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Our Service Term

SystemMATE.my Terms of Service. 
Last updated: 1st Feb 2011

Terms of Service (the "Agreement") contains the terms and conditions that govern Your access to and use of the Service Offerings (as defined below) and is an agreement between SystemMATE Network Sdn Bhd (“SystemMATE”) and You or the entity You represent (“You”).  This agreement takes effect when You click an “I Accept” button or check box presented with these terms, or when You click an “Order” button, or when You use any of the Services (the “Effective Date”) or You pay for deposit before the web development .  You represent to us that You are lawfully able to enter into contracts (e.g. You are not a minor).  If You are entering into this Agreement for an entity, such as the company You work for, You represent to us that You have legal authority to bind that entity.  You acknowledge that You have read the Agreement, and You agree to its terms and conditions and all policies posted on the SystemMATE Website.
As referred to in this Agreement, and

  1. Definitions and Interpretations.  
    1. ”API” refers to an application program interface.  
    2. Business Hours refers to a period of time commencing from 9. 00 a. m. to 6. 00 p. m. on any Monday to Friday excluding a Public Holiday based on Malaysia calendar.
    3. "SystemMATE Website" refers to the Site located at the URL http://www.SystemMATE.com.my, http://www.SystemMATE.my, or any other successor sites owned or maintained by SystemMATE.
    4. Services” refers to the web services made available by SystemMATE or its affiliates. 
    5. "Site" or “Website” refers to a World Wide Web site.
  2. Term.
    1. Generally.  The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by You or SystemMATE in accordance with the Termination Clause of this Agreement.
    2. Term.  Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided in this Agreement or other Supplemental Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one-month period.
  3. Fees and Payment.
    1. Generally.  Upon submission of the Order and acceptance by SystemMATE, You shall pay to SystemMATE a refundable deposit and other charges, fees and rentals for the Services and/or equipment, as the case may be, which shall be at the rates prescribed on the SystemMATE website from time to time and payable in advance or at such other time in accordance with SystemMATEf policy or requirements.  The said charges, fees and rentals shall commence from the Effective Date.
    2. Pay Promptly.  You shall promptly pay on demand by SystemMATE and at the times stipulated in such demand all charges, fees, rentals, costs or other amounts in connection with the Services.  You shall continue to be liable for any applicable charges during the period of interruption or loss of Services from any cause whatsoever.
    3. Prepayment.  SystemMATE may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.
    4. Monthly Service Fees.  Fees for service ordered by You shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits.  Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
    5. Upgrade Fees.  Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date.  Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge.  Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
    6. Hourly Service Fees.  For any services offered by SystemMATE on an hourly basis (“Hourly Services”), You shall specify the period of time for which the Hourly Services are requested, or cancel at any time.  The minimum period of time for which Hourly Services may be requested is one (“1”) hour and Customer will be billed in full hourly increments, and no breakdown by minutes shall be permitted.  Unless otherwise specifically stated in the Terms, Customers who request Hourly Services agree to all terms and conditions in SystemMATE ‘sTerms, including but not limited to these Terms and the AUP.  You will be billed for Hourly Services and receive any SLA credits, if applicable, on the Anniversary Billing Date.
    7. Additional Service Fees.  Additional services, not including Hourly Services, ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date.  Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge.  Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
    8. One Time Fees.  One time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and/or agreed upon in writing email to rizal@systemmate.com.my.  One time fees, such as bandwidth overages and SystemMATE overages are due and payable upon an invoice following the billing cycle in which they are incurred, and are based on standard rates, or as otherwise agreed upon in writing with SystemMATE approval.
    9. Full Payment.  All payments due to SystemMATE under this Agreement shall be made in full, without deduction for any reason, including but not limited to, set-off, counterclaim or other equitable or lawful claim.
    10. Late Fees.  Any payment not received within twenty (20) days of the invoice due date, will be assessed a late payment fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is higher, with a minimum of Late Fee as per described in Appendix-I.  You shall pay to SystemMATE all expenses incurred by SystemMATE in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by you, including, but not limited to, reasonable attorneysf fees and the fees of any collection agency retained by SystemMATE.  Late Fees will continue to accrue as long as there is an outstanding balance.
    11. Invoices & Charge. SystemMATE have its right to produce Invoice after the services/website delivered to YOU if you do not issue any problem or modification within 30days. We assume you agreed and satisfied with the services because YOU do not responds and 30days ‘Quite-day’ if FAIR for us issue invoice. Then;
      1. SystemMATE have right to cancel your web without any refund if you delayed to full payment more than 3 (three) months after invoices issued.
      2. SystemMATE have right redirect your website to temporary web or notification page if you failed pay full payment after 3(three) months after invoices issued.
  4. Use of the Service Offerings.
    1. Unauthorized Access.  SystemMATE and its affiliates are not responsible for unauthorized access to Your account.  You shall contact us immediately if You believe an unauthorized third party may be using Your account or if Your account information is lost or stolen.
    2. Hosting Info. YOU should keep your hosting password secure. Once we give you the password and login of ftp, we will not guarantee any damage of the web files and database because it may cause from your side.
    3. Third Party Content.  Third Party Content, such as software applications provided by third parties may be made available directly to You via other companies or individuals under separate terms and conditions, including separate fees and charges.  Because SystemMATE may not have tested or screened the Third Party Content, Your use of any Third Party Content is at Your sole risk and SystemMATE shall not be liable for any infringement on intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights)
  5. Changes.
    1. To the Services.  SystemMATE may change, discontinue, or deprecate any of the Services (including the Services as a whole) or change or remove features or functionality of the Services from time to time.  SystemMATE will notify You of any material change to or discontinuation of the Services.
    2. To the APIs.  SystemMATE may change, discontinue or deprecate any APIs for the Services from time to time but will use commercially reasonable efforts to continue supporting the previous version of any API changed, discontinued, or deprecated for twelve(12) months after the change, discontinuation, or deprecation (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities).
    3. To the Service Level Agreements.  SystemMATE may change, discontinue or add Service Level Agreements from time to time.
  6. Provision of Services.
    1. Generally.  At the request of You and subject to acceptance by SystemMATE, SystemMATE will provide the Services.
    2. Maintenance of Hardware and Software.  Unless otherwise indicated in this Agreement, the Services shall not include the provision or maintenance of any computer equipment or software required by You to connect to the SystemMATE Internet Server.
    3. None Guaranteed of Services.  SystemMATE does not guarantee or warrant the availability of the Services or continuous, uninterrupted or secure access to the Internet.
    4. None Guaranteed of Backup.  SystemMATE does not guarantee or warrant that the data stored in the SystemMATE Internet Server will be backed up.  You shall be responsible for keeping an independent backup of all data stored in the space allocated to You.
    5. Right to Suspend.  SystemMATE reserves the right to suspend the Services or any part of them for operational reasons or in an emergency and the You shall not make any claim or compensation from SystemMATE.
  7. Technical Support.
    1. Generally.  SystemMATE, either directly or through its assignee or licensee, shall provide Technical Support relating to the Your Services.  SystemMATE may refuse any and all requests for Technical Support with or without reason, in its sole discretion.  Any Technical Support that SystemMATE may subsequently agree to provide to you shall be at SystemMATE sole discretion and once commenced, may be terminated at any time by SystemMATE without prior notice to you and without any liability to SystemMATE.
    2. Third Party Software Support.  SystemMATE does not provide technical support for the third party software.  The third party software is offered "as--is."  The provision and offering of third party software by SystemMATE does not constitute an endorsement of the third party software, nor can SystemMATE make any representations or warranties regarding the use and functionality of such third party software.
  8. Security Of Data.
    1. Generally.  You acknowledge that SystemMATE shall not be liable for the security of Your data on any of Your Equipment or passing over the Services and that SystemMATE shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data.  You shall be solely responsible for the data retrieved, stored or transmitted through the Services.
    2. Unauthorised Access.  You agree that SystemMATE is not liable for any unauthorised access to Your data even when the access occurs as a result of a fault in equipment or software owned, operated or supplied by SystemMATE.
    3. Log-In Credentials and Private Keys.  SystemMATE log--in credentials and private keys generated by the Services are for Your internal use only and You may not sell, transfer or sublicense them to any other entity or person, except that You may disclose Your Log-in Credentials and private key to Your agents and subcontractors performing work on Your behalf.
    4. Other Security.  You are responsible for properly configuring and using the Services and taking the necessary steps to maintain appropriate security and protection of Your Content, which may include the use of encryption technology to protect Your Content from unauthorized access and make routine archiving of Your Content.
  9. Backup Files and Processing
    1. Generally.  SystemMATE does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, You are responsible for making back-up files in connection with its use of the services.  The accuracy and quality of backup processes provided by third party software, such as the individual third party control panels, is not guaranteed by SystemMATE.
  10. Domain Name.
    1. Generally.  If requested by You, SystemMATE will, as agent for You, apply for the domain name as requested by You (“Requested Domain Name”).
    2. Domain Registration.  If You choose to register a domain name(s) through SystemMATE, You acknowledge and agree that:
      1. You will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar.
      2. SystemMATE does not offer refund(s) for domain name registration(s) for any reason, including misspelling of the domain name.
      3. Domain Terms.  By registering a domain name(s) through SystemMATE, You acknowledge and agree to the terms and conditions of the respective domain registry.
      4. None Guaranteed Domain Registration.  SystemMATE does not guarantee that it will be successful in its application for the Requested Domain Name.
      5. Domain Contact.  If the application for the Requested Domain Name is successful, then SystemMATE will become the delegated domain name Administrative Contact and Technical Contact for the Requested Domain Name.
      6. Domain Renewal.  SystemMATE will renew Your Domain provided that:-
        1. SystemMATE is the delegated domain name administrator, or the appointed reseller or the invoicing party of Your Domain Name at the scheduled time of expiry; and
        2. You are, at that time, the owner of the Domain Name; and
        3. You request SystemMATE to renew the Domain Name; and
        4. You have paid for the domain name renewal fee to SystemMATE.
      7. Domain Expiration.  Your Domain Name will become expired and may cause Your web site to become inaccessible on and after the expiry date if the Domain Name is not renewed on or before the expiry date.  You shall renew the domain name at Your own cost and expense.  In the event You failed to renew the domain name and caused the domain name to be expired or not being able to renew, You shall not make any claim or compensation from SystemMATE.
      8. Domain Redemption Period.  Domain Redemption Period is an extra grace period hold by the registrar.  It is imposed by the Registry and was instigated by ICANN in order to allow You a little more time to renew their domain name(s).  To renew a Domain Name that falls under Domain Redemption Period, a Domain Redemption Fee may apply.
      9. None Guaranteed Renewal.  SystemMATE does not guarantee that it will be successful in its application for the Requested Domain Name Renewal of Domain Name that is expired or falls under Domain Redemption Period.
  11. Customer’s Responsibilities.
    1. Customer’s Content.  You are solely responsible for the development, content, operation, maintenance, and use of Your Content.  For example, You are solely responsible for:
      1. The technical operation of Your Content, including ensuring that calls You make to any Service are compatible with then-current APIs for that Service;
      2. Compliance of Your Content with the Acceptable Use Policy, the other Policies, and the law;
      3. Claims relating to Your Content; and
      4. Properly handling and processing notices sent to You (or any of Your affiliates) by any person claiming that Your Content violate such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.
    2. End User Violations.  You will be deemed to have taken any action that You permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Services.  You are responsible for End Users’ use of Your Content and the Services.  You will ensure that all End Users comply with Your obligations under this Agreement and that the terms of Your agreement with each End User are consistent with this Agreement.  If You become aware of any violation of Your obligations under this Agreement by an End User, You will immediately terminate such End User’s access to Your Content and the Service Offerings.
    3. End User Support.  You are responsible for providing customer service (if any) to End Users.  SystemMATE does not provide any support or services to End Users unless we have a separate agreement with You or an End User obligating us to provide support or services.
    4. Computer Equipment.  You shall, at Your own expense, install and maintain the necessary computer equipment and software to enable connection to the SystemMATE Internet Server, other than any equipment and/or software supplied by SystemMATE under this Agreement
    5. Harmful Content.  You agree that You will not distribute, electronically transmit or display any materials supplied by You  or through You by a third party to any SystemMATE server in connection with Customer’s use of the Services which:
      1. Violate any state, federal or foreign laws or regulations;
      2. Infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of SystemMATE or any third party;
      3. Are defamatory, slanderous or trade libelous;
      4. Are threatening or harassing;
      5. Are discriminatory based on gender, race, age or promotes hate which violate any SystemMATE policy posted on the SystemMATE Website including but not limited to those listed in SystemMATE Acceptable Use Policy (AUP).
        F) Contain viruses or other computer programming defects which result in damage to SystemMATE or any third party.
    6. Illegal Activity.  You agree that You will not use the Services:
      1. To send unsolicited or unwelcome or bulk electronic mail messages to anyone or otherwise cause excessive or disproportionate load on the Services;
      2. For any unlawful purposes such as, but not limited to, vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person or displaying any message or posting which is offensive on moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or menacing character;
      3. For any purpose which is against public interest, public order or national harmony;
      4. To publish defamatory, infringing, obscene or other unlawful materials;
      5. In connection with the infringement of the copyright, patent, trademark, trade secret or other propriety rights of any third party or rights of publicity or privacy;
      6. To interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without authorization by the owner of the said service, equipment or computer network;
      7. To resell the Services or otherwise provide the Services to anyone unless permitted by SystemMATE.
      8. In violation of any laws relating to unfair competition, anti-discrimination or false advertising; or
      9. That result in distribution of viruses, Trojan horses, worms, time bombs, bots, or other similar harmful or deleterious programming routines
      10. Licensed Third Party Software.  You agree to use only properly licensed third party software in connection with the use of the Services.
      11. Reporting a Service Failure.  You shall, prior to reporting a Service failure or problem, carry out all necessary steps to determine the cause of the Service failure or problem.
  12. Warranty Service
    1. Generally, All web services offered and done by SystemMATE come with warranty on;
      1. Web Portal – Web portal mean web that contain non dynamic content, You cannot change the content using any panel and it may written without any connection to database or any devices or server.
      2. Web Program/System – Web that customized with system you requested with all the data and information you requested. The web may or may not connected to database and it may lay between YOU and SystemMATE’s web programmer.
    2. Web ETA – All web development will be proceed within 2 (two) Week or 2(months) or earlier after SystemMATE received YOUR deposit. If 1 (one) month after web delivered to YOU and no response from you within 1(one) month. (Respond : YOU should give us “all changes, or modification, or repair in wriiten email”), SystemMATE have right to issue invoice since YOU already agreed on the web with NO ISSUE after ONE month.
    3. Web Warranty on Major Changes – SystemMATE will not charge YOU within 2 (two) weeks after web delivered or INVOICE been issued on any MAJOR changes such as ;
      1. changing theme,
      2. rewrite system,
      3. changing whole design and
      4. layout,
      5. depends on our web programmer determine either the changes is MAJOR or NOT
    4. Web Warranty on Minor Changes – SystemMATE will not charge YOU on any MINOR changes such as;
      1. Changing content & titles,
      2. Changing pictures or logo,
      3. depends on our web programmer determine either the changes is MINOR or NOT within 3 (three) months after web delivered or INVOICE been issued.
        SystemMATE will or will not TOLERATE if you give reason “no time to check” or any similar excuse since you already CONTACT US TO BUILD THE SYSTEM and PAY DEPOSIT mean YOU SHOULD have time to do that.
      4. Any changes after maximum 3(three) month after will be charge. SystemMATE will not tolerate for excuse since we given FAIR TIME for warranty.
  13. Termination.
    1. Termination.  SystemMATE may terminate this Agreement immediately upon immediately notice to You:
      1. if SystemMATE’ relationship with a third party partner who provides software or other technology SystemMATE use to provide the Services expires, terminates or requires SystemMATE to change the way SystemMATE provide the software or other technology as part of the Services,
      2. if SystemMATE believes providing the Services could create a substantial economic or technical burden or material security risk for SystemMATE,
      3. in order to comply with the law or requests of governmental entities, or
      4. if SystemMATE determine use of the Services by You or any End Users or SystemMATE’ provision of any of the Services to You or any End Users has become impractical or unfeasible for any legal or regulatory reason, or
      5. without having to give any reason.
    2. Immediate Termination.  SystemMATE reserves the right to refuse services to anyone.  SystemMATE, in its sole discretion, may immediately terminate this Agreement if:
      1. You engaged in any of the activities as spelled out but not limited to in Clause 14 above; or
      2. SystemMATE or You commits a material breach of its obligations under this Agreement which is incapable of remedy; or
      3. SystemMATE or You commits a material breach of its obligations under this Agreement which is capable of remedy but which is not remedied anytime after the receipt of written notice of default from the other party; or
      4. SystemMATE or You is insolvent or takes any corporate action, or other steps are taken or legal proceedings are commenced for its winding up, liquidation or dissolution (other than for the purposes of solvent reconstruction on terms
        Approved by the party proposing to terminate this Agreement) or for the appointment of a receiver, receiver and manager, official manager, liquidation, provisional liquidator, trustee or similar officer of it or of any or all of its revenues and assets, or
      5. in the event any equipment or combination thereof, including hardware and software used by SystemMATE in offering of its Services, become affected in their performance and/or functionality so as to render it impossible for SystemMATE to continue to provide the Services.  In such event the sole extent of SystemMATE liability shall be the refund of any advance Subscription Fees paid by You for the duration of the interruption prior to termination.
    3. Termination Due to None Renewal.  SystemMATE may terminate this Agreement if You failed to pay for the renewal fees of its Service on time upon renewal.
    4. Service Cancellation Information Page.  If You are terminating this Agreement, You must follow instructions for cancellation provided on the Service Cancellation Information page as published on SystemMATE Website.  All cancellation notice by You must be at least Thirty(30) days before the next renewal date.
    5. Termination Due to None Compliance by Customer. If the Agreement or Services is terminated by You or by SystemMATE due to non-compliance by You of any provisions in this Agreement prior to the expiry of the Initial Term, You shall pay SystemMATE in full all charges, fees and rentals for the remainder of the said term.
    6. Relocation or Upgrade. If You terminate the Agreement during the Initial Term as a result of relocation or in order to upgrade the Services, You shall not be liable to pay for the remainder of the monthly rentals for the Initial Term, provided You enter into a new Agreement with SystemMATE for the Services at the new location or for the upgraded service immediately upon termination of this Agreement.  The new Agreement between You and SystemMATE for the new location or upgraded service will be based on the prevailing charges, rates and terms and conditions imposed by SystemMATE.
    7. Fees.  On termination of this Agreement, You shall pay SystemMATE:
      1. all amounts invoiced to You in accordance with this Agreement and unpaid as at the termination date together with the interest charged on those amounts; and
      2. all amounts incurred by You but not invoiced to You as at the termination date.
    8. Rights.  Termination of this Agreement by either You or SystemMATE for any reason whatsoever shall be without prejudice to any other rights, remedies or claims SystemMATE may have against You under this Agreement or at law in respect of any antecedent breach by You of any provision of this Agreement.
    9. Effect of Termination.  If SystemMATE terminates Your right to access or use any portion or all of the Services:
      1. You remain responsible for all fees and charges You have incurred prior the date of termination;
      2. You remain responsible for any applicable fees and charges for any Services to which You continue to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of termination;
      3. You will not be entitled to any service credits under the Service Level Agreements for any period of post termination; and
      4. SystemMATE will erase ALL of Your Content as a result of Your termination, except as specified elsewhere in this Agreement.
      5. Any such termination shall not be a breach by SystemMATE of this Agreement.
  14. Proprietary Rights
    1. Your Content.  As between You and SystemMATE, You or Your licensors own all rights, titles, and interests in and to Your Content.  We obtain no rights under this Agreement from You or Your licensors to Your Content, including any related intellectual property rights.  You consent to SystemMATE use of Your Content to provide the Services to You and Your End Users.  SystemMATE may disclose Your Content to provide the Services to You or Your End Users or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
    2. Adequate Rights.  You represent and warrant to SystemMATE that:
      1. You or Your licensors own all rights, titles, and interests in and to Your Content and Your Submissions;
      2. You have all rights in Your Content and Your Submissions necessary to grant the rights contemplated by this Agreement; and
      3. None of Your Content, Your Submissions or End Users’ use of Your Content, Your Submissions or the Services Offerings will violate SystemMATE Acceptable Use Policy.
    3. SystemMATE Trademark.  You may only use the SystemMATE Trademark in accordance with the Trademark Use Guidelines as published on SystemMATE websites.
    4. SystemMATE have its right for not give the web folder access to you and all the programming files is belong to SystemMATE property. We will or will not give you the programming file such as PHP, ASP, CSS, JAVASCRIPT files to you. This to prevent YOU copy or resell our files.
  15. Suggestions.
    1. If You provide any Suggestions to SystemMATE or its affiliates, SystemMATE will own all rights, titles, and interests in and to the Suggestions, even if You have designated the
      Suggestions as confidential.  SystemMATE and its affiliates will be entitled to use the Suggestions without restriction.  You hereby irrevocably assign to SystemMATE all rights, titles, and interests in and to the Suggestions and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.
  16. Indemnity.
    1. You will defend, indemnify, and hold harmless SystemMATE, its affiliates and licensors, and each of their respective employees, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneysf fees) arising out of or relating to any third party claim concerning:
      1. Your or any End Usersf use of the Service Offerings (including any activities under Your account and use by Your employees and personnel);
      2. Breach of this Agreement or violation of applicable law by You or any End User;
      3. Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or
      4. A dispute between You and any End User.  If SystemMATE or its affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, You will also reimburse SystemMATE for reasonable attorneysf fees, as well as SystemMATE employeesf and contractorsf time and materials spent responding to the third party subpoena or other compulsory legal order or process at SystemMATE then-current hourly rates.
  17. Modifications to the Agreement.
    1. SystemMATE may from time to time, vary or modify the terms and conditions of this Agreement (including any Policies) by posting a revised version on the SystemMATE Website.  The modified terms will become effective upon posting or, if SystemMATE notifies You by email, as stated in the email message.  By continuing to use the Service Offerings after the effective date of any modifications to this Agreement, You agree to be bound by the modified terms.  It is Your responsibility to check the SystemMATE Website regularly for modifications to this Agreement.  SystemMATE last modified this Agreement on the date listed at the beginning of this Agreement.
  18. Notice
    1. Notice To You.  SystemMATE may provide any notice to You under this Agreement by:
      1. Posting a notice on the SystemMATE Website; or
      2. Sending a message to the email address that associated with Your account.  Notices we provide by posting on the SystemMATE Website will be effective upon posting and notices we provide by email will be effective when we send the email.  It is Your responsibility to keep Your email address current.  You will be deemed to have received any email sent to the email address then associated with Your account when we send the email, whether or not You actually receive the email.
    2. Notice To Us.  To give us notice under this Agreement, You must contact SystemMATE as follows:
      1. By email to rizal@systemmate.com.my
      2. By Facsimile transmission to +607 2375322
    3. Update of Contact Information.  We may update the facsimile number or address for notices to us by posting a notice on the SystemMATE Website.  Notices provided by personal delivery will be effective immediately.  Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent.  Notices provided registered or certified mail will be effective three business days after they are sent.
    4. Language.  All communications and notices to be made or given pursuant to this Agreement must be in the English or Malay language.
  19. Law And Jurisdiction
    1. Governed Law.  This Agreement shall be governed and construed in all respects in accordance with the laws of Malaysia and the parties hereto hereby submit to the jurisdiction of the Courts of Malaysia.
  20. Force Majeure.
    1. We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, fire, flood, theft, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Knowledge


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