Terms of Service
Last updated: 3 April 2026
1. Agreement to Terms
These Terms of Service ("Terms") govern your use of the website ademarketing.my and the search marketing, consulting, and related services (collectively, "Services") provided by ADE Marketing Solutions Sdn. Bhd. (SSM: 202301050210), a company registered in Malaysia with its registered office at A4-2-7, Solaris Dutamas, No. 1, Jalan Dutamas 1, 50480 Kuala Lumpur, Malaysia ("ADE Marketing", "we", "us", or "our").
By accessing our website or engaging our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or Services.
2. Services
ADE Marketing provides the following professional services:
- Search Engine Optimization (SEO): Technical audits, on-page optimization, content strategy, link building, and ongoing SEO management.
- Search Engine Marketing (SEM): Google Ads campaign management, PPC strategy, bid optimization, and performance reporting.
- Generative Engine Optimization (GEO): AI visibility audits, entity optimization, citation building, and AI search monitoring.
- Consulting: Strategic search marketing advisory, training, and workshops.
- SaaS Products: Access to our proprietary tools (Agility Writer, BrandPeek, LocusPilot, EMDStriker), each governed by their own terms of service.
3. Engagement and Scope
All service engagements are governed by a separate Service Agreement or Statement of Work ("SOW") that outlines the specific scope, deliverables, timeline, and fees for the engagement. These Terms apply in addition to any SOW. In the event of a conflict between these Terms and a SOW, the SOW shall prevail.
We reserve the right to decline any engagement at our discretion. Proposals, audits, and strategy recommendations provided during the sales process do not constitute a binding agreement until a SOW is signed by both parties.
4. Fees and Payment
- All fees are stated in Malaysian Ringgit (MYR) unless otherwise specified in the SOW.
- Payment terms are Net 14 days from invoice date unless otherwise agreed.
- Recurring service fees are billed monthly in advance. Project-based fees may be billed in milestones as specified in the SOW.
- Late payments may incur a late fee of 1.5% per month on the outstanding balance.
- We reserve the right to suspend Services if payment is more than 30 days overdue, after providing written notice.
- All fees are exclusive of applicable taxes (SST, withholding tax, etc.) unless expressly stated otherwise.
5. Client Responsibilities
To enable us to deliver our Services effectively, you agree to:
- Provide timely access to your website, hosting, analytics accounts, advertising accounts, and other platforms necessary for service delivery.
- Provide accurate and complete business information, including content, branding materials, and approvals as needed.
- Review and approve deliverables within the timeline specified in the SOW. Delays in client approvals may extend project timelines.
- Refrain from making changes to website code, content, or server configurations that conflict with our recommendations without prior consultation.
- Ensure that all content and materials you provide to us do not infringe on any third-party intellectual property rights.
6. Intellectual Property
6.1 Client Content
You retain ownership of all content, data, trademarks, and materials you provide to us ("Client Content"). You grant us a non-exclusive, revocable licence to use Client Content solely for the purpose of delivering the Services.
6.2 Deliverables
Upon full payment, you own all deliverables created specifically for your engagement (e.g., content, strategy documents, website modifications). We retain the right to use anonymised case studies, aggregate data, and general methodologies derived from our work.
6.3 Our Tools and Technology
All proprietary tools, software, frameworks, and methodologies developed by ADE Marketing (including Agility Writer, BrandPeek, LocusPilot, and EMDStriker) remain our exclusive intellectual property. Access to these tools is licensed, not sold, and is subject to the terms of each product.
7. Disclaimer of Guarantees
No Ranking Guarantees: Search engine rankings are determined by algorithms outside our control. While we employ industry best practices and data-driven strategies, we do not and cannot guarantee specific rankings, traffic volumes, or revenue outcomes. Any projections or estimates provided are based on our professional experience and historical data and should not be construed as guarantees.
Third-Party Platforms: Our Services depend on third-party platforms (Google, Bing, AI platforms, etc.) whose terms, algorithms, and policies may change without notice. We are not liable for changes made by these platforms that affect service outcomes.
8. Limitation of Liability
To the maximum extent permitted by Malaysian law:
- Our total liability for any claim arising from or related to the Services shall not exceed the total fees paid by you for the specific service giving rise to the claim in the 3 months preceding the claim.
- We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities.
- We shall not be liable for any loss resulting from Google algorithm updates, search engine penalties imposed due to pre-existing issues, or actions taken by third-party platforms.
9. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This includes business strategies, client lists, financial information, login credentials, and proprietary methodologies. This obligation survives termination of the engagement for a period of 2 years.
10. Term and Termination
- Monthly retainer agreements may be terminated by either party with 30 days' written notice.
- Project-based engagements are governed by the timeline in the SOW and may be terminated early by mutual written agreement.
- Either party may terminate immediately if the other party materially breaches these Terms or the SOW and fails to cure the breach within 14 days of written notice.
- Upon termination, all outstanding fees for work completed become immediately due and payable.
- Upon termination, we will provide you with all deliverables completed up to the date of termination and return or delete your Client Content within 30 days.
11. Indemnification
You agree to indemnify and hold harmless ADE Marketing, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your breach of these Terms; (b) your provision of infringing or unlawful content; or (c) your misuse of our Services.
12. Website Use
When using our website, you agree not to:
- Use the website for any unlawful purpose or in violation of any applicable laws.
- Attempt to gain unauthorised access to any portion of the website, its systems, or networks.
- Scrape, crawl, or use automated tools to extract data from the website without our written consent.
- Transmit any malware, viruses, or harmful code through the website.
- Reproduce, distribute, or create derivative works from website content without our prior written consent.
13. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, government actions, internet outages, or third-party platform disruptions.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Malaysia.
15. Amendments
We reserve the right to update these Terms at any time. Material changes will be communicated via email or a notice on our website. Your continued use of our Services after any changes constitutes your acceptance of the revised Terms.
16. Contact Us
If you have any questions about these Terms, please contact us:
ADE Marketing Solutions Sdn. Bhd.
SSM: 202301050210 (1544124T)
A4-2-7, Solaris Dutamas, No. 1, Jalan Dutamas 1
50480 Kuala Lumpur, Malaysia
Email: hello@ademarketing.my
Phone: 016-699 9355