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Terms & Conditions

This agreement ("Agreement") is entered into between Senseplus Design Sdn Bhd (referred to as "XVENGERS"), the holding company of Xvengers, and the individual or entity (referred to as "THE CLIENT") who engages our services. By engaging our services, THE CLIENT agrees to be bound by the terms and conditions outlined in this Agreement. If THE CLIENT does not agree to all the terms and conditions, they should not proceed with engaging our services.

Last Update : 25/07/2024

1. Definitions

XVENGERS
"XVENGERS" refers to Senseplus Design Sdn Bhd, the company providing the services outlined in these Terms and Conditions. XVENGERS operates a platform that connects businesses with Key Opinion Consumers (KOCs) for content creation and promotional activities. Additionally, XVENGERS offers strategic guidance to help achieve THE CLIENT’s goals and maximize the effectiveness of their promotional efforts.
KOCs (Key Opinion Consumers)
"KOCs" refers to Key Opinion Consumers, who are regular individuals such as university students, working adults, housewives, or anyone interested in experiencing and providing feedback on food and new products. KOCs are not influencers or Key Opinion Leaders (KOLs). They offer authentic feedback and opinions about products or services from a consumer perspective.
XHS (Xiaohongshu)
"XHS" refers to Xiaohongshu, a famous platform from China known for content sharing, reviews, and recommendations, primarily focused on lifestyle and consumer products.


2. Packages
The package prices are available exclusively to genuine businesses that complete the form on our website. While the following packages offer the option for a one-time purchase or to sign an annual contract, other packages are also available upon request. For further details, please contact the administrator.

KOCs (Amateur & Professional)
• Single KOC per session (Price upon request)
• 10 KOCs per session (Price upon request)
• 20 KOCs per session (Price upon request)
• 30 KOCs per session (Price upon request)



3. Process

Step 1 : Choose a Package and Services
Select the most suitable package based on your business needs from our available services: store exploration, product unboxing, or material content. Proceed to make the payment for the selected package and services.

Step 2 : Create a WhatsApp Group
The administrator will create a WhatsApp group to facilitate communication between THE CLIENT and the administrator. This group will serve as the primary channel for updates and coordination.

Step 3 : Goal Briefing
THE CLIENT must complete a Google Form to provide information about your business and an overview of the promotional goals. We will use this information to align our strategies to better achieve these goals. Once the Google Form is submitted, THE CLIENT cannot change the goals suddenly. Any significant changes to the goals must be discussed and approved by XVENGERS before proceeding.

Step 4 : KOCs Arrangement
The administrator will publish your job request in our KOCs group, assist in selecting suitable KOCs, and arrange their working schedules.

Step 5 : Content Review
After completing the work and creating the content, the KOCs will submit it to the administrator. The administrator will then share the content in Google Drive with the group for review by THE CLIENT before it is published online.

Step 6 : View Monitoring
The administrator will monitor the view count of the content uploaded by the KOCs until the work is completed. The view count will be assessed for 7 days after the KOCs upload the content.

4. Services Type

4.1 Store Exploration
Our KOCs will visit THE CLIENT's store to experience and taste the food or check out the products, and then craft heartfelt content uploaded to social media platforms to enhance THE CLIENT's brand resonance.

4.1.1 Food Credit and Preparation
• THE CLIENT must provide food credit to our KOCs for tasting the food. The cost of the food credit can be discussed with our administrator in the group to agree on a fair amount. Providing more food credit may facilitate better content creation and increase viewership.
• The administrator will coordinate with THE CLIENT regarding the KOCs' schedules, including the date and time of their visit. All relevant information will be updated in the group. 
• Some KOCs may bring family or friends along, so THE CLIENT should be prepared for a larger table setup. The administrator will confirm the number of people attending with THE CLIENT in advance.


4.2 Product Unboxing
Our KOCs will unbox THE CLIENT's products to create engaging content that attracts potential customers, followed by heartfelt social media posts to boost brand awareness.

4.2.1 Product Delivery and Compliance
• THE CLIENT must deliver the products to the KOCs for the unboxing. All associated delivery costs will be borne by THE CLIENT, not by the KOCs or XVENGERS.
• All products delivered to the KOCs must be genuine and exactly the same as those available for purchase by customers. XVENGERS and the KOCs will not be liable for any misleading information that could lead to legal issues. THE CLIENT will bear all responsibility and costs associated with any legal problems arising from discrepancies between the products delivered and those represented in the content.


4.3 Material Content
THE CLIENT will provide our KOCs with raw videos and images, who will then create engaging content for posting on various social media platforms.

4.3.1 Raw Content and Additional Content
• THE CLIENT must provide raw videos and images that have not yet appeared on the XHS platform to avoid limiting viewership based on platform rules and regulations.
• THE CLIENT may request our team to shoot the raw videos and images. The pricing for this service, which may include accommodation, transportation, food, and other related fees, should be discussed with the administrator.


5. Services Procedure

5.1 Scope

XVENGERS will facilitate the hiring of Key Opinion Consumers (KOCs) to create and post content on Xiaohongshu (XHS) in alignment with THE CLIENT's requirements. This includes coordinating with KOCs to ensure the content meets agreed-upon standards and timelines.
5.2 Project Briefing
XVENGERS will provide a detailed project briefing to KOCs, outlining THE CLIENT’s goals and expectations. THE CLIENT must review and approve the briefing to ensure that KOCs have accurate instructions for content creation.
5.3 Timeline and Management
XVENGERS will arrange and manage the KOCs' working timeline. Updates regarding the schedule and progress will be communicated in the group. THE CLIENT should adhere to the provided timeline, and any delays or changes must be communicated promptly.
5.4 Deliverable
The deliverables will consist of video or image content posted on XHS. Specific details, such as the type of content, objectives, and timelines, will be outlined in the project proposal. XVENGERS will ensure that the content complies with XHS platform rules and regulations.
5.5 Content Review
Content created by KOCs will be submitted to XVENGERS for review before posting. THE CLIENT must provide feedback and approval for the content to proceed to publication on XHS.
5.6 Revisions
THE CLIENT is entitled to request up to two revisions to the wording of the content. These revisions will address textual elements only; changes to the overall style or preferences are not permitted. THE CLIENT cannot request a redo or reject the content at any stage, whether finalized or not. For details on content revisions and rejections, refer to Section 9. Revisions must be requested within the designated review period.

6. Responsibilities


6.1 XVENGERS' Responsibilities
Coordination with KOCs: XVENGERS will manage and coordinate with Key Opinion Consumers (KOCs) to ensure that content is created and delivered in a timely manner. This includes arranging schedules, providing project briefings, and overseeing the content creation process.
Content Compliance: XVENGERS will ensure that all content created by KOCs complies with the guidelines and rules set by Xiaohongshu (XHS) and aligns with the project’s objectives. XVENGERS will review all content before it is posted to ensure it meets quality and compliance standards.
Project Management: XVENGERS will handle the logistical aspects of the project, including managing timelines, updating THE CLIENT on progress, and addressing any issues that arise during the content creation process.
6.2 THE CLIENT's Responsibilities
Provision of Information: THE CLIENT must provide all necessary information, including the featured menu and products, campaign objectives, and any specific requirements for content creation. This information should be provided in a timely manner to ensure that KOCs can create content that aligns with THE CLIENT's expectations.
Material Supply: THE CLIENT must deliver any products required for content creation to the KOCs. This includes product samples for unboxing and food credit for KOCs who need to taste food. All delivery costs and arrangements are the responsibility of THE CLIENT. Food credit must be provided before the content creation process begins, and products must be available as needed for unboxing.
Feedback and Approval: THE CLIENT must review and provide feedback on content drafts within the designated review period. Timely approval or revision requests are necessary to ensure that content can be finalized and posted according to the project timeline. THE CLIENT cannot request a redo or reject the content at any stage, whether finalized or not. For details, refer to Section 9.
Communication: THE CLIENT should maintain open and prompt communication with XVENGERS regarding any changes, concerns, or additional requests related to the project. Effective communication is essential for the successful execution of the project.

7. Payment


7.1 Project Payment
THE CLIENT agrees to pay XVENGERS the full fees as detailed in our invoice before starting the project. Payment is due upon receipt. We may suspend services if payment is not received.

7.2 Annual Payment
THE CLIENT must enter a one-year contract and complete payment monthly. Delays in payment can lead to project delays, service interruptions, and additional late fees. Persistent non-payment may result in termination of the contract and legal action to recover owed amounts.

7.3 Final Pricing
All prices listed on the website or digital profile are subject to change based on the physical location of THE CLIENT's storefront or industry-specific challenges. For the most accurate pricing, please contact the administrator.

7.4 Contract Obligations
If THE CLIENT's business closes, the contract will terminate, and no further payments are required. However, if the contract is intentionally canceled by the client, payments must continue monthly as per the agreement. Failure to make payments may result in service suspension and potential legal action to recover the owed amounts, including additional costs incurred.

8. Timeline
The standard completion time for each project is within 2 months. This timeline includes hiring and selecting KOCs, scheduling their slots, arranging the store visit time, and conducting group discussions and project briefings. However, unforeseen circumstances, such as the specific location of THE CLIENT's physical store or industry challenges that make it difficult to find suitable KOCs, may cause delays. We will extend the timeline until an appropriate KOC is found, and all necessary arrangements are made, including group discussions and project briefings, without any guaranteed completion date.

9. Content Style and Revisions

9.1 Content Style
The CLIENT agrees that they cannot alter or influence the style or creative approach of the KOCs’ content. The CLIENT may only request revisions to factual information or specific details within the content.
9.2 Content Format
KOCs have the freedom to choose whether to use images or videos in their content based on their own preferences. THE CLIENT cannot dictate or force the KOCs to use a specific format, such as requiring only videos or only images.
9.3 Platform Rules

Some content may be restricted by platform rules and regulations, and therefore, may not accommodate all client requests. XVENGERS will ensure compliance with these rules while creating content.
9.4 Project Finality

XVENGERS does not offer the option to redo or reject completed projects at any stage, including before or after finalization, based on style preferences.

10. XHS Platform Rules & Regulations

Our KOCs must adhere to the rules and regulations of the XHS platform to avoid view limitations or account restrictions. Certain words and direct links cannot be included in the content. Some industries, such as medicine, health, beauty, finance, insurance, feudalism, and superstition, have limitations on promotion. Content must not exaggerate or make overpromises.

11. Industry Challenge

11.1 Industry Limitations
Certain industries present unique challenges on Xiaohongshu (XHS), such as medicine, health, beauty, finance, insurance, feudalism, and superstition. Due to the nature of these industries, XVENGERS cannot guarantee specific view performance for content created within these categories.
11.2 Difficulty in Finding KOCs
Some industries are exceptionally unique, making it difficult to find suitable KOCs who are willing to engage with or have experience in these areas. XVENGERS may face challenges in sourcing appropriate KOCs for such industries, which could impact project timelines and availability.
11.3 Price Adjustments
Given the complexities associated with these industries, XVENGERS reserves the right to adjust pricing accordingly. Any additional costs related to industry-specific challenges will be communicated to THE CLIENT before finalizing the agreement.
11.4 Performance Expectations
THE CLIENT acknowledges that content in these challenging industries may face limitations in viewership and engagement. XVENGERS will work to optimize content performance but cannot ensure specific results.


12. Content Distribution
Content created through XVENGERS will be posted exclusively on Xiaohongshu (XHS). If KOCs have additional social media platforms, such as Facebook, Instagram, or TikTok, they may assist with reposting, but it is not compulsory and depends on the KOCs themselves

13. Package Use Limitation
Each package is intended for use with only one brand. THE CLIENT cannot use the same package for multiple brands. This restriction applies to all package types offered by XVENGERS.


14. Confidentiality


14.1 Confidential Information
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of this Agreement. This includes, but is not limited to, business strategies, content details, and client data.
14.2 Non-Disclosure
Neither party will disclose confidential information to any third party without prior written consent from the other party, except as required by law. This obligation of confidentiality will survive the termination of this Agreement.
14.3 Use of Information
Confidential information will be used solely for the purpose of performing obligations under this Agreement and will not be used for any other purpose without prior written consent from the disclosing party.

15. Intellectual Property


15.1 Ownership
All content created by KOCs, including images, videos, and other materials, remains the property of XVENGERS. THE CLIENT must obtain prior written permission from XVENGERS to use any content. Additional payment will be required for such use. THE CLIENT cannot use, reproduce, or distribute the content without XVENGERS' explicit consent and payment.
15.2 Licenses
Upon full payment of the agreed fees, XVENGERS grants THE CLIENT a limited, non-exclusive, royalty-free license to use the content solely for the purposes outlined in this Agreement. This license does not extend to any commercial use or redistribution of the content beyond the scope of this Agreement. For any extended use or commercial purposes, THE CLIENT must obtain additional permission from XVENGERS and may be subject to further fees.
15.3 Indemnification
THE CLIENT agrees to indemnify and hold XVENGERS harmless from any claims, damages, or liabilities arising from the use of content that infringes on third-party intellectual property rights. This includes any legal claims related to unauthorized use or distribution of the content.

16. Disclaimer of Warranties
XVENGERS Services are provided "as is" without any warranty, express or implied. We do not guarantee that our Services will be error-free, uninterrupted, or available at all times. We are not responsible for any loss or damage resulting from your use of our Services.

17. Disclaimer of Profit and Results
XVENGERS makes no guarantee of earnings, profits, or other results for any of our products or services. Any examples or testimonials provided on our website or in our marketing materials are not intended to represent or guarantee that anyone will achieve the same or similar results. Actual earning potential and results are dependent on various factors, including individual effort, market conditions, and other external factors beyond our control. We do not guarantee any specific level of earnings or success for your business or brand. Any statements or representations made by XVENGERS are not to be interpreted as a promise or guarantee of earnings or results. By using our services, you agree that you understand and accept these limitations and that XVENGERS is not liable for any losses or damages that may occur as a result of using our services.

18. Limitation of Liability
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to our Services or this Agreement, even if we have been advised of the possibility of such damages. Our liability for any claim arising from or related to our Services or this Agreement shall not exceed the amount paid by you for our Services.

19. Delays
Illness, injury, or other events beyond XVENGERS's control, such as fire, theft, computer failure, and Acts of God, may result in a delay of unpredictable length.

20. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

21. Dispute Resolution
Any dispute arising from or related to this Agreement or our Services shall be resolved through binding arbitration in accordance with Malaysian law. The arbitration shall take place in Malaysia, and the award of the arbitrator shall be final and binding.

22. Changes to this Agreement
We may update this Agreement from time to time by posting a new version on our website. Your continued use of our website or Services after the updated Agreement is posted constitutes your acceptance of the updated Agreement.

23. Non-Refund Policy

At XVENGERS, we strive to provide high-quality services to our clients. Due to the nature of our work and the time and effort involved in the creative process, we do not offer refunds once work has commenced. This policy applies to all of our services. By using our services, you agree to and accept this non-refund policy.

24. Contact Us
If you have any questions or concerns about this Agreement or our Services, please contact us at +6017-6168687 or Email us at info@xvengers.my.

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