Terms of Service

Last updated: 21 June 2026

These Terms of Service (“Terms”) govern your access to and use of the website located at novycom.com (the “Website”) and the services provided by Novycom Digital Sdn Bhd (Registration No. 202601024115 / 1686212-P) (“Novycom”, “we”, “us” or “our”). By accessing the Website or engaging our services, you (“you”, “the Client”) agree to be bound by these Terms. If you do not agree, you must not use the Website or our services.

1. Definitions

  • “Services” means the cross-border e-commerce, web development, search engine optimisation, digital marketing, brand, marketplace and related professional services provided by Novycom.
  • “Deliverables” means any work product, materials, reports or assets produced by Novycom in the course of providing the Services.
  • “Engagement” means a specific project, retainer or scope of work agreed between Novycom and the Client, typically set out in a proposal, quotation, statement of work or contract.

2. Scope of Services

Novycom provides B2B information and digital services focused on cross-border e-commerce. The specific scope, deliverables, timelines and fees applicable to each Engagement will be set out in a separate proposal, quotation or statement of work agreed in writing between the parties. In the event of any conflict between these Terms and a signed statement of work, the statement of work shall prevail in respect of that Engagement.

3. Quotations and Engagement

Quotations provided by Novycom are valid for the period stated therein or, if no period is stated, for thirty (30) days from the date of issue. An Engagement is formed when the Client accepts a quotation or statement of work in writing, or when work commences with the Client’s authorisation. All Engagements are subject to these Terms unless expressly varied in writing.

4. Client Responsibilities

To enable us to deliver the Services effectively, you agree to:

  • Provide accurate, complete and timely information, materials, access and approvals reasonably required;
  • Ensure that all content, products and materials you provide do not infringe the rights of any third party and comply with applicable laws;
  • Maintain the confidentiality of any account credentials and promptly notify us of any unauthorised use;
  • Comply with the policies, terms and requirements of any third-party platforms or marketplaces used in connection with the Services; and
  • Make payments in accordance with these Terms and the applicable Engagement.

Delays or failures caused by the Client’s failure to meet these responsibilities may affect timelines and fees, for which Novycom shall not be liable.

5. Fees and Payment

  • Fees for the Services are as set out in the applicable quotation or statement of work and, unless otherwise stated, are quoted in United States Dollars (USD) and exclusive of any applicable taxes, duties or third-party platform charges.
  • Unless otherwise agreed, invoices are payable within fourteen (14) days of the invoice date. Certain Engagements may require an upfront deposit or milestone payments before work commences or continues.
  • We reserve the right to suspend Services and withhold Deliverables where invoices remain unpaid beyond their due date.
  • Late payments may incur interest and reasonable costs of recovery to the extent permitted by law.

6. Third-Party Platforms and Services

Our Services frequently involve third-party platforms, marketplaces, hosting providers, payment gateways and software (collectively, “Third-Party Services”). Your use of Third-Party Services is governed by their respective terms and policies. Novycom does not control and is not responsible for the availability, performance, policies, fees or decisions of any Third-Party Service, including account suspensions, listing removals or algorithm changes.

7. Intellectual Property

Subject to full payment of all applicable fees, ownership of the final Deliverables created specifically for the Client under an Engagement shall transfer to the Client, except for: (a) any pre-existing materials, tools, frameworks, code libraries or know-how owned by Novycom or its licensors (“Novycom IP”), which remain the property of Novycom; and (b) third-party materials, which remain subject to their respective licences. Novycom grants the Client a non-exclusive licence to use Novycom IP solely to the extent incorporated in the Deliverables and necessary for their normal use. Novycom retains the right to reference completed work in its portfolio and marketing unless otherwise agreed in writing.

8. Confidentiality

Each party may receive confidential information of the other party in connection with an Engagement. Each party agrees to keep such confidential information secure, to use it only for the purposes of the Engagement, and not to disclose it to third parties except to its personnel and advisers on a need-to-know basis, or as required by law. This obligation survives termination of the Engagement.

9. Warranties and Disclaimers

Novycom warrants that the Services will be performed with reasonable skill and care consistent with industry standards. Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Website, Services and Deliverables are provided “as is” and “as available”, and Novycom disclaims all other warranties, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Novycom does not warrant any specific commercial result, including sales volumes, search rankings, traffic, conversion rates or marketplace performance, as these depend on numerous factors beyond our control.

10. Limitation of Liability

To the maximum extent permitted by law:

  • Novycom shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with the Services or these Terms;
  • Novycom’s total aggregate liability arising out of or in connection with an Engagement shall not exceed the total fees paid by the Client to Novycom for that Engagement in the three (3) months preceding the event giving rise to the claim; and
  • Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law.

11. Indemnity

The Client shall indemnify and hold harmless Novycom, its directors, employees and agents against all claims, liabilities, damages, losses and expenses arising out of or in connection with: (a) the Client’s breach of these Terms; (b) any content, products or materials provided by the Client; and (c) the Client’s violation of any law or third-party rights.

12. Term and Termination

Either party may terminate an Engagement in accordance with the notice provisions set out in the applicable statement of work, or immediately on written notice if the other party commits a material breach that is not remedied within fourteen (14) days of written notice, or becomes insolvent. On termination, the Client shall pay for all Services performed and costs incurred up to the date of termination. Provisions which by their nature should survive termination shall continue in effect.

13. Force Majeure

Novycom shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, civil unrest, government action, power or internet failures, or disruptions to Third-Party Services.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Malaysia. The parties submit to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia, save that Novycom may seek injunctive relief in any jurisdiction.

15. Changes to These Terms

We may update these Terms from time to time. The updated version will be indicated by an updated “Last updated” date and will take effect when published on this page. Your continued use of the Website or Services after changes are published constitutes acceptance of the revised Terms.

16. Contact Us

For any questions regarding these Terms, please contact:

  • Novycom Digital Sdn Bhd
  • Montana Melawati, Desa Melawati, 53100 Kuala Lumpur, W.P. Kuala Lumpur, Malaysia
  • Email: novycomdigital@gmail.com
  • Phone / WhatsApp: +60 11 7590 0511