The services (“Services”) offered by H.I.S. Management Services Sdn Bhd (“HIS OCS”) will be subject to the following terms.
ACCEPTANCE OF AGREEMENT
You agree and bound to the terms and conditions (“Terms”) outlined by using any Services provided. This Terms constitute the entire agreement between you and HIS OCS, and supersedes all prior agreements, representations, warranties and understandings with respect to the Services provided by HIS OCS. The Terms may be amended from time to time by HIS OCS without notice to you. The latest Terms will be posted, and you should review the Terms prior to using the Services.
You acknowledge and agreed that you may also be subject to additional terms and conditions that may apply when you use affiliate and/or third-party services.
HIS OCS shall collect and utilize personal data (“Personal Data”) within the scope in order to provide the agreed Services to you, provide access to HIS OCS’s customer online platform, updates regarding our Services, comply with any applicable regulations and laws. It is expressly acknowledged and agreed by you that it may affect the HIS OCS’ performance in the event that HIS OCS unable to obtain your Personal Data.
Collection of your personal data may include, but not limited to name, email address, addresses, contact number, personal identification details, corporate/business information.
HIS OCS will not disclose the Personal Data to any third-party without any consent from you. HIS OCS may disclose your Personal Data wholly or partially to the extent necessary:
- To our affiliated companies, third-party, government agencies, and/or regulatory bodies, in order to fulfill the performance.
- To comply with any applicable law and regulations.
FEES AND CHARGES
You shall pay HIS OCS the service fees agreed, except for adhoc assignments. All the payments shall be paid by bank transfer or cheque within thirty (30) days from the invoice date except specified otherwise. All the reimbursements and disbursements incurred in relation to the Service, which include but not limited to photocopying, telephone, courier, stationery, travelling, shall be borne by you. All the fees, charges, reimbursements and disbursements are subject to 6% Sales and Service Tax or other applicable taxes, and shall be borne by you.
Either Party may terminate this agreement by giving two (2) months prior notice to the other Party, without prejudice to any provision herein. In the event that you have breached the Terms, HIS OCS has the right to terminate the agreement and shall not be liable for any loss or damage incurred by you. Upon termination, you shall pay all the monies dues and payable at the termination date.
HIS OCS shall not be liable for any failure or delay in performing the obligations under this Terms resulting from force majeure. Force majeure events are those circumstances which are beyond the reasonable control of HIS OCS, and including, but not limited to fire, flood, earthquake, acts of God, war, riots, rebellion, industrial action, national emergencies, public disorder, changes in law/regulations.
The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect the legality, validity or enforceability of any other provision of this Agreement.
HIS OCS may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms without prior written consent from HIS OCS.
LIMITATION OF LIABILITY AND INDEMNITY
HIS OCS, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to the performance in accordance with the instruction HIS OCS receives. You are hereby agreed to indemnify HIS OCS to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
GOVERNING LAW & JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law provisions. You and HIS OCS agree to submit the exclusive jurisdiction of the Malaysia courts.
Any communication may be made via email, prepaid mail, facsimile or any other platform which you have given the consent.
If you have any questions about this Terms or the Services, you can contact us:
By email: firstname.lastname@example.org