Terms of Service
This is a template and must be reviewed by qualified Malaysian legal counsel before use.
Last updated: January 29th, 2026.
These Terms of Service (“Terms”) govern access to and use of the services, websites, and Talent Portal (collectively, the “Services”) provided by better-accountant (the “Company,” “we,” “us,” or “our”). These Terms apply to customers that engage our services or otherwise use the Services (“Customer,” “you,” or “your”). If you are using the Services on behalf of an organisation, you represent and warrant that you have authority to bind that organisation.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Description of the Services
The Services provide offshore accounting staffing and talent-placement services, including the sourcing, vetting, and placement of dedicated remote accounting professionals (such as accountants, bookkeepers, tax and audit staff, and finance assistants), payroll and HR administration for placed staff, and a Talent Portal that enables Customers to browse and shortlist candidates (“Candidates”).
We may modify, update, or discontinue portions of the Services from time to time. We will use commercially reasonable efforts to notify you of material changes that adversely affect the Services.
2. Account Registration and Administration
2.1 Account Creation
You must create an account to access the Talent Portal and certain Services. You agree to provide accurate, current, and complete information and to keep your account information up to date.
2.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorised access or security incident related to your account.
2.3 Administrators
You may designate administrators who can manage your account, configuration, and access to the Talent Portal. You are responsible for the actions of your administrators.
3. Use of the Services
3.1 Permitted Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes, including engaging placed staff and reviewing Candidates through the Talent Portal.
3.2 Restrictions
You may not:
Reverse engineer, copy, or replicate the Talent Portal or our candidate
database;
Circumvent usage limits, security features, or access controls;
Use the Services to violate applicable laws or regulations;
Solicit, recruit, or engage Candidates introduced through the Services
otherwise than via the Company, or otherwise circumvent our placement
arrangements;
Use the Services to engage in fraudulent, deceptive, or abusive behaviour;
Resell, sublicense, or provide the Services to third parties except as
expressly permitted.
3.3 Placed Staff and Candidates
You are responsible for your own compliance with these Terms in respect of placed staff and Candidates, and for obtaining all necessary consents, notices, and permissions required to receive and process Candidate personal data made available to you through the Services.
4. Customer Data and Privacy
4.1 Customer Data
“Customer Data” means data, content, and information submitted to the Services by you, including your business and financial information shared for bookkeeping and accounting work, contact and account details, and service-usage metadata.
You retain all rights to Customer Data. We process Customer Data solely to provide and improve the Services, in accordance with these Terms and our Privacy Policy.
4.2 Data Protection
We will implement reasonable administrative, technical, and physical safeguards designed to protect Customer Data. Details regarding our data practices are described in our Privacy Policy.
4.3 Data Processing Addendum
If required by applicable law (including Malaysia’s Personal Data Protection Act 2010 (“PDPA”) and, where relevant for international customers, the GDPR), the parties will enter into a Data Processing Addendum (“DPA”), which will govern the processing of personal data.
5. Security and Compliance
We maintain an information security program designed to protect the confidentiality, integrity, and availability of the Services and Customer Data. This may include industry-standard controls such as encryption, access controls, and monitoring.
You acknowledge that no system is completely secure and that we do not guarantee absolute security.
6. Service Levels and Support
Any service level commitments or support obligations will be set forth in a separate Service Level Agreement (“SLA”) or order form, if applicable. Absent an SLA, the Services are provided on a commercially reasonable efforts basis.
7. Fees and Payment
7.1 Fees
You agree to pay all fees specified in an applicable order form or pricing page. Fees are non-refundable except as expressly stated.
7.2 Usage-Based Fees
If fees are based on usage (e.g., number of placed staff or seats engaged), you are responsible for monitoring usage and associated costs.
7.3 Taxes
Fees are exclusive of taxes. You are responsible for all applicable taxes, except for taxes based on our net income.
8. Intellectual Property
8.1 Company IP
We retain all right, title, and interest in and to the Services, including all intellectual property rights. No rights are granted except as expressly stated.
8.2 Feedback
You may provide feedback or suggestions regarding the Services. We may use such feedback without restriction or obligation to you.
9. Confidentiality
Each party may receive confidential information of the other. Confidential information must be protected using reasonable care and used only to fulfill obligations under these Terms.
Confidential information does not include information that is publicly available, independently developed, or rightfully obtained without breach of confidentiality.
10. Third-Party Services
The Services may integrate with third-party products or services. We are not responsible for third-party services and disclaim all liability related to them. Your use of third-party services is governed by their terms.
11. Suspension and Termination
11.1 Suspension
We may suspend access to the Services if you violate these Terms, pose a security risk, or fail to pay applicable fees.
11.2 Termination
Either party may terminate these Terms upon written notice if the other party materially breaches and fails to cure within 30 days.
11.3 Effect of Termination
Upon termination, your right to use the Services ceases. Upon request, we will make Customer Data available for export for a limited period, subject to applicable law.
12. Warranties and Disclaimers
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
14. Indemnification
You agree to indemnify and hold harmless the Company from claims arising out of your use of the Services, your Customer Data, or your violation of applicable law.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of Malaysia, excluding conflict of law principles. Any disputes will be resolved in the courts of Kuala Lumpur, Malaysia, and the parties consent to the exclusive jurisdiction of those courts.
16. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated through the Services or by other reasonable means. Continued use of the Services constitutes acceptance of the updated Terms.
17. General
These Terms constitute the entire agreement between the parties regarding the Services and supersede all prior agreements. If any provision is held unenforceable, the remaining provisions will remain in effect.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
18. Contact Information
better-accountant (the “Company”)
Company registration no.: [PLACEHOLDER — company registration no.]
Address: [PLACEHOLDER — registered address, Kuala Lumpur, Malaysia]