Terms of Service

Last updated: 13 October 2026

1. About these terms

These terms apply to your use of arkperform.co and to every service provided by ArkPerform Advisory (202503246734 (SA0642357-K)), a business registered in Malaysia (“ArkPerform”, “we”, “us”). By using this website or engaging us, you agree to these terms. Each engagement is also confirmed in a written proposal or quotation. If the proposal and these terms differ, the proposal applies.

2. Using this website

The content on this website is general information about digital marketing and our services. It is not professional, legal or financial advice for your situation. Market price ranges and results shown on this website are indicative only. You must not misuse this website, attempt to gain unauthorised access to it or copy its content for commercial use without our written permission. Links to other websites are provided for convenience, and we are not responsible for their content.

3. Proposals and engagement

The scope, deliverables, timeline and fees for each engagement are set out in our proposal. An engagement starts when you accept the proposal by signing it, confirming it in writing (email or WhatsApp counts) or paying the first invoice. Work outside the agreed scope is quoted separately and starts only after you approve it.

4. Fees and payment

• Fees are quoted in Ringgit Malaysia and exclude Sales and Service Tax where it applies.
• Invoices are payable within 14 days unless the proposal says otherwise. Monthly retainers are invoiced in advance at the start of each month.
• Third-party costs, such as advertising spend, software licences, plugins, stock images, hosting and domain names, are paid by you directly or reimbursed to us at cost.
• If an invoice is overdue, we may pause work until it is paid.

5. Advertising spend and platforms

Advertising spend is paid by you directly to the platforms, such as Google, Meta and X, from accounts and payment methods you own. Every platform has its own policies and can reject ads or restrict accounts at its discretion. We work to keep your campaigns within those policies, but decisions made by the platforms are outside our control.

6. Your responsibilities

• Give us accurate information, timely access to your accounts and approvals within the agreed timelines.
• Make sure you have the rights to the logos, images, content and data you supply to us.
• Review and approve content before it is published or launched.
• Comply with the laws and advertising rules that apply to your industry, including the rules for healthcare, aesthetics and financial services in Malaysia.

7. No guaranteed results

Search rankings, appearances and citations in AI answers, leads, sales and return on ad spend depend on factors outside our control, including search engine and platform algorithms, competitors, your offer, your pricing and your sales follow-up. We commit to doing the work set out in the proposal to a professional standard. We do not guarantee any specific result, and past results are not a promise of future performance.

8. Intellectual property

Once you have paid in full, you own the final deliverables we create for you, such as your website design, written content and reports. We keep ownership of our own methods, templates, frameworks, tools and code libraries, including our proprietary AI visibility system, and you receive a licence to use whatever forms part of your deliverables. We may name you as a client unless you ask us not to. We publish case studies and results only with your written approval.

9. Confidentiality

Each of us will keep the other’s confidential information private and use it only for the engagement. This does not apply to information that is already public, or that must be disclosed by law.

10. Personal data

We handle personal data in line with our Privacy Policy and the Personal Data Protection Act 2010. When we process your customers’ personal data for you, we do so only on your instructions.

11. Websites, hosting and accounts

Your domain name and your advertising, analytics and business accounts stay in your name. Where we host your website as part of a website management service, we hand over a full copy of your website files and database when the service ends, once all outstanding invoices are paid.

12. Limitation of liability

Our services are supplied for business purposes. To the extent permitted by law, the Consumer Protection Act 1999 does not apply to them. We are not liable for indirect or consequential losses, such as loss of profit, revenue, data or goodwill. Our total liability for any claim relating to an engagement is limited to the fees you paid us for that engagement in the three months before the claim arose. Nothing in these terms limits liability that cannot be limited under Malaysian law.

13. Term and termination

Monthly services continue until either of us gives 30 days’ written notice, subject to any minimum term in the proposal. Either of us may end an engagement immediately if the other seriously breaches these terms and does not fix the breach within 14 days of written notice. Fees for work done up to the end date remain payable.

14. Events outside our control

Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as natural disasters, power or internet outages, platform outages, government action or pandemics.

15. Governing law and disputes

These terms are governed by the laws of Malaysia. If a dispute arises, we will first try to resolve it by talking to each other in good faith. If that does not work, the courts of Malaysia have exclusive jurisdiction.

16. Changes to these terms

We may update these terms from time to time. The latest version is always on this page. Changes do not affect an engagement already confirmed in a signed proposal, unless both of us agree in writing.

17. Contact us

For any question about these terms, contact us at hello@arkperform.co, on WhatsApp at +60 13-747 9445, or through the contact page.