1. Acceptance of Terms
These Terms & Conditions (“Terms”) govern your access to and use of the website at https://redeagledigital.my (the “Website”) and, together with any proposal, quotation or service agreement, the digital marketing services provided by Red Eagle Digital Sdn. Bhd.
By accessing the Website, submitting an inquiry, or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Website or our services.
If you accept these Terms on behalf of a clinic, company or other organisation, you confirm that you have the authority to bind that organisation.
2. About Us
| Item | Details |
|---|---|
| Company name | Red Eagle Digital Sdn. Bhd. |
| Company registration no. | 202601019457 (1681554-U) |
| Registered address | No. 38, Taman Saujana Impian 3, Saujana Impian, 02600 Arau, Perlis, Malaysia |
| Telephone / WhatsApp | +60 19-673 5003 |
| [email protected] |
3. Definitions
- “Client” means any clinic, company, organisation or individual that engages Red Eagle Digital for services.
- “Services” means the digital marketing services we provide, including social media advertising (Meta, TikTok, Google), content marketing, copywriting, graphic and video production, CRM and automation, branding and positioning, website development and performance reporting.
- “Service Agreement” means any proposal, quotation, package confirmation, invoice or written agreement between Red Eagle Digital and the Client describing the Services, fees and specific terms.
- “Deliverables” means the materials we create for the Client under a Service Agreement, such as ad creatives, copy, videos, designs, landing pages, websites and reports.
- “Ad Spend” means the advertising budget paid to third party platforms such as Meta, Google and TikTok.
- “we”, “us”, “our” mean Red Eagle Digital Sdn. Bhd., and “you”, “your” mean the user of the Website or the Client, as the context requires.
4. Use of the Website
You may use the Website for lawful purposes only. You agree not to:
- use the Website in any way that breaches any applicable law, including the Computer Crimes Act 1997 and the Communications and Multimedia Act 1998;
- attempt to gain unauthorised access to the Website, its servers or any connected systems;
- introduce viruses, malware or any harmful code;
- copy, scrape, reproduce or republish Website content for commercial purposes without our written permission;
- submit false, misleading or another person’s information through our forms; or
- use the Website to send spam or unsolicited communications.
We may suspend or restrict access to the Website at any time, without notice, for maintenance, security or any other reason.
5. Website Information
The content on the Website is provided for general information only. We try to keep it accurate and up to date, but we do not warrant that it is complete, accurate or free from errors.
Package descriptions, pricing and other information on the Website do not constitute a binding offer. They may change without notice and are subject to confirmation in a Service Agreement.
6. Case Studies and Results Disclaimer
The case studies, revenue figures and results shown on the Website reflect the past performance of specific clients under specific conditions. To protect client confidentiality, clinic names and locations may be withheld.
Past results do not guarantee future performance. Marketing outcomes depend on many factors outside our control, including market conditions, competition, the Client’s pricing, service quality, location, staff follow-up and closing rate, and changes to advertising platform algorithms and policies. We do not guarantee any specific number of leads, patients, sales, revenue or return on investment.
7. Services and Engagement
Submitting an inquiry through the Website, WhatsApp or email does not create a contract. A contract for Services is formed only when the Client accepts a Service Agreement, whether by signing it, confirming it in writing (including by email or WhatsApp) or making the first payment. Under the Electronic Commerce Act 2006, such electronic acceptance is legally valid.
The scope, deliverables, duration and fees of the Services are as set out in the Service Agreement. If there is any conflict between these Terms and a Service Agreement, the Service Agreement prevails.
Work outside the agreed scope, including additional revisions, extra content, new campaigns or urgent requests, may be charged separately after we inform the Client.
8. Packages, Fees and Payment
- Package fees. Our packages are priced according to the Client’s monthly sales performance, as described on the Website and confirmed in the Service Agreement. Package fees are charged monthly.
- Website development. Packages that include website development carry a one time setup fee covering domain, hosting, design and deployment, as stated on the Website or in the Service Agreement.
- Taxes. All fees are exclusive of Sales and Service Tax (SST) and any other applicable taxes, which will be added where required by law.
- Payment terms. Monthly fees are payable in advance before the start of each service month. Invoices must be paid within the period stated on the invoice, or within 7 days of the invoice date if no period is stated.
- Late payment. If payment is late, we may pause campaigns, suspend Services and withhold Deliverables until full payment is received. We are not responsible for any loss of leads, sales or campaign performance caused by such suspension.
- Refunds. Fees paid for a service month that has started, and setup fees for work that has begun, are non-refundable unless otherwise stated in the Service Agreement.
- Price changes. We may revise our fees by giving the Client at least 30 days’ written notice. Revised fees apply from the next billing period after the notice.
9. Advertising Spend
Ad Spend is separate from our fees and is not included in any package. Unless otherwise agreed, Ad Spend is paid by the Client directly to the advertising platform, using the Client’s own payment method in the Client’s ad account.
Any Ad Spend recommendation we give, such as a percentage of the Client’s monthly sales target, is a guideline only. The Client decides and approves the final budget. We are not liable for charges imposed by advertising platforms, including those resulting from platform errors, billing thresholds or currency conversion.
10. Client Responsibilities
The Client agrees to:
- provide accurate, complete and timely information, materials, approvals and feedback needed for the Services;
- grant and maintain the access we need to the Client’s ad accounts, social media pages, website, CRM and other platforms;
- ensure it holds all licences, registrations and approvals required to operate its clinic or business and to offer the treatments, products or services being advertised;
- ensure that all materials it supplies (including photos, videos, testimonials, logos and patient content) are lawfully owned or licensed, and that any patient appearing in them has given written consent;
- review and approve all ad copy, creatives and claims before publication; and
- handle all leads, enquiries and patients that the campaigns generate promptly and professionally.
Delays in providing information, access or approvals may delay the Services. Such delays do not reduce the fees payable.
11. Healthcare Advertising Compliance
We design our content with healthcare advertising rules in mind. However, as the licensed healthcare provider, the Client remains fully responsible for the legal and professional compliance of its advertisements, including under:
- the Medicines (Advertisement and Sale) Act 1956;
- the Private Healthcare Facilities and Services Act 1998 and its regulations;
- the Medical Act 1971, the Dental Act 2018 and the codes of professional conduct of the Malaysian Medical Council and the Malaysian Dental Council;
- the Medical Device Act 2012, where medical devices are involved; and
- any guidelines issued by the Ministry of Health Malaysia.
The Client is responsible for obtaining any approval required from the relevant authority, including the Medicine Advertisements Board, before an advertisement is published. We may refuse to publish, or may edit, any content that we reasonably believe is misleading, unlawful or likely to breach platform policies.
12. Third Party Platforms
Our Services rely on third party platforms such as Meta (Facebook, Instagram, WhatsApp), Google, TikTok, website hosts and CRM providers. These platforms have their own terms and advertising policies, which may change at any time.
We do not control these platforms and are not liable for ad rejections, account restrictions or suspensions, changes in reach, cost or algorithm, outages, data loss or policy changes caused by them. We will use reasonable efforts to resolve such issues on the Client’s behalf, but we cannot guarantee the outcome.
13. Intellectual Property
- Website content. All content on the Website, including text, graphics, logos, images, videos, design and layout, is owned by or licensed to Red Eagle Digital and is protected under the Copyright Act 1987 and the Trademarks Act 2019. You may not use it without our prior written consent.
- Client materials. The Client retains ownership of its own logos, trademarks, photos and other materials. The Client grants us a non-exclusive licence to use them for the purpose of providing the Services.
- Deliverables. Ownership of final Deliverables created specifically for the Client passes to the Client once all fees for them have been paid in full. Until then, they remain our property.
- Our tools and know-how. We retain ownership of our templates, frameworks, methodologies, scripts, automation workflows, reporting dashboards and internal tools, including any improvements made while serving the Client. The Client receives a licence to use them only for the duration of the Service Agreement, unless otherwise agreed.
- Raw files and stock assets. Working files (such as PSD, AI or project files) are not included unless agreed in the Service Agreement. Licensed stock images, music and fonts remain subject to their licence terms.
- Portfolio. We may describe the work done for the Client in our portfolio and case studies, without naming the Client or disclosing confidential information, unless the Client gives written consent to be named.
14. Confidentiality
Each party agrees to keep confidential all non-public information received from the other party, including business data, sales figures, pricing, strategies, account credentials and patient or lead information, and to use it only for the purpose of the Service Agreement.
This obligation does not apply to information that is already public, independently developed, or required to be disclosed by law or a court order. It continues for two years after the Service Agreement ends, and indefinitely for account credentials and personal data.
15. Data Protection
We handle personal data in accordance with the Personal Data Protection Act 2010, as amended, and our Privacy Policy.
When we process lead or patient data on the Client’s behalf, the Client is the data controller and we are the data processor. The Client is responsible for having a lawful basis for that processing, including obtaining any consent required from its leads and patients. We will process such data only on the Client’s instructions, keep it secure, and return or delete it at the end of the engagement as agreed.
16. Limitation of Liability
To the maximum extent permitted by law:
- the Website and Services are provided “as is” and “as available”, without warranties of any kind beyond those expressly stated in the Service Agreement;
- we are not liable for any indirect, incidental, special or consequential loss, including loss of profit, revenue, patients, data, goodwill or business opportunity; and
- our total liability to the Client for any claim arising from the Services, whether in contract, tort or otherwise, is limited to the fees actually paid by the Client to us in the three (3) months immediately before the event giving rise to the claim.
The Services are supplied for business purposes. Nothing in these Terms excludes or limits any liability or right that cannot be excluded or limited under Malaysian law, including the Consumer Protection Act 1999 where it applies.
17. Indemnity
The Client agrees to indemnify and hold Red Eagle Digital, its directors and employees harmless from any claims, losses, fines, penalties and costs (including reasonable legal fees) arising from:
- the Client’s breach of these Terms or the Service Agreement;
- materials, information or claims supplied or approved by the Client;
- the Client’s breach of any law, including healthcare advertising and personal data protection laws; or
- the Client’s treatments, products or services.
18. Suspension and Termination
Either party may terminate the Service Agreement by giving at least 30 days’ written notice, subject to any minimum term or different notice period stated in the Service Agreement.
We may suspend or terminate the Services immediately by written notice if the Client fails to pay any amount when due, breaches these Terms or the Service Agreement and does not remedy the breach within 7 days of notice, requests content that is unlawful or unethical, or becomes insolvent.
On termination:
- all outstanding fees up to the termination date become immediately payable;
- we will hand over paid Deliverables and return the Client’s access, materials and data as agreed; and
- the Client must remove our access to its accounts, and we will remove any access we no longer need.
Sections on fees, intellectual property, confidentiality, data protection, limitation of liability, indemnity and governing law survive termination.
19. Force Majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, floods, fire, epidemics, government action, power or internet failure, cyberattacks, and outages or policy changes of third party platforms.
20. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new “Last updated” date. Your continued use of the Website or Services after the update means you accept the revised Terms. Changes do not affect a signed Service Agreement for its current term unless both parties agree.
21. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Malaysia. The parties will first try to resolve any dispute amicably through good faith discussion. If the dispute cannot be resolved within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of Malaysia.
22. General
- Entire agreement. These Terms, the Privacy Policy and the Service Agreement form the entire agreement between the parties about their subject matter.
- Severability. If any provision is found invalid or unenforceable, the remaining provisions continue in full force.
- No waiver. A failure or delay in enforcing any right is not a waiver of that right.
- Assignment. The Client may not assign or transfer its rights under these Terms without our written consent.
- Independent contractor. We act as an independent contractor. Nothing in these Terms creates a partnership, joint venture or employment relationship.
- Notices. Notices may be given by email, WhatsApp or post to the contact details last provided by the other party.
23. Contact Us
For any questions about these Terms, please contact:
Red Eagle Digital Sdn. Bhd.
No. 38, Taman Saujana Impian 3, Saujana Impian, 02600 Arau, Perlis, Malaysia
Email: [email protected]
Telephone / WhatsApp: +60 19-673 5003