Terms & Conditions

These Terms & Conditions ("Terms") govern your use of foundlyagency.comand the services provided by FoundlyAgency ("we", "us", "our"). Please read them carefully before engaging us — by using our site, accepting a quote, or paying a deposit, you confirm that you have read, understood, and agreed to these Terms.

Who we are

FoundlyAgency is the trading name of a business operated by Lawrence Kang Chee Keong (江至翔), registered with the Companies Commission of Malaysia (SSM) under business registration number 003842718-P, and based in Subang Jaya, Selangor, Malaysia. You can reach us at hello@foundlyagency.com or on WhatsApp at +60 14-331 2046. We provide these details in line with the Electronic Commerce Act 2006; our full registered address is available on request.

1. Agreement

These Terms, together with the specific quote, proposal, or statement of work we provide for your project ("Quote"), form the agreement between you and us. Where a signed Quote or separate written agreement differs from these Terms, that document takes precedence for that project. These Terms are made available to you before you engage us; please raise any questions before accepting.

2. Our services

We provide website design and build, SEO, Local SEO, AI-search optimisation (GEO), Google Business Profile setup and management, website maintenance, and content — as described on this site and detailed in your Quote. The exact deliverables for your project are those set out in your Quote.

3. Scope & changes

We will deliver the scope agreed in your Quote. Requests that go beyond that scope — new pages, features, integrations, or a change of direction after work has begun — are treated as additional work, quoted separately, or charged on a time-and-materials basis at our then-current hourly rate. We will confirm additional costs with you before proceeding.

4. Fees, payment, expenses & taxes

• One-time builds. Unless your Quote states otherwise, a 50% deposit is payable to begin work, and the remaining 50% is due on completion, before the site goes live and final files are handed over. Where offered, instalment options are set out in your Quote.
• Monthly plans. Ongoing care, SEO, and content plans are billed monthly in advance.
• Third-party expenses. Costs we incur for your project with your approval — such as premium stock images, fonts, plugins, or third-party subscriptions — are passed on to you at cost, or as set out in your Quote.
• Late payment. If an invoice remains unpaid after its due date, we may suspend work or ongoing services until it is settled, and may charge interest on overdue amounts at 1.5% per month (18% per annum) or the maximum permitted by law, whichever is lower.
• Taxes. Fees are exclusive of any applicable taxes (such as Malaysian Sales & Service Tax), which will be added where they apply.

5. Delivery & timelines

Most websites go live in about two weeks after our discovery call, provided you supply the content, feedback, and approvals we need on time. Any timelines we give are good-faith estimates, not fixed guarantees, and may be extended by delays in your materials or feedback, or by matters outside our reasonable control. If we need something from you to continue and we do not hear back for 30 days despite reminders, we may treat the project as paused; work already completed remains chargeable.

6. Your review & approval

When we submit a deliverable (such as a design or draft) for your review, please give feedback or approval within seven (7) business days. If we do not hear from you within that window, the deliverable is treated as approved so the project is not stalled. This does not remove your right to reasonable revisions under clause 7.

7. Revisions

Each build includes reasonable revisions within the agreed scope, so we can get it right. Changes that expand the agreed scope are handled under clause 3.

8. After launch

For 30 days after your site goes live, we will fix any genuine defect in the work we delivered — something not functioning as agreed — at no charge. After that, fixes and changes are covered by a Care plan or quoted separately. This does not cover issues caused by changes you or a third party make, or by third-party platforms.

9. No guarantee of results

Search rankings, visibility, and AI citations depend on third parties (such as Google and AI providers), whose algorithms are outside our control and change frequently without notice. Search engines and AI platforms may also limit, penalise, or remove a site for reasons outside our control. We apply proven, ethical best practices and work diligently, and we report meaningful indicators such as rankings, traffic, and enquiries. However, we do not guarantee any specific ranking, traffic volume, conversion, revenue, or business outcome, and no such guarantee should be inferred. We are not responsible for penalties or actions by third-party platforms that are not caused by our breach of these Terms.

10. Your responsibilities

• Provide accurate information, content, and any access we reasonably need to deliver the work.
• Give timely feedback and approvals so the project can progress on schedule.
• Comply with the terms of third-party platforms we set up or manage on your behalf (e.g. Google).
• Tell us if you engage another provider to work on your SEO or site at the same time — conflicting changes can undo each other's work, and we are not responsible for results affected by work we did not do.

11. Your content & indemnity

You confirm that any content, materials, or information you supply (text, images, logos, data) are either owned by you or properly licensed, and do not infringe any third party's rights or breach any law. You agree to indemnify us against any third-party claim, loss, or reasonable cost arising from the content you supply, or from your use of the deliverables in breach of these Terms.

12. Intellectual property & ownership

On full payment of all fees due for your project, ownership of the final website and its custom content that we create for you passes to you, and your domain is yours. Until full payment is received, we retain all rights in the work, and any licence to use it is provisional and revocable.

We retain ownership of our own tools, methods, frameworks, and pre-existing or reusable components, and grant you a non-exclusive licence to use them as part of your site. Third-party assets used in your project — such as fonts, stock images, and plugins — remain subject to their own licences. Complimentary first-year hosting applies where stated in your plan; hosting after that is renewable or transferable to you. Unless you ask us not to, we may show completed work in our portfolio.

13. Confidentiality

Each party will keep the other's non-public business information confidential and use it only to deliver and support the project. This obligation continues after the project ends.

14. Cancellation & termination

• One-time builds. The deposit is non-refundable once work has started, as it covers time and work already committed. If you cancel mid-project, we will invoice for work completed to that point and hand over that work.
• Monthly plans. You may cancel anytime; cancellation takes effect at the end of your current paid month, with no further charges and no long-term lock-in.
• Either party may terminate for a material breach that is not remedied within fourteen (14) days of written notice, or if the other party becomes insolvent. We may suspend or terminate services for non-payment. On termination, fees accrued up to that date remain payable.

15. Third-party services

Our services may rely on third parties (for example Google, Cloudflare, and Meta/WhatsApp). Your use of those services is also subject to their own terms, and we are not responsible for their availability, changes, or actions.

16. Warranties & disclaimer

We will provide our services with reasonable skill and care. Except as expressly stated in these Terms or your Quote, and to the fullest extent permitted by law, our services and any deliverables are provided without other warranties, and we do not warrant that a website, ranking, or third-party platform will be uninterrupted or error-free.

17. Limitation of liability

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under Malaysian law (including under the Contracts Act 1950 and the Consumer Protection Act 1999), such as liability for fraud or for death or personal injury caused by negligence.

Subject to that, and to the fullest extent permitted by law:

• our total aggregate liability arising out of or in connection with our services — whether in contract, tort (including negligence), or otherwise — is limited to the total fees you have paid to us for the specific service that gave rise to the claim in the twelve (12) months before the claim; and
• we are not liable for any indirect or consequential loss, or for loss of profits, revenue, business, data, or goodwill.

18. Force majeure

Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including internet or hosting outages, third-party service failures, natural disasters, or other force-majeure events.

19. General

• Independent contractor. We act as an independent contractor; nothing in these Terms creates an employment, partnership, agency, or joint-venture relationship.
• Assignment. You may not assign this agreement without our written consent; we may assign it to a successor to our business.
• No waiver. If we do not enforce a right on one occasion, that is not a waiver of that right or of any later breach.
• Notices. Formal notices should be in writing, by email to the addresses each party gives; day-to-day communication may be by email or WhatsApp.
• Your files. After handover we may keep a copy of your final files for a reasonable period, but you should keep your own copies; we are not obliged to archive them indefinitely.
• Severability. If any provision is held void or unenforceable (for example under section 29 of the Contracts Act 1950), it is severed and the remaining provisions continue in full force.
• Entire agreement & changes. These Terms and your Quote are the entire agreement on their subject matter and supersede prior discussions. We may update these Terms from time to time; the latest version is always posted on this page, and continued use of our services means you accept it.

20. Governing law & disputes

These Terms are governed by the laws of Malaysia. If a dispute arises, both parties will first try to resolve it in good faith; failing that, the courts of Malaysia have jurisdiction. Where you deal with us as a consumer, any mandatory consumer-protection rights under the law that applies to you continue to apply.

21. Contact

Questions about these Terms? Email hello@foundlyagency.com or message us on WhatsApp at +60 14-331 2046.

These Terms are drafted with reference to common web-design and SEO-agency practice and to Malaysian law — including the Contracts Act 1950, the Consumer Protection Act 1999, the Electronic Commerce Act 2006, the Personal Data Protection Act 2010, and the Copyright Act 1987. They are provided in good faith as a general framework, not as legal advice; we recommend having them reviewed by a qualified Malaysian lawyer for your specific circumstances before you rely on them.