business users and are not intended for consumers.
3) Using the site
3.1 You may browse the site and submit enquiries in good faith. Do not try to disrupt the site, bypass security, scrape content, reverse engineer code, or upload unlawful material.
3.2 We may suspend or restrict access to protect the site or comply with law.
3.3 Content on the site is for general information. It is not legal, financial or technical advice. You should obtain independent advice before relying on any information.
4) Our services at a glance
4.1 We provide marketing and creative services which may include strategy, branding, design, content creation, SEO, paid media, web design and development, UI and UX, analytics and related consulting. The exact scope, deliverables and timelines will be set in a written proposal or statement of work.
4.2 Any performance figures, case studies or examples are illustrative. Outcomes depend on many factors outside our control, including market conditions, platform policies and your own inputs.
5) Your responsibilities
You agree to:
a) provide accurate and timely information, brand assets and approvals
b) secure all necessary rights, licences and consents for materials you supply
c) comply with laws and platform rules, including advertising standards and data protection
d) keep access credentials secure and notify us of any compromise
e) ensure your infrastructure, domains and third party accounts remain active and funded
6) Third party platforms and tools
6.1 We often use third party platforms such as advertising networks, social platforms, hosting providers, analytics tools and AI services. Those platforms are operated by others and subject to their own terms which you must accept.
6.2 We do not control third party availability, pricing or policies. We are not liable for downtime or changes by those providers.
6.3 Where we set up or manage third party accounts on your behalf, ownership will be as agreed in the statement of work. You authorise us to act as your agent within agreed limits.
7) Fees, expenses and payment
7.1 Fees, deposits, billing schedule and inclusions will be set in the statement of work or invoice.
7.2 Unless stated otherwise, fees exclude taxes, platform spend, stock assets, paid fonts, media licences and out-of-pocket expenses.
7.3 Invoices are due on the dates shown. We may pause work for overdue amounts. Interest may accrue on late payments at the maximum rate permitted by law.
7.4 Change requests outside scope will be quoted and must be approved in writing before we proceed.
8) Intellectual property
8.1 Pre-existing IP. Each party keeps ownership of IP it owned before the project or created independently without use of the other party’s confidential information.
8.2 Project IP. Subject to full payment, we grant you a non-exclusive licence to use final deliverables for the purposes and territories stated in the statement of work. Working files such as design source files, raw footage, project files, code repositories and prompt libraries are not included unless expressly transferred.
8.3 Third party materials. Where deliverables include stock media, fonts, code libraries or platform templates, your use is subject to the relevant third party licence.
8.4 Portfolio rights. We may display non-confidential deliverables, the client name and logo in our portfolio, showreel and credentials once the material is live. You can opt out in writing for reasonable confidentiality needs.
9) Client materials and warranties
You warrant that materials you supply will not infringe rights, be defamatory, obscene or unlawful, and that you have obtained all necessary consents, including for any personal data. You indemnify us against claims arising from your materials or instructions.
10) Data protection
10.1 Each party acts as an independent data controller for its own processing unless a statement of work says we act as a processor.
10.2 We will handle personal data in line with applicable law and our privacy notices as published on our websites. You must provide accurate notices and obtain consents required for your data.
10.3 Do not send us special category data unless we have agreed processing terms in writing.
11) Confidentiality
11.1 Each party must keep the other’s non-public information confidential and use it only for the project.
11.2 This does not apply to information that is public, already known without duty of confidence, independently developed or required by law to be disclosed.
12) Warranties and disclaimers
12.1 We will perform services with reasonable skill and care.
12.2 Except as stated in these terms, we give no other warranties. We exclude all implied warranties to the fullest extent permitted by law, including fitness for a particular purpose and non-infringement.
12.3 We do not guarantee search rankings, ad performance, traffic levels, conversion rates or revenue.
13) Liability
13.1 Nothing limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited by law.
13.2 Subject to clause 13.1, neither party is liable for loss of profit, revenue, goodwill, data or any indirect or consequential loss.
13.3 Subject to clause 13.1, our total aggregate liability arising out of or in connection with the services or these terms will not exceed the total fees you paid for the services in the twelve months before the event giving rise to the claim.
14) Term, suspension and termination
14.1 These terms apply while you use the site and during any active engagement.
14.2 Either party may terminate an engagement as set out in the statement of work or, if none, on thirty days’ written notice.
14.3 Either party may terminate immediately for a material breach not remedied within fourteen days of notice.
14.4 On termination, you will pay for work done and committed costs. Clauses that by nature should survive will continue, including fees, IP limits, confidentiality, liability and governing law.
15) Force majeure
Neither party is responsible for delay or failure caused by events beyond reasonable control, including network failure, platform outages, governmental action, epidemic, strike or natural disaster.
16) Changes to these terms
We may update these terms by posting a new version on the site. Material changes will apply to new statements of work and to ongoing work after notice.
17) Governing law and venue
These terms and any non-contractual obligations arising out of them are governed by the laws of Malaysia. The courts of Malaysia have exclusive jurisdiction, except that we may seek interim injunctive relief in any competent court. If your contracting entity is specified as our Singapore office under a signed statement of work, the laws of Singapore and the courts of Singapore will apply instead.
18) Notices
Formal notices must be sent to the contact email or postal address stated in the relevant statement of work. General enquiries can be sent through our site contact pages or published phone numbers.
19) Miscellaneous
19.1 Assignment. You may not assign your rights without our consent. We may assign to an affiliate or in connection with a reorganisation or sale of business.
19.2 Entire agreement. These terms and the statement of work form the entire agreement for the subject matter.
19.3 No partnership. Nothing creates a partnership, joint venture or employment relationship.
19.4 Severance. If a clause is invalid, the rest remains effective.
19.5 No waiver. Failure to enforce a right is not a waiver.
Contact
Malaysia: No.16-7 Infinity Tower, Jalan SS6/3, 47301 Petaling Jaya, Selangor. Phone and WhatsApp as published.
Singapore: 101 Kitchener Road #02-41 Jalan Besar Plaza, Singapore 208511. Phone and WhatsApp as published.
