These Terms of Service explain how BaiEngine Technology (“we”, “us”, “our”, or “Company”) provides its website, services, products, systems, platforms, and related technology solutions to clients and users.
By accessing our website, submitting an enquiry, requesting a quotation, accepting a proposal, making payment, using our services, or working with us on a project, you agree to be bound by these Terms of Service.
If you do not agree with these Terms of Service, please do not use our website or services.
These Terms of Service should be read together with our Privacy Policy, quotations, proposals, invoices, agreements, and any written confirmation issued by us.
1. Definitions
In these Terms of Service:
“Company”, “we”, “us”, or “our” refers to BaiEngine Technology / [Insert Registered Company Name].
“Client”, “you”, or “your” refers to any individual, company, organization, or representative who accesses our website, contacts us, purchases our services, or works with us.
“Services” refers to all services provided by us, including but not limited to website development, application development, system development, AI Agent development, automation systems, UI/UX design, SEO support, digital marketing support, technical consultation, system maintenance, hosting setup, third-party API integration, and other custom technology services.
“Website” refers to our official website and all related pages, content, forms, features, materials, and functions.
“Project” refers to any confirmed work, service, development, design, consultation, or technical task agreed between us and the Client.
“Deliverables” refers to the final or partial outputs provided to the Client, including but not limited to websites, applications, systems, source code, designs, documents, configurations, reports, automation workflows, and related files.
2. Acceptance of Terms
By using our website or services, you confirm that you have read, understood, and agreed to these Terms of Service.
If you are using our services on behalf of a company, business, or organization, you confirm that you have the authority to accept these Terms of Service on behalf of that entity.
We may update these Terms of Service from time to time. Any updated version will be posted on our website and will become effective once published.
Your continued use of our website or services after any update means that you accept the updated Terms of Service.
3. Our Services
We may provide services including, but not limited to:
3.1 Business websites, company profile websites, landing pages, and product showcase websites; 3.2 Custom websites, backend systems, dashboards, CRM systems, member systems, and web applications; 3.3 Mobile application and web application development; 3.4 AI Agent development, AI customer service systems, chatbot systems, workflow automation, and intelligent business automation; 3.5 Third-party API integrations, including but not limited to WhatsApp, Messenger, Instagram, payment gateways, CRM systems, Google services, and other platforms; 3.6 UI/UX design, frontend development, website animation, and branding-related digital assets; 3.7 SEO structure setup, technical SEO support, keyword planning, and website content structure suggestions; 3.8 Hosting, domain, SSL, deployment, server, and basic technical setup assistance; 3.9 Website maintenance, bug fixing, updates, and technical support; 3.10 Other technology, automation, AI, or digital services agreed in writing.
The specific scope, timeline, price, and deliverables of each project shall be based on the quotation, proposal, invoice, agreement, or written confirmation between us and the Client.
4. Use of Website and Services
You agree to use our website and services only for lawful and authorized purposes.
You must not:
4.1 Violate any applicable law, regulation, or third-party right; 4.2 Upload, send, or distribute viruses, malware, harmful code, spam, phishing content, or malicious materials; 4.3 Attempt to hack, disrupt, overload, scan, or gain unauthorized access to our website, systems, servers, or networks; 4.4 Copy, scrape, extract, reproduce, or reuse our website content, design, system, or materials without permission; 4.5 Submit false, misleading, incomplete, or unauthorized information; 4.6 Use our services for fraud, scams, illegal transactions, gambling, adult content, money laundering, hate speech, violence, infringement, or any prohibited activity; 4.7 Interfere with the security, functionality, payment process, or access control of our website or services.
We reserve the right to restrict, suspend, or terminate access to our website or services if we believe that you have violated these Terms of Service.
5. Quotations, Proposals, and Project Scope
All quotations, estimates, proposals, or preliminary recommendations are valid only within the validity period stated in the relevant document.
If no validity period is stated, the default validity period is 14 days.
The project scope shall be determined based on written confirmation, including but not limited to:
5.1 Quotation; 5.2 Proposal; 5.3 Invoice; 5.4 Agreement; 5.5 Email; 5.6 WhatsApp message or other written communication accepted by both parties.
Unless clearly stated otherwise, our quotation does not include:
5.7 Domain name fees; 5.8 Hosting, server, cloud, or infrastructure fees; 5.9 Third-party software, plugin, SaaS, API, or platform subscription fees; 5.10 Payment gateway fees or transaction charges; 5.11 Third-party licenses, fonts, images, stock assets, or paid materials; 5.12 Additional pages, additional features, or additional design revisions; 5.13 Long-term maintenance, SEO content updates, advertising, or operation services; 5.14 Legal, accounting, tax, compliance, or government application fees.
Any request outside the agreed project scope may require additional charges and may affect the project timeline.
6. Client Responsibilities
The Client agrees to provide all necessary information, content, materials, access, approvals, and cooperation required for the project.
This may include:
6.1 Company information, logo, brand guide, business details, product or service information; 6.2 Images, videos, written content, pricing, contact details, and business documents; 6.3 Domain, hosting, email, server, third-party platform, API, or system access; 6.4 Payment gateway, social media, CRM, analytics, advertising, or other account access where required; 6.5 Timely feedback, approval, confirmation, and payment.
The Client confirms that all materials provided to us are accurate, lawful, and authorized for use.
The Client shall be responsible for any delay, loss, complaint, claim, penalty, or legal issue caused by inaccurate information, late submission, unauthorized materials, copyright infringement, or failure to provide required cooperation.
If the Client delays providing materials, feedback, approval, access, or payment, we may pause the project, extend the timeline, or reschedule the project accordingly.
7. Fees and Payment
All fees shall be based on the quotation, invoice, agreement, or written confirmation issued by us.
Unless otherwise agreed in writing, payment may be required in one or more of the following ways:
7.1 Deposit before project commencement; 7.2 Milestone payment; 7.3 Balance payment before final delivery, launch, or handover; 7.4 Monthly maintenance or subscription payment; 7.5 Hourly, feature-based, or project-based payment.
We may require payment before starting work, continuing development, delivering files, deploying the website, granting system access, or providing support.
If payment is overdue, we reserve the right to:
7.6 Pause the project or service; 7.7 Delay delivery; 7.8 Suspend maintenance, support, website access, or system access; 7.9 Charge reasonable late payment or reactivation fees; 7.10 Take reasonable legal or collection action to recover outstanding amounts.
Any tax, SST, government fee, or transaction charge will be stated in the relevant invoice or payment document where applicable.
8. Refund Policy
Our services are usually customized services involving planning, consultation, design, development, configuration, deployment, or technical work.
Unless otherwise agreed in writing, deposits, completed work fees, consultation fees, design fees, development fees, third-party fees, and work that has already started are generally non-refundable.
Refunds are usually not available in the following situations:
8.1 The Client changes their mind; 8.2 The Client cancels the project; 8.3 The Client fails to provide required materials, access, or feedback; 8.4 The Client delays approval, confirmation, or payment; 8.5 The Client requests changes outside the original project scope; 8.6 The issue is caused by a third-party platform, API, server, hosting provider, payment gateway, policy change, or account restriction; 8.7 The work has already been started, completed, configured, designed, developed, deployed, or delivered.
If a project is terminated due to our inability to reasonably provide the confirmed core service, we may review the situation and, where appropriate, offer a partial refund, service credit, alternative solution, or other reasonable arrangement based on the work completed and costs incurred.
Nothing in this Refund Policy limits any mandatory rights that may apply under Malaysian law.
9. Project Timeline and Delivery
We will make reasonable efforts to complete each project according to the agreed timeline.
However, timelines may be affected by:
9.1 Client’s delay in providing materials, access, information, feedback, approval, or payment; 9.2 Changes in project scope; 9.3 Additional feature requests; 9.4 Technical complexity; 9.5 Third-party platform, API, server, hosting, payment gateway, or approval delays; 9.6 Testing, debugging, or security review requirements; 9.7 Events beyond our reasonable control.
Unless expressly stated in writing, any timeline provided is an estimate and does not constitute an absolute guarantee.
If the Client causes delays, the delivery date may be extended accordingly.
10. Revisions and Changes
The number of revisions and the revision scope shall be based on the quotation, proposal, invoice, agreement, or written confirmation.
Reasonable revisions usually refer to minor adjustments within the confirmed scope, such as text changes, image replacement, layout adjustments, color adjustments, or small content updates.
The following may be considered additional work and may require additional charges:
10.1 Adding new pages; 10.2 Adding new features; 10.3 Changing the overall design direction after confirmation; 10.4 Reworking approved designs or completed functions; 10.5 Adding new API integrations; 10.6 Adding backend systems, databases, payment features, member systems, or automation features; 10.7 Changing confirmed project requirements; 10.8 Fixing issues caused by incorrect materials or instructions provided by the Client; 10.9 Urgent work, priority work, or work outside normal service scope.
11. Third-Party Services
Our services may involve third-party platforms, tools, software, APIs, or service providers.
These may include:
11.1 Domain registrars; 11.2 Hosting providers; 11.3 Cloud providers; 11.4 Payment gateways; 11.5 WhatsApp Business API; 11.6 Meta, Facebook, Instagram, or Messenger API; 11.7 Google services; 11.8 AI model providers; 11.9 Email service providers; 11.10 CRM, SaaS, analytics, SEO, advertising, or automation platforms.
The Client understands that third-party services are governed by their own terms, policies, pricing, approval processes, limitations, and availability.
We are not responsible for any issue caused by third-party services, including but not limited to service interruption, price changes, account suspension, API changes, policy changes, rejection, delay, data loss, or platform restrictions.
If a third-party service requires the Client to register, verify identity, submit company documents, make payment, or accept third-party terms, the Client shall be responsible for completing those requirements.
12. AI and Automation Services
If the Client uses our AI Agent, AI customer service, chatbot, content generation, data processing, or automation services, the Client understands and agrees that:
12.1 AI-generated output may be inaccurate, incomplete, outdated, unsuitable, or unexpected; 12.2 AI output should not be treated as legal, medical, financial, tax, investment, or other professional advice; 12.3 The Client is responsible for reviewing and approving AI-generated content before using it; 12.4 The Client must ensure that the use of AI and automation complies with applicable laws, regulations, platform policies, and industry requirements; 12.5 The Client must not use AI or automation services to generate, process, or distribute unlawful, infringing, misleading, fraudulent, harmful, hateful, adult, dangerous, or inappropriate content; 12.6 Automation systems may fail or be interrupted due to third-party API issues, network issues, server issues, data quality issues, or platform restrictions; 12.7 AI and automation systems are not guaranteed to fully replace human judgment, human review, or human customer service.
For high-risk workflows involving payment, legal matters, customer disputes, sensitive personal data, business decisions, or important communications, the Client should use human review and approval controls.
13. Hosting, Domain, and Technical Access
Unless otherwise agreed in writing, the Client is responsible for owning, managing, renewing, and paying for their own domain, hosting, cloud, email, third-party accounts, software subscriptions, and related technical services.
If the Client requests us to assist with setup, configuration, or management, the Client remains responsible for account ownership, payment, renewal, security, password management, and compliance with third-party terms.
The Client should keep login details secure and should not share access with unauthorized persons.
We are not responsible for issues caused by expired domains, unpaid hosting, incorrect DNS settings, account suspension, password leakage, unauthorized access, third-party service interruption, or Client-side misconfiguration.
14. Maintenance and Support
Unless otherwise agreed in writing, project delivery does not include unlimited free maintenance, content updates, bug fixing, monitoring, SEO updates, security protection, server management, feature upgrades, or technical support.
If the Client purchases a maintenance service, the maintenance scope, fee, service period, response time, and support level shall be based on the relevant maintenance package or agreement.
Maintenance services usually do not include:
14.1 New feature development; 14.2 Major design changes; 14.3 Rebuilding functions due to third-party policy changes; 14.4 Issues caused by the Client’s own changes to code, plugins, server, content, settings, or configuration; 14.5 Malware removal, hacking recovery, server failure, or third-party platform outage unless specifically included; 14.6 Content writing, advertising operation, or long-term SEO content production; 14.7 Emergency support outside the agreed support scope.
15. Intellectual Property
Unless otherwise agreed in writing:
15.1 Materials provided by the Client, including logos, trademarks, images, videos, written content, product information, and business information, remain the property of the Client or their respective owners; 15.2 Our pre-existing code, templates, frameworks, components, internal tools, development methods, technical know-how, AI workflows, automation logic, reusable modules, and general system architecture remain our property; 15.3 After full payment has been received, the Client will receive the agreed usage rights to the final deliverables for the relevant project; 15.4 Before full payment is received, ownership and usage rights of the deliverables remain with us; 15.5 The Client must not copy, resell, redistribute, rent, transfer, reverse engineer, or repackage our templates, systems, code, AI Agent workflows, automation processes, or internal tools without permission.
Third-party materials, software, plugins, fonts, images, stock assets, open-source components, or licensed tools are subject to their own license terms.
16. Portfolio Rights
Unless the Client requests confidentiality in writing before or during the project, we may display completed work as part of our portfolio, case studies, website, social media, proposal, marketing materials, or sales presentation.
This may include the Client’s business name, logo, website link, screenshots, design previews, project description, or general results.
If the project involves confidential, sensitive, or private business information, the Client may request that we do not publicly display such information. We will reasonably respect such confidentiality requests.
17. Confidentiality
Both parties agree to keep confidential any non-public business, technical, financial, customer, account, system, pricing, strategy, or project information received during the course of cooperation.
Confidential information must not be disclosed to third parties without written consent, except where:
17.1 Disclosure is required by law, court order, government authority, or regulator; 17.2 The information is already publicly available through no fault of the receiving party; 17.3 Disclosure is necessary to employees, contractors, suppliers, or professional advisers for project purposes, provided that they are subject to reasonable confidentiality obligations; 17.4 Both parties agree otherwise in writing.
18. Personal Data Protection
We may collect, use, store, process, and disclose personal data in accordance with our Privacy Policy and applicable Malaysian personal data protection laws.
Personal data may include names, phone numbers, email addresses, company information, account access details, enquiry information, project information, or other information provided by the Client.
If the Client provides personal data belonging to their customers, employees, users, or third parties, the Client confirms that they have obtained the necessary consent, authorization, or legal basis to allow us to process such data for the purpose of providing our services.
The Client must not provide personal data that is unlawfully collected, unnecessary, excessive, or unauthorized.
19. Security
We will take reasonable technical and organizational measures to protect our website, systems, and data.
However, the Client understands that no internet, cloud, server, platform, or electronic communication system is completely secure.
Unless otherwise agreed in writing, we do not guarantee that any website, system, server, database, AI system, automation workflow, or third-party platform will be completely free from hacking, malware, vulnerability, downtime, data loss, unauthorized access, or security incidents.
The Client is responsible for taking reasonable security measures, including but not limited to:
19.1 Using strong passwords; 19.2 Enabling two-factor authentication where possible; 19.3 Managing user access carefully; 19.4 Keeping account details confidential; 19.5 Updating systems, plugins, and content where required; 19.6 Backing up important data; 19.7 Complying with third-party platform security requirements.
20. No Guarantee of Business Results
We will make reasonable efforts to provide professional services, but we do not guarantee any specific business result.
We do not guarantee:
20.1 Sales growth; 20.2 Revenue growth; 20.3 Google ranking; 20.4 SEO ranking position; 20.5 Advertising conversion rate; 20.6 Number of enquiries, leads, or customers; 20.7 Return on investment; 20.8 Continuous system uptime; 20.9 Complete AI accuracy; 20.10 Approval by any third-party platform, payment gateway, API provider, or app store.
Any business, SEO, AI, automation, marketing, or technical recommendation provided by us is for general guidance only. The Client is responsible for making final business decisions based on their own judgment, risk assessment, budget, and professional advice where necessary.
21. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for:
21.1 Indirect, incidental, special, or consequential loss; 21.2 Loss of profit, revenue, business, opportunity, goodwill, or data; 21.3 Business interruption; 21.4 Third-party platform issues; 21.5 Client-side errors, delays, or incorrect instructions; 21.6 Issues caused by materials or information provided by the Client; 21.7 Unauthorized access, hacking, malware, or cybersecurity incidents; 21.8 Service interruption caused by hosting, cloud, API, payment gateway, internet provider, or third-party tools; 21.9 Events beyond our reasonable control.
Where liability cannot be fully excluded, our total liability shall be limited to the amount actually paid by the Client to us for the specific project giving rise to the claim, or the amount paid by the Client during the three months before the claim arose, whichever is lower.
Nothing in these Terms of Service excludes or limits liability that cannot be excluded or limited under applicable law.
22. Indemnity
The Client agrees to indemnify and hold harmless the Company, its directors, employees, contractors, partners, and representatives from any claim, loss, damage, penalty, cost, legal fee, or liability arising from:
22.1 The Client’s breach of these Terms of Service; 22.2 The Client’s unlawful, improper, or unauthorized use of our services; 22.3 Materials, content, data, or instructions provided by the Client; 22.4 Infringement of intellectual property rights or third-party rights caused by Client-provided materials; 22.5 The Client’s violation of third-party platform terms or applicable laws; 22.6 The Client’s failure to obtain required consent, license, permission, or authorization; 22.7 The Client’s own business, products, services, customers, users, or operations; 22.8 Changes made by the Client or third parties after delivery.
23. Suspension and Termination
We may suspend or terminate our services if:
23.1 The Client fails to make payment on time; 23.2 The Client breaches these Terms of Service; 23.3 The Client uses our services for unlawful, harmful, fraudulent, or high-risk activities; 23.4 The Client fails to provide required materials, access, feedback, approval, or cooperation; 23.5 The Client acts in an abusive, threatening, harassing, or unreasonable manner toward our team, contractors, or partners; 23.6 Continuing the project may create legal, security, financial, technical, or reputational risk for us; 23.7 Both parties agree in writing to terminate the project or service.
Upon termination, the Client remains responsible for paying all completed work, work in progress, third-party costs, outstanding invoices, and any amount due before termination.
24. Force Majeure
We shall not be liable for delay or failure to perform any obligation caused by events beyond our reasonable control, including but not limited to:
24.1 Natural disasters; 24.2 Fire, flood, epidemic, pandemic, or public health emergency; 24.3 War, riot, civil unrest, terrorism, or government action; 24.4 Internet failure, power outage, server outage, or cloud service disruption; 24.5 Third-party platform, API, payment gateway, hosting, or software failure; 24.6 Legal, regulatory, or policy changes; 24.7 Any other event that cannot reasonably be predicted, prevented, or controlled.
25. Electronic Communications and Records
The Client agrees that email, WhatsApp messages, website forms, electronic quotations, electronic invoices, online confirmations, electronic signatures, and other electronic communications may be used as valid forms of communication, confirmation, approval, acceptance, and project records.
Such electronic records may be used to confirm project scope, pricing, payment, approval, delivery, and other matters relating to our services.
26. Third-Party Links and External Websites
Our website or services may contain links to third-party websites, platforms, tools, or services.
We are not responsible for the content, policies, security, availability, or practices of any third-party website or service.
The Client is responsible for reviewing and complying with the terms, privacy policies, and requirements of any third-party platform used in connection with the project.
27. Changes to These Terms of Service
We may update these Terms of Service from time to time to reflect changes in our business operations, services, legal requirements, or internal policies.
The updated version will be posted on this page with the “Last Updated” date.
Your continued use of our website or services after any update means that you acknowledge and accept the updated Terms of Service.
28. Governing Law
These Terms of Service shall be governed by and interpreted in accordance with the laws of Malaysia.
Any dispute arising from or relating to these Terms of Service shall be subject to the applicable laws and courts of Malaysia.
29. Dispute Resolution
If a dispute arises, both parties shall first attempt to resolve the dispute through friendly discussion and negotiation.
If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to the courts of Malaysia, unless both parties agree in writing to use mediation, arbitration, or another dispute resolution process.
30. Severability
If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable, that provision shall be modified or removed to the minimum extent necessary.
The remaining provisions shall continue to be valid and enforceable.
31. No Waiver
Our failure to enforce any right or provision under these Terms of Service does not mean that we waive such right or provision.
Any waiver must be made clearly and in writing.
32. Entire Agreement
These Terms of Service, together with our Privacy Policy, quotation, proposal, invoice, agreement, and written confirmation, form the entire agreement between us and the Client regarding the relevant services.
If there is any conflict between these Terms of Service and a separately signed written agreement, the separately signed written agreement shall prevail.
33. Contact Us
If you have any questions about these Terms of Service, please contact us at:
BaiEngine Technology Company Name: BaiEngine Technology / [Insert Registered Company Name] Email: [Insert Email Address] Website: [Insert Website URL] Business Address: [Insert Business Address] Phone / WhatsApp: [Insert Phone Number]