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Introduction Services Fees and Payment Intellectual Property Confidentiality Limitation of Liability Termination Governing Law Entire Agreement

Last Updated on 28th August , 2024

1. Introduction

1.1 These terms and conditions apply to the GOEXCEL TECHNOLOGY SDN BHD website located at www.excelroot.com, and all associated websites linked to www.excelroot.com by GOEXCEL TECHNOLOGY SDN BHD, its subsidiaries and affiliates, including GOEXCEL TECHNOLOGY SDN BHD sites around the world (collectively ‘the Site’). Please read these terms and conditions (the ‘Terms and Conditions’) carefully. BY USING THE SITE, THE CLIENT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. These Terms and Conditions govern the Client's use of, and any purchase from, thGOEXCEL TECHNOLOGY SDN BHD, and constitute an agreement between the Client and GOEXCEL TECHNOLOGY SDN BHD. GOEXCEL TECHNOLOGY SDN BHD reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the site. The Client's continued use of the site following the posting of its changes or modifications will constitute the Client's acceptance of such changes or modifications. Therefore, the Client should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to the Client's use of the Site. If the Client do not agree to the amended terms, the Client must stop using the Site.

1.2 This Agreement sets forth the terms and conditions under which Excelroot Technology Sdn. Bhd. (the "Provider") will provide software solutions and related services (the "Services") to the Client.


2. Services

2.1 The Provider will provide the following Services to the Client: Customized Software Solutions.

2.2 The Provider reserves the right to modify or discontinue any Service without prior notice. 


3. Fees and Payment

3.1 The Client agrees to pay the Provider the fees as set forth in the Service Order or invoice.

3.2 Payment terms will be including 8% service charge for all our services.


4. Intellectual Property

4.1 The Provider retains ownership of all intellectual property rights related to the software and any customizations or modifications made by the Provider.


4.2 The Client is granted a non-exclusive, non-transferable license to use the software for internal purposes only.


5. Confidentiality

5.1 Both parties agree to keep confidential any confidential information disclosed by the other party.


6. Limitation of Liability

6.1  The client expressly understands and agrees that, to the extent permitted by applicable law, the Provider and its suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use of or inability to use the Services or this Agreement, regardless of the legal theory, including negligence. The Provider's total liability for any claims shall be limited to the amount paid by the client for the Services in the twelve (12) months preceding the claim.

 

7. Termination

7.1 The Client may terminate this Agreement at any time by unsubscribing to the service paid. The termination will be effective at the end of the current subscription period, and the subscription will not renew thereafter.

7.2 The Client’s data will be retained for 30 days following termination. After this period, all data will be permanently deleted.


8. Governing Law

8.1 This Agreement shall be governed by and construed in accordance with the laws of Malaysia.


9. Entire Agreement

9.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.