Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the services provided by FunnelVoyage Sdn. Bhd. (Company No. 202301032343) ("FunnelVoyage", "we", "us", or "our"), a company registered in Malaysia.

By engaging our services or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. About Our Services

FunnelVoyage provides marketing consultancy and strategic advisory services, including but not limited to go-to-market strategy, direct outreach campaigns, brand positioning consulting, and fractional advisory services.

All services are provided on a consultative basis. The specific scope, deliverables, and timelines for each engagement will be agreed upon separately in writing prior to commencement of work.

3. Eligibility

Our services are intended for businesses and individuals who are at least 18 years of age and have the legal capacity to enter into binding contracts. By engaging our services, you represent that you meet these requirements and have the authority to bind any organisation on whose behalf you are acting.

4. Engagement Process

All service engagements begin with an enquiry or booking request submitted via email or our website. Upon receipt, we will discuss your requirements and provide a proposal outlining the scope of work, fees, and timeline.

An engagement is considered confirmed only upon written acceptance of the proposal and receipt of any applicable deposit or payment as specified in the proposal.

We reserve the right to decline any engagement at our discretion.

5. Fees and Payment

Fees for our services will be communicated in the proposal or engagement agreement. All fees are quoted in Malaysian Ringgit (RM) unless otherwise specified.

Payment terms will be specified in each proposal. Unless otherwise agreed, payments are due within fourteen (14) days of invoice date.

Late payments may incur an administrative fee of 1.5% per month on outstanding amounts, calculated from the due date until payment is received in full.

All fees are exclusive of any applicable taxes, which will be added where required by law.

6. Service Delivery

We will deliver our services with reasonable skill and care, in accordance with the scope agreed in the engagement proposal.

Timelines provided are estimates based on the information available at the time of the proposal. Actual delivery times may vary depending on factors including your responsiveness in providing required information, feedback, and approvals.

We are not responsible for delays caused by circumstances beyond our reasonable control or by your failure to provide necessary materials, information, or feedback in a timely manner.

7. Client Responsibilities

To enable us to deliver our services effectively, you agree to:

(a) Provide accurate and complete information as reasonably requested.

(b) Respond to requests for feedback, information, or approvals in a timely manner.

(c) Ensure that any materials you provide do not infringe the intellectual property rights of any third party.

(d) Comply with all applicable laws and regulations in connection with your use of our services and deliverables.

8. Intellectual Property

Our Materials: All methodologies, frameworks, templates, and tools developed by FunnelVoyage and used in delivering our services remain our intellectual property. You are granted a non-exclusive, non-transferable licence to use these materials solely for your internal business purposes in connection with the engagement.

Deliverables: Upon full payment, you will own the intellectual property rights in the final deliverables created specifically for you under the engagement, excluding any of our pre-existing materials incorporated therein.

Your Materials: You retain ownership of all materials, data, and information you provide to us. You grant us a limited licence to use such materials solely for the purpose of delivering the agreed services.

9. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the engagement ("Confidential Information").

Confidential Information shall not be disclosed to any third party without prior written consent, except as required by law or to professional advisors bound by confidentiality obligations.

This confidentiality obligation shall survive the termination of the engagement for a period of two (2) years.

10. Limitation of Liability

Our services are advisory in nature. We provide recommendations and strategies based on the information available to us, but we do not guarantee specific business outcomes or results.

To the maximum extent permitted by law, FunnelVoyage shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising out of or related to our services.

Our total aggregate liability for any claims arising out of or related to an engagement shall not exceed the total fees paid by you for that specific engagement.

Nothing in these Terms shall exclude or limit liability for fraud, gross negligence, or any liability that cannot be excluded or limited under applicable law.

11. Indemnification

You agree to indemnify and hold harmless FunnelVoyage, its directors, officers, and employees from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

(a) Your breach of these Terms.

(b) Your use of our deliverables in a manner not authorised by us.

(c) Any claim that materials provided by you infringe the intellectual property rights of a third party.

12. Termination

Either party may terminate an engagement by providing written notice to the other party. The notice period and any applicable termination fees will be specified in the engagement proposal.

Upon termination, you shall pay for all services rendered and expenses incurred up to the date of termination. We will deliver any work completed to that point, subject to full payment.

Termination does not affect any rights or obligations that have accrued prior to termination, including confidentiality obligations and any outstanding payment obligations.

13. Website Use

You may access and use our website for lawful purposes only. You agree not to:

(a) Use the website in any way that violates applicable laws or regulations.

(b) Attempt to gain unauthorised access to any part of the website or its systems.

(c) Use automated systems or software to extract data from the website without our written permission.

We reserve the right to restrict or terminate your access to the website at any time without notice.

14. Disclaimer

The information on our website is provided for general informational purposes only and does not constitute professional advice. While we endeavour to keep the information accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the information.

Our services are provided "as is" without any warranty, except as expressly stated in these Terms or in a specific engagement agreement.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, government actions, power failures, or internet disruptions.

16. Amendments

We may update these Terms from time to time. Any changes will be posted on this page with a revised "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the updated Terms.

For ongoing engagements, the Terms in effect at the time of the engagement agreement shall apply unless otherwise agreed in writing.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with any engagement proposal or agreement, constitute the entire agreement between you and FunnelVoyage with respect to the subject matter hereof and supersede all prior discussions, negotiations, and agreements.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

20. Contact

If you have any questions about these Terms, please contact us at:

FunnelVoyage Sdn. Bhd.
Email: [email protected]
Address: B-5-8, Plaza Mont Kiara, Mont Kiara, Kuala Lumpur, 50480, Malaysia