These Terms of Service ("Terms") govern your use of the website and the services provided by Thezhen Creative Sdn Bhd ("TheZhen", "we", "us", or "our"). By using our website or engaging our services, you ("you" or "the Client") agree to these Terms. Please read them carefully.
01 Definitions
- "Services" means any services we provide, including mystery shopping, UGC/KOL/KOC reviewer campaigns, website design, brand design, Google Ads management, photography & videography, UX/UI design & platform testing, custom CRM systems, and WhatsApp marketing & chat automation.
- "Deliverables" means the work products we create and provide to you under an engagement.
- "Proposal" means the quotation, scope, or statement of work we issue describing the Services and fees.
02 Services & quotations
All Services are provided based on the scope set out in our Proposal. Prices displayed on our website (for example, "from RM4,500") are indicative starting points only and are not binding quotations. The final fee depends on your specific requirements and will be confirmed in a written Proposal before work begins.
03 Engagement & scope
An engagement begins once you accept our Proposal (in writing, by email, or via WhatsApp) and, where applicable, pay the agreed deposit. Any work requested beyond the agreed scope ("out-of-scope work") may be subject to additional fees, which we will agree with you before proceeding.
04 Fees & payment
- Unless otherwise stated, a deposit is payable before work commences, with the balance due according to the milestones set out in the Proposal.
- For ongoing or retainer services (such as Google Ads management or WhatsApp automation), fees are billed periodically as agreed.
- Third-party costs — such as advertising spend, media buys, stock assets, software subscriptions, or platform fees — are separate from our service fees and are payable by you.
- Invoices are payable within the period stated on the invoice. We reserve the right to pause work on overdue accounts.
- All fees are exclusive of any applicable taxes unless stated otherwise.
05 Your responsibilities
To help us deliver on time, you agree to:
- Provide accurate, complete information and materials we reasonably need.
- Give timely feedback and approvals at each stage.
- Ensure you own or have the rights to any materials (logos, images, text, data) you provide to us.
- Grant the access we need to platforms or accounts required to deliver the Services.
Delays in providing materials, feedback, or access may affect project timelines, for which we are not responsible.
06 Revisions & approvals
Our Proposals include a reasonable number of revision rounds, as specified per project. Additional revisions beyond the agreed rounds may incur extra fees. Once you approve a Deliverable, further changes are treated as new work.
07 Intellectual property
Until full payment is received, all Deliverables and associated intellectual property remain our property. Upon full payment, ownership of the final approved Deliverables transfers to you, except for: (a) any third-party assets, fonts, or software which remain subject to their own licences; and (b) our own pre-existing tools, templates, and know-how, which remain ours.
Unless you request otherwise in writing, we may showcase non-confidential work we create for you in our portfolio and marketing materials.
08 Third-party platforms
Some Services rely on third-party platforms (for example, Google, Meta, and WATI / the WhatsApp Business Platform). Your use of these platforms is subject to their own terms and policies. We are not responsible for changes, outages, account actions, or decisions made by these third parties that are outside our control.
09 Mystery shopping & reviewer services
Mystery shopping reports reflect the observations of our shoppers at a specific time and are provided for your internal improvement purposes. For reviewer and creator campaigns, we work only with genuine experiences and honest opinions; we do not guarantee specific views, engagement, sentiment, or sales outcomes, and we will never engage in fake reviews or practices that breach platform rules.
10 Confidentiality
Each party agrees to keep the other's confidential information private and to use it only for the purposes of the engagement. This obligation continues after the engagement ends.
11 Warranties & limitation of liability
We provide our Services with reasonable skill and care. However, we do not warrant specific commercial results, such as guaranteed sales, rankings, leads, or revenue, as these depend on many factors beyond our control.
To the maximum extent permitted by law, our total liability arising out of or in connection with an engagement shall not exceed the total fees paid by you for the specific Services giving rise to the claim. We are not liable for any indirect, incidental, or consequential losses, including loss of profits, data, or goodwill.
12 Termination
Either party may terminate an engagement with written notice as set out in the Proposal. On termination, you agree to pay for all Services performed and costs incurred up to the termination date. Sections relating to payment, intellectual property, confidentiality, and liability survive termination.
13 Governing law
These Terms are governed by and construed in accordance with the laws of Malaysia, and the parties submit to the exclusive jurisdiction of the courts of Malaysia.
14 Changes to these Terms
We may update these Terms from time to time. The latest version will always be published on this page with an updated "Last updated" date. Continued use of our website or Services after changes are posted constitutes acceptance of the revised Terms.
15 Contact us
Questions about these Terms?
Get in touch and we'll be happy to help:
- Thezhen Creative Sdn Bhd
- B-5-8 Plaza Mont Kiara, 50480 Kuala Lumpur, Malaysia
- Email: hello@thezhen.com
- WhatsApp / Phone: +60 12-317 2059
These Terms of Service are provided for general informational purposes and do not constitute legal advice. We recommend having them reviewed by a qualified legal professional to ensure they fully meet your specific business and regulatory requirements.