Terms and Conditions Last Updated 1st October 2024
- The Terms of Agreement is effective upon the date signed and shall remain in force for the duration of the ad hoc services rendered and mutually agreed between StarBPO Malaysia Sdn Bhd (“Service Provider”) and the Client (“Client”) (hereinafter referred to as the “Parties”).
- Payment Terms shall be 100% upon Confirmation of this quotation or at a rate mutually agreed upon.
- Until payment of the quotation price is paid in full, any advice, solutions and /or work provided by the Service Provider whether pursuant to this quotation or otherwise shall remain the property of the Service Provider (regardless of any right or claim of the Customer).
- Any cancellation of an order must be agreed with the Service Provider in writing and will be subject to a minimum cancellation charge of 30% of the price stated on the Quotation.
- Details of any advice, solutions and/or work done for this project shall be strictly private and confidential and shall be used exclusively by the client only and shall not be shared with any other parties without prior written consent from the Service Provider.
- Start and end date of the works quoted shall be mutually agreed between the parties.
- The client undertakes to deliver to the Service Provider all documents, data and information requested for the purposes of completion of this project within 2 weeks from the date of request by the Service Provider; and the start date of the work shall commence upon receipt of all the documents, data and information requested from the client.
- The client acknowledges that the Service Provider’s ability to complete the project is dependent upon the full and timely co-operation of the client and the Client undertakes to notify the Service Provider promptly in writing of any delays in delivering the requested documents, data and information. Where the Client has notified the Service Provider of any delay, the Client will provide the Service Provider with a revised timetable for supplying such document, data or information which must be agreed by the Service Provider.
- The Service Provider shall not be responsible for any delays, missed milestones and /or additional expenses incurred due to the late delivery or non-delivery of the requested documents, data and information.
- Each Party undertakes that it shall not at any time during this Agreement, and for a period of 2 years after completion of the Project, disclose to any person any confidential information concerning the business, affairs, trade secrets, technical, commercial, financial, operational, marketing or promotional information or data of either Party or the terms of this Agreement, except as may be required by law, court order or any governmental or regulatory authority. Neither Party shall use the other Party’s confidential information for any purpose other than to fulfil its obligations under this Agreement.
- Any advice, solutions and/or work requested which are not listed in this quotation shall be charged separately.
- Any amendments to the terms and conditions stated herein shall be mutually agreed, in writing.
- The Client shall be responsible for any applicable tax that is required under the applicable law.
- Upon signing of this quotation, all payments or purchases made shall be non-refundable, non-transferable, and non-cancellable.
- The Service Provider shall not be held responsible whatsoever for:
- Any unlawful usage of the advice, solutions and/or work provided to the Client;
- Any financial or material losses incurred by the Client in using / not using the advice, solutions and /or work provided by the Service Provider, should common industry practices has been followed;
- Any decision made by the Client in using the advice, solutions and /or work provided by the Service Provider.
- Nothing in this Agreement shall exclude or restrict the liability of either party to the other party for losses arising from fraudulent misrepresentation or for any other liability which cannot be excluded by applicable law. The Client shall indemnify and keep the Service Provider fully indemnified against any and all third-party claims of infringement of intellectual property rights affecting the Client’s documents, data etc. Notwithstanding and for all intents and purposes, the total aggregate liability of the Service Provider’s shall in no event exceed the value of the quotation.
- The Client undertakes not to directly or indirectly and /or through third parties attempt to induce or seek to induce or solicit any staff of the Service Provider (temporary, part-time or full-time) for the purposes of employment directly or indirectly with the Client’s business or any associated businesses. The Client agrees that should such solicitation be made or should an employee to the Service Provider take up employment with the Client or any of its associated businesses that the client will compensate in the amount of one full year’s salary and bonuses or fees offered to that employee or RM80,000, whichever is greater.
- Neither Party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, war, civil disorder, restricted movement orders or industrial dispute. If such delay or failure continues for a period of at least 90 days, the Party not subject to the force majeure shall be entitled to terminate the Agreement by notice in writing to the other.
- Nothing in the Agreement shall be construed as creating a partnership, joint venture or an agency relationship between the Parties and neither Party shall have the authority or power to bind the other Party or to contract in the name of or create a liability against the other Party.
- This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual claims or disputes) shall be interpreted construed and enforced in accordance with Commonwealth law and shall be subject to the exclusive jurisdiction of the Malaysian Courts.