Terms & Conditions

Terms & Conditions of Sale

These Terms and Conditions of Sale govern all orders placed with The Malaysian DotCom Sdn Bhd (738717-A / 200601018964) for web design, web hosting, eCommerce, AI automation, content maintenance, outsourcing, white label and related services offered through TheMalaysian.com. By placing an order you agree to be bound by these terms.

Parties

The Seller is The Malaysian DotCom Sdn Bhd, a company incorporated in Malaysia. The Buyer is any individual or company that places an order for services. Both parties shall be bound by these terms in respect of all services transacted.

Pricing & Payment

All prices are quoted and payable in Malaysian Ringgit (MYR) unless otherwise agreed in writing. Prices are as stated on our website or in our written quotation. Where a discrepancy exists between website pricing and a written quotation, the quotation shall prevail.

We reserve the right to revise prices at any time prior to acceptance of your order. Once an order has been accepted and invoice issued, the price is fixed for that order.

Annual renewal prices include your .com domain name registration. Domain registration costs are set by international registrars and may vary slightly from year to year — we will always notify you of any change before your renewal date. Renewal prices may also vary based on optional add-on services such as content maintenance plans.

A sale is considered consummated when we issue your hosting account details and/or commence the website design or automation setup process.

Service Delivery Timelines

All delivery timelines commence from the date we receive both full payment and all required content from you (whichever is later). Our standard timelines are:

• Starter Package — 1 business day
• Silver Package — 5 business days
• Gold Package — 14 business days
• eCommerce Package — 14 business days
• AI-Ready Business Package — 21 business days
• AI Automation (standalone) — Timeline agreed in writing at time of engagement

Timelines are estimates and may be affected by the timely provision of required content, materials, approvals and payment by the Buyer. Delays caused by the Buyer are not the responsibility of the Seller.

AI Automation Services — Specific Terms

The following additional terms apply to all AI automation services, including standalone automation engagements and the AI-Ready Business Package:

Scope of service

We will set up and configure the agreed automation workflow as specified in your order or written engagement. The scope is limited to the specific workflow agreed — additional workflows are subject to separate engagement and pricing.

Client responsibilities

• You are responsible for the content of automated messages sent to your customers, including ensuring they comply with Malaysian law and the PDPA
• You are responsible for obtaining any necessary consent from your customers to receive automated communications
• You must maintain valid accounts and access credentials with the relevant platforms (e.g. WhatsApp Business API) required to operate the automation
• You must promptly notify us of any changes to your business processes that may affect the operation of the automation

Third-party platform dependency

AI automation workflows depend on third-party platforms including but not limited to WhatsApp Business API, n8n, Make.com and similar services. The availability of these platforms is outside our control. We do not guarantee uninterrupted operation of automation workflows where interruptions are caused by third-party platform outages, policy changes or API modifications.

No guarantee of business outcomes

We do not guarantee specific business outcomes including increased leads, sales, bookings or revenue as a result of AI automation services. Our service is limited to the technical setup and configuration of the agreed workflow.

Data processing

For AI automation services, TheMalaysian.com acts as a data processor on your behalf. Please refer to our Privacy Policy for full details of how data is handled in the context of automation services.

Cancellation & Refund Policy

Stage 1 — Full refund (within 15 days, work not commenced)

You may cancel your order within 15 days of invoice issuance for a full refund, less the actual cost of domain name registration at the time of your order, provided that no work has commenced on your project.

Stage 2 — Partial refund (within 15 days, work commenced)

If work has commenced but your website or automation has not yet launched, you may request a partial refund within 15 days of invoice. The refund will be calculated based on the proportion of work not yet completed, less the cost of domain registration. We will provide a written breakdown of the calculation.

After 15 days or after launch

No refund is available after 15 days from invoice date, or after your website or automation workflow has been launched, whichever occurs first. At this point the service has been delivered.

Domain name

The domain name registered as part of your package will be transferred to you upon request, regardless of refund eligibility. Domain registration costs are non-refundable in all circumstances as they are paid directly to the registrar on your behalf.

AI automation refunds

For standalone AI automation engagements, cancellation and refund terms will be specified in the written engagement agreement. Where no specific terms are stated, the Stage 1 and Stage 2 terms above apply with "work commenced" meaning the commencement of workflow design or platform configuration.

How to request a refund

All refund requests must be submitted in writing to contact@themalaysian.com within the applicable period. We will acknowledge your request within 3 business days and process approved refunds within 14 business days.

Liability

TheMalaysian.com shall not be liable to the Buyer for any direct, indirect, consequential or special loss or damage — including without limitation loss of profits, loss of data or business interruption — arising from:

• Any fault or defect in services that the Buyer has not notified us of within 30 days of service delivery
• Third-party platform outages or changes affecting AI automation workflows
• Domain name lapsing or website downtime caused by the Buyer's failure to renew on time
• Security vulnerabilities arising from the Buyer's failure to maintain their WordPress installation or other client-managed software

Our maximum liability to you in any circumstance shall not exceed the amount paid by you for the service in question in the 12-month period immediately preceding the claim, less the cost of domain registration and initial setup.

Dispute Resolution

Any dispute arising from these Terms of Sale that is not resolved by mutual agreement within 180 days of the claim being raised shall be referred to commercial arbitration in accordance with the rules of the Malaysian Institute of Arbitrators. The laws of Malaysia shall govern all disputes.

Claims must be submitted within 30 days of the relevant event or transaction. Claims submitted outside this period shall be considered time-barred.

Amendments

We may amend these Terms of Sale at any time by posting updated terms on this page. Amended terms take effect 30 days after posting. Your continued use of our services after that date constitutes acceptance of the updated terms.

Last amended: June 2026. Previous version: January 2025.

Service Level Agreement (SLA)

TheMalaysian.com ("TMDC") has developed this Service Level Agreement to govern our online services, which consist of Website Packages, Web Hosting (Shared, Semi-Dedicated, Reseller), VPS/Cloud Servers, Dedicated Servers, Business Email, and AI Automation Services. This SLA is incorporated into our Terms of Service and any other contracts we have with you.

We reserve the right to amend this SLA at any time. We will notify you by email to your registered contact address and by posting a notice in our Client Area. If a material change impacts your ability to use the Services, you may terminate the affected service without penalty.

A. Provisions for All Customers

1. Uptime Guarantee

TMDC guarantees all hosting and email services to have at least 98% uptime per calendar month, as measured by our internal monitoring systems, excluding scheduled maintenance. Where this threshold is not met, you are eligible to claim SLA credit as set out below.

2. How to Claim

To qualify for SLA credit, a support ticket must be opened to our Billing Department within 30 days of any perceived outage. The ticket must include the date, start time and end time of the perceived outage. No other form of claim will be accepted.

3. Exclusions

The following are excluded from uptime calculations and SLA credit eligibility:

• Scheduled maintenance or planned downtime (notified in advance)
• Service disconnection due to non-payment, late payment, or account policy violations
• Customer-caused issues including misconfigured scripts, themes or plugins causing site failure
• Excessive resource usage by the customer causing throttling
• Natural disasters, terrorism, DDoS attacks or other events beyond our reasonable control
• Third-party platform outages (including WhatsApp Business API and automation platforms) affecting AI automation services

4. AI Automation Services

AI automation workflows are not subject to the uptime SLA above, as their availability depends on third-party platforms outside our control. Where an automation workflow is unavailable due to a fault within our configuration or setup, we will use reasonable commercial efforts to restore it within 2 business days of you notifying us.

B. Shared, Semi-Dedicated & Reseller Hosting

Monthly Uptime	SLA Credit (% of monthly fee)
98.0% or above	Guaranteed — no credit applicable
97.9%	10%
97.8%	20%
97.7%	30%
97.6%	40%
97.5%	50%
97.4%	60%
97.3%	70%
97.2%	80%
97.1%	90%
Below 97.0%	100%

C. Dedicated Servers

Network and Power Availability

SLA credit for downtime due to network and power issues will be given at a rate of 5% of the affected service's monthly fee for every 45 minutes of downtime experienced, up to a maximum of 100%.

Hardware Replacement

Hardware replacement will occur within 2 hours from your report of a hardware failure. SLA credit for downtime due to hardware issues will be given at a rate of 5% of the monthly fee for every additional hour of downtime beyond the 2-hour replacement window, up to a maximum of 100%.

D. Business Email

Business Email uptime SLA credits follow the same schedule as Section B above. TMDC and its vendors may perform unscheduled emergency maintenance to address security threats. Planned transitions between redundant system elements are considered maintenance and are excluded from uptime calculations.

E. Customer Responsibilities

• Account security: You are solely responsible for maintaining secure passwords and restricting access to your hosting and website accounts
• Software maintenance: You are responsible for timely updates to all customer-installed software including WordPress, themes and plugins. Clients with an active WordPress Maintenance Contract with TMDC are exempt from this responsibility
• Backups: Unless covered by a separate backup agreement, you are responsible for maintaining your own backups. TMDC is not liable for data loss resulting from your failure to back up content
• Timely communication: You agree to respond promptly to requests for information or approvals. Delays caused by slow client response are not the responsibility of TMDC
• Compliance: You must comply with our Acceptable Use Policy at all times

Last revised: June 2026 (previously May 2025). Added: AI Automation Services provisions.

Acceptable Use Policy (AUP)

This AUP governs the use of all TheMalaysian.com services. Violation may result in suspension or termination. In any dispute regarding interpretation of this AUP, TheMalaysian.com's interpretation in its reasonable commercial judgment shall govern. Enquiries: contact@themalaysian.com

Prohibited Content

You may not publish or transmit via TheMalaysian.com's service any content that:

• Constitutes pornography, child exploitation material or adult content
• Is excessively violent, incites violence, or constitutes hate speech or harassment
• Is defamatory, unlawfully invades a person's privacy, or violates their rights
• Promotes illegal drugs, gambling, illegal weapons trafficking or other unlawful activities
• Infringes any intellectual property right
• Is fraudulent, deceptive or constitutes a pyramid or chain scheme
• Creates a risk to public safety, national security or interferes with law enforcement
• Is otherwise illegal under Malaysian law

Resource Usage

You may not use our services in a way that disproportionately consumes shared resources or impairs other customers' use of the network. Specific limits apply by account type:

• Shared Cloud / WordPress accounts: Maximum 100 concurrent processes; 60-second process execution limit; 30-second MySQL query limit; 100 emails per hour; no use for file or media storage/streaming
• Reseller accounts: Maximum 200,000 inodes per account; 1024 IOPS combined; same process and email limits as above
• Managed VPS: No more than 25% of system CPU resources for more than 90 seconds
• Dedicated accounts: Standard AUP provisions apply; no additional resource restrictions

TheMalaysian.com reserves the right to determine what constitutes resource abuse and take appropriate action, with or without prior notice.

AI Automation — Acceptable Use

Clients using TheMalaysian.com's AI automation services must comply with the following in addition to all other AUP provisions:

• You may not use AI automation workflows to send unsolicited messages or spam
• All automated messages must comply with Malaysia's Communications and Multimedia Act 1998 and the PDPA
• You must not use automation services to impersonate another person or organisation
• You must not use automation services to transmit fraudulent, misleading or deceptive content
• Automation workflows may not be used to conduct or facilitate any illegal activity

Network Abuse

The following are strictly prohibited: Denial-of-Service (DoS) or DDoS attacks; phishing; port scanning; SYN floods; IP spoofing; forging email headers; unauthorised access or monitoring of systems; mail bombing; and any conduct likely to result in retaliation against the TheMalaysian.com network.

Prohibited Materials & Services

TheMalaysian.com does not accept the following:

• Public proxies, TOR, warez, escrow, HYIP or cryptocurrency mining
• Torrents, P2P file sharing, or bulk content delivery services
• Promotion of alcohol, gambling or lottery services
• Distributed computing software (e.g. CHIA miners, SETI@home)

Staff Treatment

TheMalaysian.com does not tolerate harassment, abuse, threats or ill will directed towards our staff or agents in any form or through any channel. Violation of this clause gives us the right to suspend or terminate services immediately and without liability.

Enforcement

Violations of this AUP may result in immediate suspension or termination without prior notice, at our sole discretion. No credits or refunds are provided for suspensions due to AUP violations. You agree to indemnify TheMalaysian.com against all claims arising from suspension or termination under these circumstances.

Last revised: January 2025. AI automation provisions added: June 2026.

No-Spam & No-Bulk Mailing Policy

TheMalaysian.com maintains a zero-tolerance policy for spam. By using our services, you agree to this Anti-Spam Policy as a precondition of use. Your account may only be used to send communications to persons from whom you have obtained express permission.

Rules for All Email & Message Sending

1. You must have explicit permission to contact each recipient on the subject of your message
2. You must maintain proof of permission for all recipients
3. You may not import or send to email addresses purchased, loaned, rented or acquired from any third party
4. You may not collect email addresses from other websites without permission
5. Routing, header, "From" and "To" information must be accurate and truthful
6. Subject lines must accurately reflect message content
7. All marketing emails must include a one-click unsubscribe option, honoured within 10 days
8. All marketing emails must include your valid postal address
9. All marketing emails must include a clear notice that the message is an advertisement or solicitation
10. You may not maintain open mail relays on your server

AI Automation & Automated Messaging

This No-Spam Policy applies in full to all automated messages sent via TheMalaysian.com's AI automation services, including but not limited to WhatsApp automated replies, follow-up sequences and CRM notification workflows.

Automated messages must only be sent to individuals who have initiated contact with your business or have otherwise given consent to receive automated communications. Using our automation services to send unsolicited bulk messages is a violation of this policy and will result in immediate account suspension.

Reporting Spam

To report a spam incident involving our network, please email contact@themalaysian.com. We investigate all complaints and treat them as valid unless presented with credible information to the contrary.

Last revised: January 2022. AI automation provisions added: June 2026.

Virtual Private Server (VPS) & Cloud Server Terms

These terms apply specifically to customers of TheMalaysian.com's Virtual Private Server (VPS), Cloud VPS, Semi-Dedicated and Dedicated Server services, in addition to our general Terms of Service and Acceptable Use Policy.

Resource Usage — VPS & Cloud

• Managed VPS accounts may not use 25% or more of system CPU resources for more than 90 seconds continuously
• Managed Cloud VPS and Cloud Server accounts may not use swap files to bypass resource limitations
• All VPS and Cloud accounts are subject to the standard AUP resource usage provisions
• Usage that results in performance impacts or disproportionate consumption of shared resources will be subject to throttling or account suspension

External Storage

TheMalaysian.com external storage packages are for account backup and server restoration data only. External storage may not be used for content delivery networks, file exchange and download sites, torrents or any bulk delivery service. All external storage is subject to our standard AUP and Terms of Service.

Security & Account Responsibility

VPS and Cloud Server customers take full responsibility for:

• Maintaining secure access credentials and changing passwords regularly
• Ensuring all installed software is updated and patched to current security standards
• Compliance with our AUP and all applicable Malaysian laws
• The security and content of all websites, applications and scripts hosted on their server

TheMalaysian.com makes no warranty, express or implied, regarding the security or operability of third-party software or scripts installed on your VPS or Cloud Server.

IP Address Allocation

IP addresses are assigned based on ARIN guidelines and must be justified. TheMalaysian.com reserves the right to request verification of IP address usage at any time and to revoke assignments at our discretion where usage cannot be justified.

Last revised: January 2025.