SUBSCRIPTION AGREEMENT FOR SELF MONITORING SERVICES

Transcription

1 Manual Registration Version SUBSCRIPTION AGREEMENT FOR SELF MONITORING SERVICES SME Credit Bureau (M) Sdn Bhd ( T) Level 5, Bangunan CGC, Kelana Business Centre 97, Jalan SS7/2, Petaling Jaya Selangor Darul Ehsan Tel: Fax: The undersigned Subscriber hereby engages SME Credit Bureau to provide the Self Monitoring Services. SUBSCRIBER INFORMATION Business/Company Registration No: Business/Company Registration Date: Business/Company Name: Legal Constitution: (Please select either one: Sole Proprietor/Partnership/Private Limited Company/Others) Country of Registration: Economy Sector: Sub Sector: Business/Company Address: Postal Code: Telephone Number (Office): Fax Number: Address (Business/Company): Website (if any): Name of Contact Person: New IC Number/Old IC Number: Designation: Telephone Number: Address: The SME Credit Bureau and The Subscriber, by signing this Agreement, agree to and intend to be bound by the Terms of Agreement as appended to this agreement Signed by: for and on behalf of SME Credit Bureau Signed by: for and on behalf of Subscriber Name Name of Authorised signatory Designation Date IC Number Designation Date For SME Credit Bureau Use Business/Company Stamp: Subscriber No. Sales Associate Customer Service To help us activate your subscription, kindly return to us the two (2) copies of the original Subscription Agreement and the following forms: 1) For Sole Proprietor or Partnership Certified True Copy of Business Registration or Form D Approved by Government Agencies 2) For Private Limited Company Certified True Copy of Form 49 (Particulars of Director lodged with Companies Commission of Malaysia (CCM)), Certified True Copy of Form 24 (Particulars of shareholding lodged with CCM) and Certified True Copy of Form 13 (Certificate of Change of Company Name - if Applicable) 3) For Others, Please Provide your Certified True Copy of Business Registration Form. 4) For Owner/Partner/Director whose business/company is not a subscriber of the service, please bring along the above documents together with the Owner/Partner/Director original and Certified True Copy of photocopy of IC. Note: The Owner/Partner/Director needs to walk-in to subscribe. 5) For Owner/Partner/Director whose business/company is a subscriber of the service, the Owner/Partner/Director will only need to bring along original and Certified True Copy of photocopy of IC. Note: The Owner/Partner/Director needs to walk-in to subscribe. 6) A copy of Self Monitoring Services Recipient Form applicable for item (1), (2) & (3) above. Please Mail to: SME Credit Bureau (M) Sdn Bhd Level 5, Bangunan CGC, Kelana Business Centre 97, Jalan SS7/2, Petaling Jaya Selangor Darul Ehsan, Malaysia

2 T E R M S O F A G R E E M E N T 1. SERVICE 1.1 Self Monitoring Services ( The Service ) is an online, data monitoring platform to provide monitoring services to the Subscriber. The Service monitors the Subscriber s own credit information for key changes on a periodic basis. Credit information such as new enquiries, application for new credit facility, payment updates and other reporting by third party data sources will be checked and once changes are detected, The Service will notify the Subscriber via an automated alert system on the occurrence. 2. DEFINITIONS 2.1 In this Agreement: SMECB Subscriber Alert means SME Credit Bureau (M) Sdn. Bhd. (Company No T) a company incorporated in Malaysia with its registered and/or business address at Level 5, Bangunan CGC, Kelana Business Centre, 97, Jalan SS 7/2, Petaling Jaya, Selangor Darul Ehsan. means the person whose name is set out in the first page of this Agreement which subscribe for this Service. means any changes to the Subscriber s credit information. Credit Information means information on the Subscriber as gathered by SMECB from third party data sources. 2.2 Except where the context requires otherwise the singular includes the plural and vice versa; a reference to one gender includes all genders; words denoting persons include firms and corporations and vice versa. 3. DISCLAIMER 3.1 The service is provided on an as and when basis and SMECB shall not be liable for and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to availability, accessibility and timeliness of the Service. 4. APPLICATION AND ACCEPTANCE OF TERMS OF AGREEMENT 4.1 These Terms of Agreement shall apply to all and any of the Credit Information accessed by the Subscriber. 4.2 The Subscriber acknowledge that the Subscriber have read and fully understood all the terms of agreement. The Subscriber s use of the service, upon activation, constitutes unconditional acceptance to be bound by these terms of agreement including its amendments. The Subscriber confirms that the Subscriber is competent to accept these terms of agreement. 5. ACTIVATION OF SERVICE 5.1 The Subscriber shall provide the completed documents specified in the first page of this Agreement together with the payment or payment slip as stipulated under Clause 8 of this Agreement to SMECB to activate the Service. 5.2 The Service shall be activated within 3 working days from the date of receipt of the completed documents and payment has been credited into SMECB s account. 5.3 Subscription of this Service for the Owner/Partner/Director is subjected to the following condition: The business/company of the Owner/Partner/Director must subscribe to the Service. 6. CREDIT INFORMATION 6.1 The Credit Information and any other information made available to the Subscriber by subscribing to the Service forms part of SMECB database. The database is stored on and is continually amended and updated from many third party data sources and is made available to the Subscriber through or by use of the SMECB system. 6.2 The Subscriber acknowledges that SMECB does not, and could not for the fees charged hereunder, guarantee or warrant the correctness, completeness, accuracy or timeliness of the credit information. Such credit information is not the product of an independent investigation prompted by each Subscriber inquiry but is updated and revised on a periodic basis. 6.3 The Subscriber agrees that SMECB shall not be liable to the Subscriber for any loss or damage arising out of or

3 caused, in whole or in part, by SMECB s acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the Credit Information. 7. COMMENCEMENT OF SERVICE 7.1 The Service shall commence from the date of activation of the service and shall be valid for a period of one year from the date of activation or upon termination in accordance with Clause 11 of this Agreement. 8. CHARGES 8.1 The Subscriber shall pay to SMECB the subscription fee of RM50 per year. 8.2 The above prescribed fee is payable prior to the activation of service. 8.3 The payment shall be made using any of the following method: Cash Payment (applicable for walk-in Subscriber only); Cheque Payment to be made payable to SME Credit Bureau (M) Sdn. Bhd ( T) and mailed to Level 5, Bangunan CGC, Kelana Business Centre, No. 97, Jalan SS7/2, 47301, Petaling Jaya, Selangor Darul Ehsan Direct bank- in to: Bank Account: Maybank Bank Account Holder: SME Credit Bureau (M) Sdn. Bhd. Bank Account Number: The payment made by the Subscriber is non-refundable. 9. PROVISION OF SERVICES TO THE SUBSCRIBER 9.1 Upon the activation of the Service, the Subscriber will have access to the Service through the SMECB System and/or Notification SMECB System Upon activation, the Subscriber will receive a password via The Subscriber will have access to the SMECB system using its password and The Subscriber will receive the alerts in the SMECB system Notification Upon activation, the Subscriber will receive the alerts in its The provisions of Service under this Clause are specified in the Self Monitoring User Guide. The Subscriber hereby agrees and acknowledges that the provision of this Service is subject to the terms as set out in the Self Monitoring User Guide and any other guidelines, notices or instructions as may be published and issued by SMECB. the Subscriber further agrees that SMECB is entitled to issue further amendments, variation or modification to the Self Monitoring User Guide from time to time. 9.3 The Subscriber shall maintain confidentiality of information on the User ID, Password and other relevant information in respect of the Service. Further the Subscriber shall be responsible for any unauthorized access or use of the Subscriber s User ID and Password and direct or indirect consequences thereto. 9.4 The Subscriber understands that while SMECB will use its best endeavours to ensure that all information transmitted using the Service is secure, SMECB does not warrant the security of any information transmitted to the Subscriber using the Service. 10. RENEWAL OF SERVICE 10.1 The Subscriber may renew the Service by completing the Renewal of Service Form available in the website and returning the completed form to SMECB. 11. TERMINATION 11.1 Subscriber shall notify SMECB of the intention to terminate this Agreement by giving fourteen (14) days written notice or by sending the completed Cancellation of Service Form to SMECB.

4 11.2 This Agreement is deemed to have been terminated in the event of non- renewal of the Service by the Subscriber under Clause This Agreement is deemed to have be terminated in the event that the business/company of the Owner/Partner/Director is no longer a subscriber to the Service SMECB may terminate this Agreement by giving the Subscriber fourteen (14) days written notice, if the Subscriber Fails to comply with any of SMECB s guideline and/or instruction communicated to the Subscriber in writing or if the Subscriber is in breach of the Terms of this Agreement Any fee and/or charges paid shall not be refundable upon termination by either SMECB or the Subscriber. 12. DISCLOSURE OF SUBSCRIBER S INFORMATION 12.1 The Subscriber agrees to grant consent to SMECB on the following: Obtain the Credit Information and/or any information about the Subscriber from data sources at the absolute discretion of SMECB; and Disclose the Credit Information and/or any information relating to the Subscriber, to the Subscriber for the purpose of provision of Service under this Agreement. 13. LIABILITY 13.1 The Subscriber agrees that SMECB shall not be liable for any costs, loss or damage (whether direct or indirect) or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of the Subscriber using the Service or for whatever reason under this Terms of Agreement The Subscriber further acknowledges that SMECB make no warranties or representation of any kinds with respect to the Service and SMECB will not be responsible for any loss of or damage to the Subscriber s data, software, equipment, network access or other equipment used to access the Service. 14. FORCE MAJEURE 14.1 SMECB shall not be liable for any breach of this Agreement arising from cause beyond its control including but not limited to Acts of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government, industrial disputes of any kind, fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom SMECB is not responsible or any other cause whether similar or dissimilar outside SMECB s control. 15. ASSIGNMENT 15.1 The Subscriber shall not assign any of its rights or obligations under this Agreement to any other person. 16. GOVERNING LAW AND JURISDICTION 16.1 This Agreement shall be governed by and construed in accordance with the laws of Malaysia and the parties hereby agree and shall submit to the exclusive jurisdiction of the courts in Malaysia. 17. SEVERABILITY 17.1 If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected. 18. VARIATION 18.1 SMECB reserves the right to amend the Terms of Agreement herein contained and/or the specific terms at any time and the Subscriber shall be bound by the amended Terms of Agreement. Notice of the amendment may be given by SMECB to the Subscriber in such manner as SMECB deems appropriate. 19. NOTICES AND COMMUNICATION 19.1 SMECB may give notices to the Subscriber by broadcasting a message on the SMECB website, by electronic mail to the Subscriber last known address in the SMECB s records and such notification shall be deemed received twenty four (24) hours after sending or in such other forms and manner as SMECB deems appropriate All notices to SMECB by the Subscriber concerning the Service and these Terms of Agreement shall be in writing, signed by the Subscriber and sent to SMECB at its registered address or in such other manner as SMECB may notify the Subscriber from time to time.

5 20. WAIVER 20.1 No delay or indulgence by SMECB in enforcing any term of this Agreement or granting of time by SMECB to the Subscriber shall prejudice the rights and powers of SMECB under this Agreement or at law Failure by SMECB to exercise any part or all of its rights under the term of this Agreement or any partial exercise shall not act as a waiver of such right nor shall any waiver by SMECB of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

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