--- title: "Terms of Service - Foundingbird Sdn Bhd" description: "The terms for using Foundingbird's company secretarial and incorporation services, client portal, mobile app and MCP server." canonical: https://foundingbird.com/my/policies/terms-of-service/ source: https://foundingbird.com/my/policies/terms-of-service/ --- # Terms of Service Last updated: 27 October 2026 ## The short version - **Who we are.** Foundingbird Sdn Bhd (201901035214 (1344544-U)), a Malaysian company secretarial firm and part of the Corpseq group. - **What you get.** The services in the package you pick, at the prices on our [price list](/my/full-pricing/). Anything extra, we tell you the price before we start. - **Your company, your duties.** We file and remind. Your directors stay legally responsible for the company under the Companies Act 2016. - **We check who you are.** The law makes us do KYC and anti-money laundering checks. See our [Customer Policies](/my/policies/customer-policies/). - **Billing.** Company secretary packages are billed yearly and renew each year. Prices exclude SST. - **No lock-in.** You can cancel or switch at any time. Switching to us is free for companies incorporated in 2017 or later; older companies get a quote upfront. If you leave, we refund the unused months of your secretarial fee and hand your records to your new secretary. - **Your records go with you.** We hand all your records to your new company secretary, so nothing is lost. Portal access ends when you leave, so if you'd like your own copies, download them before then. - **Signing online.** Documents you sign in our portal or app are signed electronically, and that counts as your signature. - **AI helps, people decide.** AI features can be wrong. Check anything important with us. - **Malaysian law** applies to these terms. ## 1\. Who we are and who these terms apply to Foundingbird Sdn Bhd (registration no. 201901035214 (1344544-U)) provides company secretarial and incorporation services in Malaysia. "We" and "us" mean Foundingbird. "You" means the company we act for and the people who use our services for it: its directors, shareholders, authorised users and anyone applying to incorporate a company with us. These terms cover our services, our client portal at portal.foundingbird.com, our mobile app, our [MCP server](/my/mcp/) and our electronic signing. They work together with our [Customer Policies](/my/policies/customer-policies/) and our [Privacy Policy](/my/policies/privacy-policy/). If these terms and the Customer Policies disagree on KYC, AML or refusing a client, the Customer Policies apply. By creating an account, submitting an application or paying an invoice, you agree to these terms. If you accept them for a company, you confirm you're allowed to do that for it. ## 2\. Our services **Incorporation.** We prepare and file your Sdn Bhd incorporation with SSM. The incorporation price includes the SSM government fees listed on our price list. **Company secretary packages.** We act as your company secretary under the Companies Act 2016. What each package includes (for example annual return filing, board resolutions, a set number of share changes a year) is on our [price list](/my/full-pricing/). That list forms part of these terms. **What's extra.** Work outside your package is charged at the price on the price list, or at a price we quote you. We'll never charge you a fee you haven't agreed to first. **Catching up after you switch.** If work from before you switched to us is missing or incomplete, such as annual returns, lodgements or statutory registers, we may charge to bring your company back into compliance. We'll quote it and get your agreement before we do it. **Other services.** Some services are run by other companies in our group or by partners, such as accounting with Ollie. Their own terms apply to those. **What we don't do.** We don't give legal, tax or financial advice unless we agree to in writing. We're not your auditor, tax agent or lawyer. ## 3\. Your responsibilities Hiring a company secretary doesn't move the directors' legal duties to us. Your directors stay responsible for running the company and for complying with the Companies Act 2016 and other laws. You agree to: - give us complete, accurate information and documents, on time; - tell us about changes (directors, shareholders, addresses, beneficial owners, business activity) within 14 days, as the [Customer Policies](/my/policies/customer-policies/) require; - review and sign documents we send you before their deadlines; - keep your own copies of anything you need for your business. We aren't responsible for penalties, late fees or other losses caused by information that was late, wrong or incomplete, or by documents you didn't sign in time. ## 4\. Identity checks and anti-money laundering As a company secretary we're a reporting institution under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA). Before and during our work we verify the identity of directors, shareholders and beneficial owners, and we screen them. In the app, this can include ID photos and a selfie video (see the [Privacy Policy](/my/policies/privacy-policy/)). We may refuse, pause or stop work if the checks can't be completed or raise concerns, and we may have to report to the authorities without telling you. The details, including refunds when this happens, are in our [Customer Policies](/my/policies/customer-policies/). ## 5\. Fees and payment - **Prices.** Our prices are on our [price list](/my/full-pricing/) or in the quote we give you, including any switching fee or catch-up work from before you switched (see [section 2](#services)). Prices exclude SST, which we add at the rate the law sets. - **Government fees.** Fees to SSM and other authorities are included where the price list says so. Otherwise, we pass them on at cost and tell you first. - **How to pay.** By card through Stripe or by bank transfer against our invoice. Work starts once payment clears, unless we agree otherwise. - **Card payments.** If you pay by card, you allow us to charge that card for renewals and for extra work you've agreed to. - **Late payment.** We don't charge late fees or interest. If an invoice is overdue, we'll remind you in the portal and by email, and until it's paid we may pause work and hold back work we haven't delivered yet, and we won't take on new work for you. We aren't responsible for late penalties caused by filings held up by unpaid invoices. If secretarial fees are 3 months overdue, we may resign as your company secretary (see [section 14](#termination)). ## 6\. Renewal, cancellation and refunds **Term and renewal.** Company secretary packages run for a year and renew automatically for another year at the current price, unless you cancel. We'll email you before each renewal. **Cancelling.** There's no lock-in and no notice period. You can cancel at any time by emailing [hello@foundingbird.com](mailto:hello@foundingbird.com). Your secretarial service ends on the date your new company secretary is appointed in our place. **Refunds.** - **Company secretary packages.** If you leave, we refund what you've already paid for the period after the date your new secretary takes over, in unused months. - **Work already started or done.** Incorporation, one-off filings, accounting work and other work that has started or is in progress isn't refundable. - **Government and third-party fees** already paid aren't refundable. - **KYC or AML failures.** Refunds when checks fail follow the [Customer Policies](/my/policies/customer-policies/). **Switching to us.** Moving your company secretary to Foundingbird is free if your company was incorporated in 2017 or later. For older companies we charge a switching fee, which we'll quote before we start. ## 7\. Leaving us and handing over your records When you leave, we hand over all your records to your new company secretary, so nothing is lost. Portal access ends when you leave, so if you'd like your own copies, download them before then. Your company must tell SSM about the change of secretary within 14 days (section 58), which your new secretary usually lodges. Once we've stopped being your secretary, we can't lodge anything for your company. Under the Companies Act 2016 the office of secretary can't be vacant for more than 30 days, so please appoint a new secretary promptly. We keep some records after you leave because the law requires it, for example seven years for records under the Companies Act 2016 and AMLA. See the [Privacy Policy](/my/policies/privacy-policy/). ## 8\. The portal, the app and your account **Your account.** Keep your login, passkeys and devices secure, and don't share them. Tell us straight away if you think someone else has used your account. You're responsible for what happens under your account until you tell us. **Several companies.** One account can manage more than one company. Each company decides who has access to it, and people with access can see that company's records. **Acceptable use.** Don't use our services to break the law, to submit false information, to get at other people's data, or to interfere with or reverse-engineer our systems. Automated access is fine only through the tools we offer, like our MCP server. **Availability.** We work to keep the portal and app running but can't promise they'll always be available. Filings and deadlines don't depend on the portal alone: we'll reach you another way if we need to. **Deleting your account.** You can ask to delete your account in the portal. We delete what we can and keep what the law requires us to keep. ## 9\. Electronic signatures You can sign resolutions, forms and other documents in our portal or app. Before you sign, we confirm it's you, for example with a code sent to your phone, a passkey or Face ID. Each signed document is sealed so later changes can be detected, and comes with a record of who signed and when. You agree that signing this way is your signature and that you mean to approve the document, in the same way as signing on paper. Under the Electronic Commerce Act 2006, an electronic signature satisfies a legal signature requirement when it identifies you, shows your approval and is reliable for its purpose. Some documents can't be signed electronically, or need a wet signature, a seal or a stamp, such as a power of attorney. If so, we'll tell you and arrange signing on paper. Don't let anyone else sign for you, and keep the phone, email and devices you sign with under your control. ## 10\. AI features and the MCP server We use AI tools, including third-party AI providers, to help deliver our services (see the [Privacy Policy](/my/policies/privacy-policy/)). AI can be wrong. AI answers are information, not legal, tax or professional advice. Check anything that matters with our team before you rely on it. Our team stays responsible for the services we provide, and filings and documents still go through our team before they're submitted. **MCP server.** You can connect an AI assistant, such as ChatGPT, Claude or Grok, to your Foundingbird account through our MCP server, using your portal login. It's free to use, and any service you order through it costs the same as on our price list. You're responsible for what your assistant does with your access, and the assistant's own terms apply to it. You can disconnect it at any time. ## 11\. Liability We'll do our work with reasonable care and skill. Nothing in these terms limits liability that the law doesn't let us limit, such as for fraud. Apart from that: - we're not liable for indirect or consequential loss, such as lost profits, lost business or lost data; - we're not liable for losses caused by your information being late, wrong or incomplete, by decisions of SSM, LHDN or other authorities, by third-party systems being down, or by things outside our control; - we're not liable for refusing or stopping work for compliance reasons, as set out in the [Customer Policies](/my/policies/customer-policies/); - our total liability for any claim is capped at the fees you paid us in the 12 months before the claim. ## 12\. Confidentiality and your data We keep your company's information confidential. We share it only to do our work (for example with SSM, LHDN, banks, and your auditors and tax agents when you ask), with our service providers, or when the law requires it. How we handle personal data is in our [Privacy Policy](/my/policies/privacy-policy/). ## 13\. Intellectual property Your company's documents and records belong to you. Our portal, app, templates, software and content belong to us or our group. You may use the documents we prepare for your company's own purposes, but not copy or resell our templates or software. ## 14\. When we may stop working with you We may refuse, pause or end our services, with notice where the law allows, if: - you seriously breach these terms and don't fix it after we ask you to; - secretarial fees are 3 months overdue (we may resign as your company secretary); - KYC or AML checks fail or raise concerns, or the law or a regulator requires it; - you are abusive to our team or ask us to act illegally or unethically. If we resign as your secretary, we'll give your board written notice. Under section 237 of the Companies Act 2016 our resignation takes effect 30 days after that notice, unless your constitution or our terms of appointment set a different period, and we stay responsible for what we did before then. Your board must then appoint a new secretary, because the Act says the office of secretary must not be left vacant for more than 30 days at any one time (section 240). We'll hand your records over as in [section 7](#handover). If we end the services when you've done nothing wrong, we refund the unused months you've paid for. ## 15\. Changes to these terms We may update these terms. For important changes we'll tell you by email or in the portal at least 30 days before they apply. If you don't agree, you can cancel before the change applies. Price changes apply from your next renewal. ## 16\. Governing law These terms are governed by the laws of Malaysia. Disputes go to the courts of Malaysia, and you and we agree to bring them in Kuala Lumpur. ## 17\. Contact Foundingbird Sdn Bhd (201901035214 (1344544-U)) 7-2 Plaza Danau 2, Jalan 2/109f, Taman Danau Desa, 58100 Kuala Lumpur, Malaysia Email: [hello@foundingbird.com](mailto:hello@foundingbird.com)