These Awansoft Technology Sdn Bhd (“Awansoft”) Program Terms are entered into by, as applicable, the Customer signing these Terms or any document that references these Terms or that accepts these Terms electronically (“Customer”) and Awansoft. These Terms govern Customer’s participation in Awansoft’s program(s) and may be modified at any time. Awansoft and Customer hereby agree and acknowledge:
Customer is solely responsible for all content related to Awansoft listings and landing pages. Awansoft is not responsible for anything related to Customer’s website and shall not be obligated to provide notice to Customer in the event that Customer’s website is not being displayed properly to end users.
Customer shall protect any Customer passwords and takes full responsibility for Customer’s own, and third party, use of any Customer accounts. Customer understands and agrees that listings may be placed on any content or property provided by Awansoft, and any other content or property provided by a third party upon which Awansoft places content or advertisements. Customer authorizes and consents to all such placements. Awansoft may modify any of its Programs at any time without liability. Awansoft also may modify these Terms at any time without liability, and Customer’s use of the Program after notice that these Terms have changed constitutes Customer’s acceptance of the new Terms. Awansoft or Partners may reject or remove any listings or piece of content for any or no reason.
Customer reserves the right to cancel the Agreement at any time without penalty. Notice of cancellation must be made with 30 (thirty) days of advance notice by email, include a reason for cancellation and must be confirmed by Awansoft by email. Cancellation will occur within five business days of receipt of cancellation email. All outstanding fees are due immediately upon cancellation. If any outstanding fees are left unpaid, Customer agrees to pay the collections fees incurred through Awansoft’s attempts to collect on the account.
Customer shall be responsible for all charges up to the amount of each Order, or as set in an online account, and shall pay all charges in Malaysia Ringgit (MYR) / US Dollar (USD) or in such other currency as agreed to in writing by the parties. Unless agreed to by the parties in writing, Customer shall pay all charges in accordance with the payment terms in the applicable Order. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Customer is responsible for paying all taxes, government charges, and reasonable expenses and attorney’s fees Awansoft incurs collecting late amounts. Charges are solely based on Awansoft’s measurements for the applicable Program, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Awansoft. Nothing in these Terms or an Orders may obligate Awansoft to extend credit to any party. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to Awansoft may be shared by Awansoft with companies who work on Awansoft’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Awansoft and servicing Customer’s account. Awansoft may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Awansoft shall not be liable for any use or disclosure of such information by such third parties.
Refunds and Credits
All disputes must be made within 90 days of the invoice date.
Use Of Software
End Users are responsible for the legal usage of Microsoft software under Microsoft’s Licensing Policy (https://www.microsoft.com/en-my/useterms)
Customer agrees not to disclose Awansoft’s Confidential Information without Awansoft’s prior written consent. “Awansoft Confidential Information” includes without limitation: (a) all Awansoft specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates, per-lead rates or other statistics relating to Site performance in the Program provided to Customer by Awansoft; and (c) any other information designated in writing by Awansoft as “Confidential” or an equivalent designation.
Customer agrees that Awansoft may use Customer’s name and logo in presentations, marketing materials, customer lists, and Web site listings of customers. If Customer wishes to use Awansoft’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features (“Brand Features”), Customer may do so, so long as such use is in compliance with this Agreement.
Representations and Warranties
Customer represents and warranties that (a) all of the information provided by Customer to Awansoft to enroll in the Program is correct and current; or that Customer is legally authorized to act on behalf of the owner for the purposes of this Agreement and the Program; and (b) Customer has all necessary right, power and authority to enter into this Agreement and to perform the acts required of Customer hereunder. Customer further represents and warranties that each information and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy or rights or duties under consumer protection, product liability, tort, or contract theories.
Customer agrees to indemnify, defend and hold Awansoft, its agents, affiliates, subsidiaries, directors, officers, employees and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Customer’s use of the Program, the Site(s), and/or Customer’s breach of any term of this Agreement.
The Agreement constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void. Each party shall not disclose the terms or conditions of these Terms to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with a government law, rule or regulation. Customer may grant approvals, permissions, extensions and consents by email, but any modifications by Customer to the Agreement must be made in a writing executed by both parties.