Terms & Conditions
The following terms and conditions shall apply on all services provided by AM Consulting Solutions Sdn. Bhd.
1. FEES AND PAYMENT TERMS
1.1. The Services requested by the Customer ("the Services") and the amount payable for the Services ("the Service Fee") are as shown in the invoice issued by the Company.
1.2. The Service Fee shall be paid by the Customer to the Company within such time as prescribed in the invoice prior to commencement of the Services unless otherwise agreed, or the Customer shall be deemed to have cancelled the Services where the Company shall be released from any obligation to perform the Services.
1.3. The Company shall commence the Services upon receipt of the Service Fee in full, unless otherwise agreed by the parties in writing. In any event, the Company will not commence Services until and unless the Customer agrees and accepts all terms and conditions herein.
1.4. The Company may, at its discretion, commence work prior to receiving full payment of the Service Fee. In the event that the Service Fee or any part thereof remains unpaid after the due date or by
such other date as stipulated by the Company, then notwithstanding other remedies or rights, the Company shall be entitled to impose late payment charges on the overdue payment at the interest of 4% per month to be calculated from the next day of the due date until the date of full and final settlement. For the avoidance of doubt, the payment date of any amount shall be the day when such amount be paid into the Company’s account and/or such day when the Company is entitled to use the amount without any encumbrances whatsoever, whichever that is earlier.
1.5. In the event that any Services is terminated by the Customer after the commencement of the Services for any reason whatsoever prior to completion, the Service Fee paid to the Company shall not be refunded to the Customer. Any amount paid to the Company shall be non-refundable unless otherwise agreed by the parties in writing.
1.6. The Company may immediately suspend and/or terminate the Services by way of notice in writing to the Customer in the event the Customer failed to make payment promptly to the Company.
2. MODE OF PAYMENT
2.1. The Service Fee shall be paid in full as per the amount described in the invoice. The Customer shall be responsible to pay all taxes and/or other applicable governmental fees as notified by the
Company in Invoice.
2.2. The Customer shall have the option to make payment by way of cheque or online payment to the Company’s account as stipulated in the invoice. Any loss and/or damages that arise due to the error in transmitting the money shall be borne solely by the Customer.
2.3. All amount invoiced shall be paid in Ringgit Malaysia (RM) currency only unless otherwise specifically agreed to by the Company. For the avoidance of doubt, any exchange rate loss and/or risk in relation to payments made other than in Ringgit Malaysia (RM) shall at all times be borne solely by the Customer.
2.4. The Service Fee and all other payments payable by the Customer to the Company including taxes, applicable governmental levies shall be made without any deduction, set-off or counterclaim.
3. DESCRIPTION OF SERVICES
3.1. The Company's scope of services shall be limited to the Services expressly stated in the invoice only, except otherwise agreed by the Company in writing.
3.2. The Company hereby disclaims all guarantees and/or warranty as to the results and/or outcomes of the Services. By agreeing to the Services, the Customer agrees that the Customer is fully responsible for the progress and results of the Services.
3.3. For the avoidance of doubt, any testimony and/or successful results shared to the Customer shall not be construed as warranty and/or guarantee provided by the Company in relation to the Services, the prospected profitability and/or return of the Customer’s business.
3.4. The Customer shall be entitled to subscribe to the Services for lawful purposes only. The Company shall be entitled to terminate the Services immediately without any compensation to the Customer should the Company has reasonable grounds to believe that the Customer engages in any illegal activities.
3.5. The Customer shall undertake the following to enable the Company to perform the Services:-
a) To co-operate with the Company to provide all necessary information, permission and/or consents;
AND
b) To comply with any requirements which may be applicable for the Company to perform the Services.
3.6. The Customer shall be liable for all costs and expenses incurred in the event of any noncompliance with the clause above.
4. LIABILITY OF THE COMPANY
4.1. The Customer shall notify the Company in writing of any error and/or discrepancies arising out of or in connection with the Services provided/performed by the Company within fourteen (14) days
from the performance of the Services.
4.2. The failure of the Customer to notify the Company of any dispute, controversy or claim within the time period prescribed shall constitute acceptance and/or waiver by the Customer of all claims in
respect of such Services.
4.3. The Customer hereby agrees that the Company’s liability in the event of any breach of the Company of the terms and conditions herein, if any, shall not exceed the actual amount paid by the Customer to the Company for the Services involved in such claim. The Customer expressly agrees that the maximum amount that can be claimed against the Company pursuant to the terms and conditions herein shall be the total Service Fee paid by the Customer in relation to the dispute. The
foregoing shall constitute the sole remedy of the Customer and the sole liability of the Company in respect of the provision of the Services.
4.4. The Company hereby disclaim any warranty and/or condition whether express or implied by conducts and/or by law in relation to the Services to the fullest extend permissible by law.
4.5. The Customer shall indemnify the Company against all claims that arise due to the Customer, including any claim of infringement of third party’s intellectual property’s right.
4.6. The Customer shall refer any dispute, controversy or claim arising out of or relating to this terms and conditions or the breach, termination, or invalidity thereof to the Company for amicable resolution first prior to the commencement of any formal claim by way of legal proceedings. The parties agree to use their reasonable endeavors to promptly resolve any dispute within thirty (30) days from the day that the dispute is lodged with the Company.
5. MISCELLANEOUS
5.1. The Company is entitled to terminate the Services immediately by way of notice in writing to the Customer in the following event: -
a) The Customer commits a material breach of the terms andconditions herein, which the Customer has failed and/or refused to remedy the same OR which is incapable of remedy.
b) The Customer ceases to carry on business.
c) The Customer is wound up and/or declared insolvent; or
d) Any change of circumstances which render it impossible for the Company to provide the Services.
5.2. Without prejudice to any other remedies entitled by the Company, any outstanding amount for the Services shall become immediately due and payable upon the termination of the Services, including without limitation pursuant to clause 5.1 above, unless otherwise agreed by the Company.
5.3. Any intellectual property rights arising from the performance of the terms and conditions and/or the Services shall be the Company’s absolute property whereby the Customer shall be a licensed user, subject always to the full and final payment of all Service Fee due.
5.4. The Company’s waiver of any provision herein or any breach thereof, shall not constitute a waiver of any subsequent breach thereof, nor of any other provision herein.
5.5. Nothing in these terms and conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Company may be entitled in relation to the Services, by virtue of any statute law or regulation.
5.6. The Company shall provide the Services to the Distributor under the terms of this Agreement as an independent contractor and that the relationship between the Parties shall not constitute a partnership, joint venture or agency.
5.7. The assignment of any rights and/or obligations to third party by the Customer shall require the written consent of the Company at the sole discretion of the Company.
5.8. None of these terms and conditions may be added to, modified, superseded or otherwise altered unless agreed in writing by the Company.
5.9. The terms and conditions herein shall be governed by and construed in accordance with the laws in force in Malaysia. The courts of Malaysia shall have exclusive jurisdiction to hear and determine all claim, dispute or matter arising hereunder or in connection with the terms and conditions contained herein.
5.10. These terms and conditions herein shall be confidential and shall not be disclosed except for lawful purposes and with the prior written consent of the Company.
5.11. The Customer shall submit a copy of a valid certificate of business registration, certificate of incorporation (Section 17 of Companies Act 2016, previously known as Form 9) and/or any valid proof of incorporation issued by the relevant authority upon execution herein, failing which the Company shall be entitled to reject the Customer’s request for Services.
5.12. The Customer hereby expressly consents for the Company to use the personal data of the customers for the Services in accordance with the privacy policy and Personal Data Protection Act 2010.
6. REQUEST FOR SERVICES
6.1. The Customer agrees that this document shall constitute the Customer’s request for Services as per all the terms and conditions above which is subject to the Company’s acceptance and/or approval at the sole discretion of the Company.
6.2. The Customer understands and agrees to accept and to be bound by all the above terms and conditions where a valid contract shall be formed between the Company and the Customer for the
provision of the Services, subject to the terms and conditions above and/or such further and/or amended terms as agreed in writing upon the Company’s acceptance of the Customer’s request for Services herein.
The explanations and information provided herein are only general explanations, information and samples. You should not rely on this article as legal advice or as recommendations regarding what you should actually do. We recommend that you seek legal advice to help you understand and to assist you in the creation of your privacy policy.