1. Introduction
These Terms of Service ("Terms") govern your access to and use of the website two.com.my, and the products, services, software, content and engagements (collectively, the "Services") provided by THEBRG Enterprise(Business Registration No. 003120480-W), a sole proprietorship registered in Malaysia, trading as TWO ("TWO", "we", "us", "our"). By accessing or using the Services you agree to be bound by these Terms.
2. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement in your jurisdiction. If you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.
3. Engagements & Statements of Work
Specific engagements are governed by a signed Statement of Work ("SOW") or Master Services Agreement ("MSA") that sets out scope, deliverables, timeline, fees and acceptance criteria. In the event of conflict, the SOW or MSA prevails over these Terms with respect to the specific engagement.
4. Fees & payment
Fees are stated in the applicable SOW or quotation, exclusive of taxes. Invoices are payable within fourteen (14) days from the invoice date unless otherwise agreed. Overdue amounts accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower. We reserve the right to suspend Services for accounts past due.
5. Intellectual property
Upon receipt of full payment, you receive ownership of the bespoke deliverables created specifically for you under an SOW, excluding (a) pre-existing materials, tools, frameworks, components and know-how owned or licensed by TWO, and (b) any third-party open-source or licensed components, which remain subject to their respective licences. TWO retains a perpetual, worldwide right to use general skills, know-how and residual learning.
6. Confidentiality
Each party will protect the other's confidential information with the same degree of care it applies to its own, and not less than a reasonable standard. Confidential information may be disclosed only as required to perform the Services or by law.
7. Acceptable use
You agree not to use the Services to:
- violate any applicable law or third-party right;
- upload malware, conduct security attacks or attempt unauthorised access;
- infringe intellectual property or privacy rights of others;
- send spam or unlawful content; or
- resell, sublicence or reverse-engineer the Services beyond what is permitted by law.
8. Warranties & disclaimers
We will perform the Services with reasonable skill and care consistent with industry standards. Except as expressly stated, the Services and the website are provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill. Each party's aggregate liability arising out of or in connection with the Services will not exceed the fees actually paid to TWO for the specific Services giving rise to the claim during the twelve (12) months preceding the event.
10. Indemnity
You agree to indemnify and hold TWO harmless from claims arising out of (a) your breach of these Terms, (b) content or materials you provide to us, and (c) your use of the deliverables in violation of law or third-party rights.
11. Termination
Either party may terminate an engagement for material breach not cured within thirty (30) days of written notice. Sections intended to survive termination — including IP, confidentiality, fees accrued, warranties, limitations of liability and indemnity — survive.
12. Governing law & dispute resolution
These Terms are governed by the laws of Malaysia, without regard to its conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia, save that either party may seek injunctive relief in any competent court to protect its IP or confidential information.
13. Changes
We may update these Terms from time to time. Material changes will be notified through the website or directly. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
14. Contact
THEBRG Enterprise (003120480-W) · Kuala Lumpur, Malaysia ·hello@two.com.my