Terms & Condition
Terms & Conditions of Service
This is a Terms and Conditions of Service whereby DTS SEMANGAT SDN. BHD. (“DTS”) engages ANZ THRIVE PLT (”ANZ THRIVE”) to provide services as described herein under “Scope and Manner of Services”.
2. Terms and Condition Duration
2.1 DTS shall subscribe to services rendered hereby created in this terms and conditions and automatically renewed monthly upon invoicing.
2.2 DTS may, by giving ANZ THRIVE thirty (30) days written notice prior to the termination:
2.2.1 continue monthly PROVIDED ALWAYS THAT ANZ THRIVE reserves the absolute right to vary, add and/or amend any Terms and Conditions of Service (including terms and conditions relating to payment and charges) contained herein; OR
2.2.2 permanent termination of services without extension or provision of period of continual service with the release of EPP code to DTS.
2.2.3 in absence of written notice by DTS, ANZ THRIVE reserves the right to terminate in accordance to Clause 2.2.2.
3. Conditional Termination and Period of Continual Service
3.1 The Terms and Conditions of Service shall cease to be effective upon the Malaysian Ringgit to US Dollar currency exchange rate reaches MYR 4.5 to 1 USD with written notice to DTS and subjected to renegotiation within a thirty (30) days period.
3.2 A maximum of thirty (30) days period of continual service shall be provided to DTS prorated in an event of conditional termination in accordance to Clause 3.1. Should a new Terms and Conditions of Service is not able to be reached within the thirty (30) days, ANZ THRIVE reserves the absolute right to terminate without written notice after the period of continual service in accordance to Clause 2.2.2.
4. Termination And Related Matters
4.1 DTS hereby agrees that there shall be no early termination of the term hereby created except with written consent of ANZ THRIVE in the event of early termination of the term hereby created, DTS shall pay ANZ THRIVE in full, the balance sum if money remaining payable pertaining to the uncompleted period of term hereby created and whatever amount outstanding as invoiced by ANZ THRIVE prior to the termination, including administration fees.
4.2 In the event of DTS shall be in breach of any Terms and Conditions of Service or shall have committed any act(s) of inconsistent with any term(s) or condition(s) of this Terms and Conditions of Service, THEN:-
4.2.1 ANZ THRIVE reserves the right to terminate this Terms and Conditions of Service with immediate effect without any further support and with release of EPP code to DTS; and/or
4.2.2 DTS shall upon ANZ THRIVE exercising its right to terminate as stated in Clause 4.2.1, pay to ANZ THRIVE in full, the remaining amount sum of money pertaining to the uncompleted period of term hereby created and whatever amount outstanding as invoiced by ANZ THRIVE prior to the termination, including the administrative fees.
5. Disclaimer of Liability
5.1 ANZ THRIVE shall not be liable for any loss of business or profit or for any consequential loss however arising, including the delay and failure in providing service and maintenance.
5.2 ANZ THRIVE shall not be held responsible for subsequent malfunction of any equipment caused by the usage of email, website or Happyfox.
5.3 ANZ THRIVE shall not be held responsible for damage/malfunction of any not related ANZ THRIVE services and/or outside the specified “Scope and Manner of Service”.
6. DTS’s Duties and Liabilities
6.1 Undertake to pay ANZ THRIVE in full, all charges invoiced by ANZ THRIVE strictly within thirty (30) days from the invoice date. Interest at 5% will be levied on all overdue invoices. ANZ THRIVE reserves the right to suspend the support to the services rendered while continuing to charge customer on the agreed payment schedule.
7. ANZ THRIVE’s Right to Vary, Add and/or Amend Terms and Conditions of Service
7.1 ANZ THRIVE reserves the absolute right to vary, add and/or amend any terms(s) in this Terms and Conditions of Service (including terms and conditions relating to payment and charges) at any time and from time by giving DTS thirty (30) days prior written notice.
8.1 This Terms and Conditions of Service shall be governed by the laws of Malaysia. No waiver, alteration or additional to the foregoing terms and conditions shall be valid unless made after the date hereof in writing and signed by a duly authorized representative of ANZ THRIVE.
9. Scheduled premise visit and reporting
9.1 A representative of ANZ THRIVE shall schedule visit to DTS premise, subjected to the availability and discretion of ANZ THRIVE.
9.2 Reporting shall be submitted upon request to DTS via email.
10. Scope and Manner of Service
10.1 Services to be rendered by ANZ THRIVE to DTS: Payment Management & Support
10.1.1 Payment management for email and website maintenance
10.1.2 Email management (notification, creation and termination of account)
10.1.3 Emails for current twenty (20) users (inclusive of ANZ THRIVE Super Administrator)
10.1.4 Support via phone, email or remote access (Monday to Friday, 9.00am to 5.00pm)
10.1.5 Automatic upgrade email storage for email account that are over 90% capacity for two (2) users (20GB each)
10.2 Scope and Manner of Service not included in the service rendered by ANZ THRIVE to DTS
10.2.1 Other software and online tools modification and integration, reporting and training
10.2.2 Website design and management
10.2.3 Onsite support and training
10.2.4 Email for the twenty-first (21) user onwards
10.2.5 Third (3) user surpassing 20GB additional storage onwards
10.3 ANZ THRIVE reserves the absolute right to deny any additional responsibility and/or liability or add-on additional incurring charges to the existing charges should there be ad-hoc additional responsibility not stated under the Scope and Manner of Service. All additional charges shall be borne by DTS should the Clause 10.2.4 and/or Clause 10.2.5 be in effective to be included to the Scope and Manner of Service.