Terms and Conditions

DIGITAL MARKETING

Search Engine Optimisation (“SEO”) Projects

All payment for SEO packages are payable on monthly, quarterly, half yearly and yearly basis, unless specifically agreed and stated in the signed quotation or Service Agreement entered into between MediaPlus Digital Pte. Ltd. and the Client.

There will be NO changes in keywords selection once the SEO project commences. Change request can be made during the renewal period or after 6 months from campaign start date and is subject to review by MediaPlus Digital Pte. Ltd..

All additional keywords requirements or changes in keywords may be separately chargeable after project commences.

Any alterations that differ from the initial agreed campaign may result in delays and changes to the projected timeline as initially agreed. MediaPlus Digital Pte. Ltd. will not be responsible for any such delay or change.

MediaPlus Digital Pte. Ltd. reserves the right to reject any add on requests and/or amendments after project approval and commencement.

Due to the infinite number of considerations that search engines use when determining a site’s ranking, MediaPlus Digital Pte. Ltd. cannot guarantee any particular placement and provides no representation, warranty or undertaking that the eventual placement will meet any performance standard or be error free. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

MediaPlus Digital Pte. Ltd. will not be accountable for results fluctuations due to changes in search engine algorithms which may happen from time to time.

MediaPlus Digital Pte. Ltd. will not be liable for any losses and/or potential losses caused directly/indirectly by campaign result fluctuations during the duration of the campaign.

Search Engine Marketing (“SEM”) Services

All payments for SEM services are payable on monthly, quarterly, half yearly and yearly basis, unless specifically agreed and stated in the signed quotation or Service Agreement entered into between MediaPlus Digital Pte. Ltd. and the Client.

MediaPlus Digital Pte. Ltd. will not be accountable for results fluctuations due to changes in search engine algorithms which may happen from time to time. 

MediaPlus Digital Pte. Ltd. will not be liable for any losses and/or potential losses caused directly/indirectly by campaign result fluctuations during the duration of the campaign. 

All cancellations will have to be in writing and requested for with at least 1 month’s notice prior to the cancellation date.

MediaPlus Digital Pte. Ltd. reserves the right to invoice for the full campaign amount in the event of abrupt cancellation by the Client, in its sole discretion.

The Client is allowed to pause the SEM project for a maximum of 7 days for every 3-months campaign period, upon request in writing. Subsequent requests for postponement of the SEM project will incur an extra fee of SGD499.

In the event that there has been a delay in the payment for the SEM project, MediaPlus Digital Pte. Ltd. will have the full discretion to pause the project until the payment is received.

Social Media Advertising (“SMA”) Campaigns

The Client is allowed to pause the SMA campaign for a maximum of 7 days for every 3-months campaign period, upon request in writing. Subsequent requests for postponement of the SMA campaign will incur an extra fee of SGD499. 

In the event that there has been a delay in the payment for the SMA campaign, MediaPlus Digital Pte. Ltd. will have the full discretion to pause the project until the payment is received.

Project Acceptance

At the time of proposal, MediaPlus Digital Pte. Ltd. will provide the Client with a Service Agreement or quotation. A copy of the Service Agreement or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to MediaPlus Digital Pte. Ltd.. Alternatively, the Client may send an official purchase order in reply to the Service Agreement or quotation, indicating its agreement to these Terms. No work on a project will commence until acceptance of the Service Agreement or quotation, and agreement to these Terms have been received by MediaPlus Digital Pte. Ltd. in a form satisfactory to it.

Payment

The Client will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable to MediaPlus Digital Pte. Ltd.. The Client shall pay the Invoice within 14 days upon receipt of invoice from MediaPlus Digital Pte. Ltd. Accounts which remain outstanding for 14 days after the date of invoice, will incur interest of 2% per month of the outstanding amount without any demand or notice being required.

The Client shall be responsible for and pay all applicable taxes including goods and services tax and withholding tax (if any) at the prevailing rate imposed or levied on the service and our fees and other charges.

Payments may be made by cash, bank transfer, Paynow or cheque made payable to MediaPlus Digital Pte. Ltd.. Publication and/or release of work produced by MediaPlus Digital Pte. Ltd. on behalf of the Client, may not take place until full payment in cleared funds has been received.

Returned cheques will incur an additional fee of SGD30 per returned cheque. MediaPlus Digital Pte. Ltd. reserves the right in its sole discretion to consider an account to be in default in the event of a returned cheque.

Design Charges 

Charges for design services to be provided by MediaPlus Digital Pte. Ltd. will be set out in the written estimate or quotation that is provided to the Client. At the time of the Client’s signed acceptance of this estimate or quotation, indicating acceptance of these Terms, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until MediaPlus Digital Pte. Ltd. has received this amount.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of 50% of the project quotation total before the work is supplied to the Client for review. The remaining 50% of the project quotation total will be due upon completion of the work prior to upload to the server, handover to the Client or release of materials.

Source Files

Charges for design work do not cover the release of copyright design files including indd, psd, png, fla, .pdf or any other source files, the intellectual property rights of which shall remain vested in MediaPlus Design Pte. Ltd. or its licensors, as the case may be; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge as agreed between the parties.

Charges for Other Services

Charges for any additional services over and above the estimated quotation, shall be separately agreed and will become fully payable (i.e. 100% of the quoted amount) at the time of agreement between the parties of such additional charges.

Default

An account shall be considered in default if it remains unpaid for 14 days from the date of invoice, or following a returned cheque. MediaPlus Digital Pte. Ltd. shall be entitled to remove the Client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

For the avoidance of doubt, the removal of such materials does not relieve the Client of its obligation to pay the due amount. Clients whose accounts become in default agree to indemnify MediaPlus Digital Pte. Ltd. against any and all liability, damages and/or costs, including but not limited to reasonable legal expenses and third party collection agency fees as a result of or arising from the  enforcement of these Terms.

Copyrights and Trademarks

All intellectual property rights and copyrights is retained by MediaPlus Digital Pte. Ltd. on all design work, features and functionalities including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all applicable costs have been settled. Where this is the case, only the finished and final tangible versions of any deliverables delivered to the Client will be considered specially commissioned for the Client, with all intellectual property rights therein to vest in the Client. 

For the avoidance of doubt, if a choice of design is presented, only one solution and final and finished deliverable are deemed to be given by MediaPlus Digital Pte. Ltd. as fulfilling the contract. All other designs and intellectual property rights remain the exclusive property of MediaPlus Digital Pte. Ltd., unless agreed in writing between MediaPlus Digital Pte. Ltd. and the Client.

By supplying text, images and any other data/information to MediaPlus Digital Pte. Ltd. for inclusion in the Client’s website or other medium, the Client hereby represents and warrants that it is the exclusive owner of all such materials and/or that it holds the appropriate copyright and/or trademark permissions and that such materials do not infringe the intellectual property rights of any third party The ownership of such materials will remain with the Client, or rightful copyright or trademark owner. Notwithstanding the foregoing, the Client hereby grants to MediaPlus Digital Pte. Ltd. a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use such materials in the provision of its services under these Terms. 

Unless otherwise agreed in writing, any artwork, images, or text supplied and/or designed by MediaPlus Digital Pte. Ltd. on behalf of the Client, will remain the property of MediaPlus Digital Pte. Ltd. and/or its suppliers.

The Client may request in writing from MediaPlus Digital Pte. Ltd., the necessary permission to use materials (in respect of which MediaPlus Digital Pte. Ltd. holds the intellectual property rights) in forms other than for which it was originally supplied, and MediaPlus Digital Pte. Ltd. may, in its sole discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to MediaPlus Digital Pte. Ltd., the Client grants MediaPlus Digital Pte. Ltd. permission to use this material freely in the pursuit of the design.

Should MediaPlus Digital Pte. Ltd., or the Client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow MediaPlus Digital Pte. Ltd. to remove and/or replace the file on the site.

The Client agrees to fully indemnify and hold MediaPlus Digital Pte. Ltd. free from harm in any and all claims, liability, damages and/or costs resulting from the Client’s breach of any of its undertakings, representations and warranties above and any Term herein. Any claim against MediaPlus Digital Pte. Ltd. shall be limited to the relevant fee(s) paid by the Client.

Licensing

Any design, copywriting, drawing, idea or code created for the Client by MediaPlus Digital Pte. Ltd., or any of its sub-contractors, is licensed for use by the Client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of MediaPlus Digital Pte. Ltd. and any of its relevant sub-contractors.

Where there is a risk of infringement or breach of third party intellectual property rights, all design work should be registered by the Client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use, at its own expense. MediaPlus Digital Pte. Ltd. will not be held responsible for any and all damages resulting from such claims. MediaPlus Digital Pte. Ltd.  is not responsible for any loss, or consequential, exemplary, special, punitive or other damage or loss due to or arising from the non-delivery of products or services, of whatever cause. The Client agrees not to hold MediaPlus Digital Pte. Ltd. responsible for any such loss or damage. Any claim against MediaPlus Digital Pte. Ltd. shall be limited to the relevant fee(s) paid by the Client.

Data Formats

The Client agrees to MediaPlus Digital Pte. Ltd.’s definition of acceptable means of supplying data to it, to be decided in its sole discretion.

Texts and images which are supplied in an electronic format are to be provided in a format as prescribed by MediaPlus Digital Pte. Ltd. via      online shared drive, e-mail / FTP, or any other means as agreed between MediaPlus Digital Pte. Ltd. and the Client.

Images must be of a quality suitable for use without any subsequent image processing, and MediaPlus Digital Pte. Ltd. will not be held responsible for any image quality which the Client later finds unacceptable. MediaPlus Digital Pte. Ltd. cannot be held responsible for the quality of any images which the Client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images, which shall be billed to the Client.

MediaPlus Digital Pte. Ltd.’s Responsibilities

Project Planning: MediaPlus Digital Pte. Ltd. will work with the Client in developing and implementing a project strategy and plan tailored to meet the objectives outlined by the Client.

Monitoring and Analysis: where applicable, MediaPlus Digital Pte. Ltd. will monitor and analyze website development project or digital marketing campaign performance and provide regular reports or updates to the Client. Adjustments to strategy will be made as needed to achieve optimal results.

Compliance with Industry Standards: MediaPlus Digital Pte. Ltd. will adhere to industry best practices and standards governing digital marketing and website development activities.

Communication: MediaPlus Digital Pte. Ltd. will maintain open and transparent communication with the client, promptly addressing inquiries and providing updates on project or campaign progress. The communication channels between MediaPlus Digital Pte. Ltd. and the Client include e-mail, Whatsapp message, phone call or any other channel as agreed between MediaPlus Digital Pte. Ltd. and the Client from time to time.

Collaboration on Design: MediaPlus Digital Pte. Ltd. will collaborate with the client on the design and layout of the website, incorporating branding guidelines and ensuring a cohesive online presence.

Client’s Responsibilities

Business Information: The Client shall provide accurate and up-to-date information about their business, target audience, products, and services to facilitate the development of an effective digital marketing strategy and website.

Branding Guidelines: The Client will provide branding guidelines, including logos, taglines, and other brand assets necessary for the creation of consistent and cohesive digital marketing materials and website design.

Access to Platforms: The Client will grant necessary access to digital platforms and tools required for campaign execution, such as social media accounts, website analytics, and advertising accounts.

Feedback and Approval: The Client will promptly provide feedback on proposed strategies, creative materials and website designs. Timely approval of campaigns, materials and website components is essential for efficient execution.

Collaboration: The Client agrees to collaborate with MediaPlus Digital Pte. Ltd., sharing insights, updates, and feedback that may impact the ongoing digital marketing strategy and website development.

Timely Payment: The Client will make timely payments for services rendered by MediaPlus Digital Pte. Ltd., as outlined in the agreed payment terms.

Inactive Projects

MediaPlus Digital Pte. Ltd. will consider a project as inactive if after multiple follow-ups, the Client is still not responding to MediaPlus Digital Pte. Ltd’s request for information, direction, feedback, or approval. 

Under such scenario, MediaPlus Digital Pte. Ltd. will pause the project and allocate its resources to other ongoing projects until the Client reaches out back to continue the project (“Resumption”). 

A reactivation fee of SGD500 to retrieve data and information, and to allocate new resources will be imposed to the Client for the Resumption of the project. 

If the Client remained unresponsive after 2 years from the project is identified as inactive, MediaPlus Digital Pte. Ltd. reserves the right to remove the project’s data and information from its database / server. MediaPlus Digital Pte. Ltd. will not be held liable for loss of any data and information in this regard.

Limited Liability

To the maximum extent permitted by applicable law, in no event shall MediaPlus Digital Pte. Ltd. be responsible for any consequential, exemplary, special, punitive or other damages, including, without limitation, lost revenue or profits, in any way arising out of or related to any of the services fulfilled and provided under these Terms. Any claim against MediaPlus Digital Pte. Ltd. shall be limited to the relevant fee(s) paid by the Client. The Client remains solely responsible, irrespective of the legal basis for a claim, for the use of all deliverables pursuant to the services provided hereunder, and all activities conducted around, through and in connection therewith by the Client, its end users and any other third parties and any reactions, consequences and actions or breach of applicable laws that may result from the viewing, disclosure, exhibition, marketing, promotion and other commercial communications in respect of such deliverables. The Client further represents and warrants that it shall conduct its business as related to such deliverables at all times in full compliance with all applicable laws. 

Force Majeure

MediaPlus Digital Pte. Ltd. is not liable for a failure to perform any of its obligations if: (a) the failure was due to war, riot, revolution, act of piracy, act of sabotage, violent storm, cyclone, earthquake, tidal wave and floods which are not seasonally expected; 

(b) it could not reasonably be expected to have foreseen its effect upon its ability to perform at the time of the conclusion of the relevant contract; or 

(c) it could not reasonably have avoided or overcome it. MediaPlus Digital Pte. Ltd. shall promptly notify the Client of any such event if the affected party is MediaPlus Digital Pte. Ltd. and such an event lasts longer than 30 days.

In such an event, MediaPlus Digital Pte. Ltd. may, without penalty, liability or further obligation, terminate the relevant contract with written notice.

Design Credits

The Client agrees to allow MediaPlus Digital Pte. Ltd. to place a small credit on printed material exhibition displays, advertisements and/or a link to MediaPlus Digital Pte. Ltd.’s website on the Client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page, as designed by MediaPlus Digital Pte. Ltd. in its sole discretion.

The Client also agrees to allow MediaPlus Digital Pte. Ltd. to place websites and other designs, along with a link to the Client’s site on MediaPlus Digital Pte. Ltd.’s website for demonstration purposes and to use any designs in its own publicity and portfolios and hereby grants to MediaPlus Digital Pte. Ltd. a perpetual, irrevocable, non-exclusive, transferable, royalty-free and worldwide license to use such materials for its intercompany, file, reference, publicity, website and social media sites. 

Rights of Refusal

MediaPlus Digital Pte. Ltd. will not include in its designs, any text, images or other data which it deems in its sole discretion to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards and authorities and the Client remains solely responsible for ensuring that there is no breach of applicable laws in the dissemination, sharing or use of such material. MediaPlus Digital Pte. Ltd. also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that MediaPlus Digital Pte. Ltd. does include in all good faith, and subsequently discovers is in contravention of these Terms, the Client hereby agrees to allow MediaPlus Digital Pte. Ltd. to remove the contravention without hindrance, or penalty. MediaPlus Digital Pte. Ltd. is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made formally in writing with 1 month’s notice via e-mail to [email protected] and mail to MediaPlus Digital Pte. Ltd’s postal address. The Client will then be invoiced for all work completed over and above the non-refundable deposit initially made, with such balance due and payable within 14 days. Please note: any cancellation which is not formally confirmed in writing and received by MediaPlus Digital Pte. Ltd. within 14 days of such instruction being issued, will not be effective and the Client shall be liable for the full quoted cost of the project.

For the avoidance of doubt, MediaPlus Digital Pte. Ltd. remains the sole and exclusive owner of all content created and working files until the required payment is received.

MediaPlus Digital Pte. Ltd. may, in its sole discretion, at any time and for any or no reason, suspend or terminate the provision of any of its services hereunder with or without prior notice, including where the Client fails to comply with any Term herein. In such an event, the Client will be invoiced for all work completed over and above any payments initially made, with such balance due and payable within 14 days. 

Subcontracting  

MediaPlus Digital Pte. Ltd. may, from time to time, utilise the services of various partner organisations/Service Providers (both affiliated companies and external organisations, “Partners”) for domain and hosting, data processing, operational activities, management and maintenance. Such Partners may be based in Singapore or outside of Singapore.  

We would like to assure you that all our Partners are selected using a rigorous evaluation process, to ensure they deliver the highest possible standards of service, reliability and integrity. Our Partners are bound by contractual arrangements to keep Client information confidential and to use such information strictly for contracted purposes and MediaPlus Digital Pte. Ltd. is committed to ensuring that our Partners adhere to these obligations.

Applicable laws both in Singapore and other jurisdictions may require MediaPlus Digital Pte. Ltd. and our Partners to disclose information relating to MediaPlus Digital Pte. Ltd.’s Clients to relevant authorities. The circumstances under which our Partners may be required to do so are limited and include compulsion under a court order, police investigations or criminal prosecutions. 

Dispute Resolution

In the event of any disputes arising under or in connection with these Terms, the use of our services and/or purchase of our products and services, both MediaPlus Digital Pte. Ltd. and the Client agree to engage in good faith negotiations to seek an amicable resolution. 

MediaPlus Digital Pte. Ltd. has established a client conflict resolution framework. For further information, please submit a request to our management team or contact us via email at [email protected].

Non-Compete and Non-Solicitation 

During the term and after the termination or completion of the project, the Client agrees not to directly or indirectly engage in, participate in, or provide financial assistance to any business or activity that is similar to or competitive with the business of and services provided by MediaPlus Digital Pte. Ltd.. The Client also agrees not to directly or indirectly solicit, hire, or engage the services of any employee or contractor of MediaPlus Digital Pte. Ltd. involved in the execution of the project.

Notwithstanding the above, the Client shall be permitted to hire or engage the services of MediaPlus Digital Pte. Ltd.’s employees or contractors with the express written consent of MediaPlus Digital Pte. Ltd..

Disclaimer

MediaPlus Digital Pte. Ltd. makes no representations, warranties or guarantees of any kind, express or implied, for any and all products and/or services that it supplies. MediaPlus Digital Pte. Ltd. will not be held responsible for any and all damages resulting from products and/or services it supplies. MediaPlus Digital Pte. Ltd. is not responsible for any loss, or consequential, exemplary, special, punitive or other damage, including any loss of data, due to or arising from the non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold MediaPlus Digital Pte. Ltd. responsible for any such loss or damage. Any claim against MediaPlus Digital Pte. Ltd.  shall be limited to the relevant fee(s) paid by the Client.

MediaPlus Digital Pte. Ltd. reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by the Terms and Conditions imposed by such persons. MediaPlus Digital Pte. Ltd. will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.

General

Save where a separate Service Agreement is entered into between MediaPlus Digital Pte. Ltd. and the Client, these Terms contain the entire agreement of the parties and supersedes all prior understandings or agreements as to the subject matter covered by these Terms and the Client has not agreed to these Terms in reliance upon any representation, warranty or undertaking which is not expressly set out or referred to in these Terms. 

These Terms supersede any previous Terms distributed in any form. MediaPlus Digital Pte. Ltd. reserves the right to change any rates and any of these Terms at any time and without prior notice. The Client’s continued use of services provided by MediaPlus Digital Pte. Ltd. after any such change to the Terms indicates its acceptance of the same, as modified. 

The provision of services under these Terms and these Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. The parties hereby agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore. 

 MediaPlus Digital Pte. Ltd. shall perform services hereunder as an independent contractor and nothing in these Terms shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or master and servant between it and the Client. 

A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any Term herein, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.

Acceptance of Terms and Service Agreement

The placement of an order for any products or services offered by MediaPlus Digital Pte. Ltd., by email, verbally or in writing, is deemed to be acceptance of these Terms by the Client, which are freely available at www.mediaplus.com.sg.

An amount validated by the Client’s signature on the Service Agreement constitutes acceptance of these Terms and forms a Contract for Business between the signatory and MediaPlus Digital Pte. Ltd..