Terms of Purchase - MSCM Studios

W Tech Media Sdn Bhd (Company No. 1424596-T), trading as MSCM Studios (“MSCM Studios”, “we”, “us”) · Effective 21 September 2026

By ticking the acceptance box at checkout, purchasing, paying for, or continuing to receive any service from MSCM Studios, you (“you”, “the Client”) agree to these Terms of Purchase. These Terms form the complete and binding agreement between you and MSCM Studios for the services — accepting them has the same effect as signing an agreement, and no separate Memorandum of Understanding (MoU) or signature is required.

1. Application and acceptance

These Terms govern every service you buy from MSCM Studios, online, on a self-serve basis, or on a scoped basis, and any continued service that follows. They are the entire agreement between the parties for the services and replace any separate MoU signature.
Where a written Statement of Work, proposal or invoice is agreed for a scoped engagement (for example, Growth Partner), it sets the specific commercial scope for that engagement — deliverables, price and timeline. These Terms govern everything else and apply to that engagement as if repeated in it; on any point a Statement of Work does not expressly cover, these Terms prevail.
Where service continues beyond any stated or fixed term, these Terms continue to govern that service on a rolling basis (see clauses 3 and 6).

2. Services, packages and deliverables

We provide the service described for the tier or package you purchase; deliverables are as per your invoice. Any automated and consulting are advisory and/or tool services — you retain execution, and we are not accountable for sales outcomes, because execution, inventory and pricing decisions remain with you. Any social media postings and social commerce execution and management are execution services scoped on a call where our responsibilities and deliverables are explicitly mentioned in proposal, invoice and this Terms page. We are not responsible or liable for services and outcomes that are not explicitly agreed in writing.
Services are billed on a package basis. Unused portions of a package cannot be substituted, exchanged or pro-rated on the invoice.
Additional requests or customisation outside the package deliverable scope incur additional charges, which require your written approval before we commence, and are billed in the next invoice.
We strive for strong results but do not guarantee any specific sales, revenue, ROAS or other outcome. Case studies and examples are illustrative only. A conditional performance guarantee is available only to shops that separately meet the stated criteria — see our Refund Policy (clause 14).

3. Term, continuation and auto-renewal

Recurring services are billed in advance on the cycle chosen at purchase (weekly or monthly) and continue on a rolling basis until cancelled under clause 5. One-time services (Expert Consulting) are paid once in full, do not renew and have no notice period.
Any trial, introductory, promotional or fixed initial term automatically continues as a rolling monthly engagement on these Terms, at the then-current standard price for the tier, unless you cancel in writing before that period ends. A trial or fixed term does not end the relationship automatically; it converts to ongoing service on these Terms.
Continued receipt of services, and/or any payment made after an initial or trial term, constitutes your acceptance of continued service under these Terms.
These Terms remain valid and binding for the full duration of your engagement and, in any event, for a period of thirty (30) days following the date on which MSCM Studios most recently provided any service to you — regardless of the term stated in any trial, initial, promotional or fixed-term arrangement, regardless of whether it has been renewed or updated in writing, and regardless of whether any payment is outstanding or overdue. Each service we provide renews this thirty (30) day binding period.
For scoped engagements requiring a deposit, service must commence within three (3) months of the deposit payment. Failure to commence within that period results in the deposit being forfeited.

4. Payment and taxes

Fees for online/self-serve purchases are payable in advance; recurring fees are charged on the monthly anniversary of your purchase. For invoiced or scoped engagements, the invoice is raised at the start of the services and is payable within fourteen (14) days of the invoice date.
Each service, product or package is charged as its own separate payment/line item.
All fees are quoted exclusive of 8% SST and any other applicable taxes, including Digital Service Tax (DST) and Withholding Tax (WHT). Such taxes are added to invoices, or borne by the Client, as the applicable law requires; where withholding tax applies, it does not reduce the net fee payable to MSCM Studios.
If a payment is late or fails, we may suspend services until payment is received. Suspension or non-payment does not cancel your engagement, does not amount to notice of cancellation, and does not waive any fees. You remain liable for all fees for services provided and for the applicable notice period (clause 5).
Unused purchases and services expire. Any service, session, credit or package you have purchased but not used expires thirty (30) days after the date of purchase. Unused services do not roll over or carry forward, and no refund or credit is given for services left unused after that date.

5. Cancellation and termination

To cancel a recurring service you must give one (1) month’s written notice (email to hello@mscm.my is sufficient). This notice period applies to all rolling engagements, including those that began as a trial or fixed term.
Ceasing to pay, ceasing to use the service, or informal indications are not a valid cancellation. Cancellation takes effect only on written notice under clause 5.1. Fees remain payable through the end of the notice period.
MSCM Studios reserves the right to terminate with immediate effect, without compensation to you, in the event of: (i) platform account deactivation or restriction caused by your actions; (ii) breach of platform policies by you; or (iii) material non-cooperation that impedes service delivery.

6. Refunds

Fees are non-refundable once work or the current billing cycle has commenced; deposits are non-refundable. Automated/digital products (including the Automated Daily Sales Plan) are non-refundable once delivered. Expert Consulting may be cancelled for a refund, less an RM500 administration charge, only before you give us access to your shop or send us your shop data; after that it is non-refundable. On early termination after service has commenced, any services already delivered, in production, or approved by you are non-refundable; any refund, where applicable, is strictly limited to services not yet commenced as at the effective cancellation date and is at MSCM Studios’ sole discretion. SST and any other applicable taxes (such as DST and WHT) are not refundable separately from the underlying fee. See our Refund & Cancellation Policy.

7. Service levels

Response time: we acknowledge any service request within 24 hours (one working day).
Delivery time: we deliver at the timeline agreed in writing. For ad-hoc services, additional services and amendments, delivery is within one (1) to five (5) working days of the request depending on its nature; where an external party is involved, delivery within 5 working days cannot be guaranteed due to factors beyond our control.
Scheduling: you must schedule any shoot at least one (1) week in advance. We do not guarantee availability for shoots scheduled with less than one week’s notice, or that fall on weekends, public holidays or outside working hours.
Amendments & feedback: you are responsible for providing direct, actionable feedback for implementation. Non-actionable feedback may not achieve your expectations within two (2) rounds of editing.
Acceptance: all content delivered is deemed accepted unless you provide specific written feedback within five (5) working days. Once content is approved or published on any platform, it is considered final.

8. Your responsibilities

Assign a contact person for communication on service and payment.
Obtain the permissions needed to shoot and publish in any location other than MSCM Studios’ premises.
Provide access to your social media account(s), including login information and any permissions the platform requires; and provide information, creative assets, branding guidelines, product and product information, and internal talent, in a timely manner so we can complete the work on schedule.
Pay promptly within fourteen (14) days of invoice.
Ensure full compliance with the terms, guidelines and policies of all relevant platforms and third-party services. You accept full responsibility for any account bans, strikes or deactivations arising from your actions, and acknowledge that MSCM Studios is not liable for platform enforcement outcomes.
By approving work for publication, you agree to indemnify and hold MSCM Studios harmless against any losses, legal liabilities or actions arising from the published work.
Deliver any items to MSCM Studios’ premises by the deadline given, using your chosen logistics provider at your own expense. Upon contract termination or expiration, you remain fully responsible for all expenses and logistics required to retrieve and transport products from our premises. If you fail to retrieve all products within thirty (30) calendar days of contract expiration or termination, the products will be deemed abandoned. MSCM Studios reserves the absolute right to dispose of, liquidate, recycle, or destroy any remaining products at our sole discretion, without further notice or liability to the Client. Any costs incurred during the disposal of abandoned items may be billed to the Client.

9. Intellectual property and content usage rights

Agency-created content (without paid talent): you have full rights to the final edited files.
Agency-created content (with paid talent): deliverables are strictly for use on the specific platform targeted for that project, as invoiced. Additional distribution rights for other channels or platforms must be secured before the invoice is issued; requests made after the proposal is accepted or the invoice is issued are subject to additional fees.
Creator-generated content (KOL / KOC / influencer): usage is strictly limited to that creator’s own platform unless they have granted permission otherwise in writing. Requests for extended usage rights, raw/edited files, or paid-ads/whitelisting codes made after the proposal is accepted or the invoice is issued are subject to additional fees.
Names and logos: fair use of the other party’s name and logos is permitted when referring to the partnership in marketing materials, so long as it may not reasonably be construed as endorsement. All other uses of either party’s intellectual property require the other party’s prior written consent.
You warrant that any materials you provide do not infringe any third-party rights. MSCM Studios makes no warranty regarding specific performance metrics (including ROI) or the personal conduct of influencers beyond their contractual obligations.

10. Confidentiality

All information exchanged between the parties, whether before or after acceptance of these Terms, that is not publicly available is subject to confidentiality and may be used only for the performance of the engagement.

11. Personal data protection

Any personal data collected by either party must be used only for the performance of the engagement and in compliance with all applicable data-protection laws in Malaysia. Personal data you provide to MSCM Studios is handled in accordance with our Privacy Notice.

12. Indemnification

Each party agrees to indemnify, defend and hold harmless the other from and against any losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with any claim to the extent caused by the indemnifying party’s breach of these Terms.
By approving our work for publication, you indemnify and hold MSCM Studios harmless against any losses, legal liabilities or actions arising from the published work.
Each party indemnifies the other against any losses arising from third-party software or platforms used to provide the services, including: software or platform policy changes and enforcement; the platform not working correctly (malfunctions, errors, downtime); any data breaches, leaks or security incidents caused by the platform; and the platform or software provider collecting, using or sharing data (including your data) for purposes such as analytics or training artificial-intelligence models. Both parties acknowledge that neither controls these providers’ policies, enforcement or data practices, which are governed by the providers’ own terms and privacy policies.
Client Social Media & User Generated Content: We are not responsible or liable for any actions, comments, engagement, or content posted by end-users, followers, or third parties on the Client’s social media platforms or digital accounts. We accept no liability for any direct, indirect, incidental, or consequential damages—including but not limited to loss of reputation, goodwill, revenue, or business opportunities—arising from or related to third-party user activity or public reactions on the Client’s platforms.

13. Limitation of liability

While we strive to achieve the desired outcomes, MSCM Studios does not guarantee specific results or outcomes of the services.
Where you engage us for influencer services: we assume no liability for any damages arising from influencer statements or actions; influencers are freelancers, not employees of MSCM Studios, and we are not liable for their actions; our responsibility is limited to providing influencers within reasonable parameters you specify.
MSCM Studios is not liable for any loss or delay caused by your failure to provide information or arrangements in a timely manner.
In no event is either party liable to the other for any indirect, incidental, consequential, special or exemplary damages, including loss of profit, loss of goodwill or loss of data, even if advised of the possibility.
To the extent permitted by law, MSCM Studios’ total liability arising out of or in connection with the services is limited to the fees paid by you for the service in the one (1) month preceding the claim.

14. Performance guarantee

Our performance guarantee is a discretionary goodwill gesture, not a deliverable or an entitlement. Its scope, eligibility, proof requirements, timing and the basis on which any amount is calculated are set out in full in our Refund & Cancellation Policy, which forms part of these Terms.

15. Changes to these Terms and the Refund Policy

We may update these Terms and our Refund & Cancellation Policy at any time. An update takes effect on your next subscription renewal or 30 days after we publish it, whichever is earlier.
For major updates — those that affect your service deliverables or the performance guarantee — we will notify you by email to the address on your account before they take effect, so you have the option to cancel under clause 5 before the change applies to you.
By continuing your subscription after an update has taken effect, you accept the updated Terms and Refund Policy.
Changes apply going forward, not backward: any performance-guarantee claim is assessed under the version of the Refund Policy in force at the start of the claim period it relates to. We do not change the rules for a claim period you have already paid for and begun.

16. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of Malaysia. The parties will attempt to resolve disputes by mutual negotiation, then by mediation via the Malaysian Mediation Centre before initiating legal proceedings. The courts of Malaysia have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms, including any question about their existence, validity or termination.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck out and the remaining provisions shall remain in full force and effect.

18. Without prejudice

Nothing in these Terms shall be construed as an admission of liability by MSCM Studios. Any discretionary gestures, accommodations or communications made outside these Terms are made without prejudice and shall not affect the enforceability of the terms herein.

19. Notices

All notices shall be in writing and shall be deemed duly given when delivered in person, by registered mail, or by official electronic communication (including email to the address on your account or to hello@mscm.my).

20. Waiver

No waiver of any provision of these Terms is effective unless made in writing and agreed by both parties.

21. Force majeure

Neither party is liable for any delay or failure to perform caused by an event beyond its reasonable control, including acts of God, war, terrorism, natural disasters, government restrictions or strikes. The affected party shall promptly notify the other and use reasonable efforts to mitigate the impact; the time for performance is extended for the duration of the event. If the event continues for more than 30 days, either party may terminate on 30 days’ written notice.

22. Contact

W Tech Media Sdn Bhd (1424596-T), trading as MSCM Studios · Kuala Lumpur · hello@mscm.my · +6011 2304 3526