This strategic collaboration agreement (“Agreement”) is hereby entered on the “Date” stated hereinbelow between:-
- Digital Solutions (SA0493331-H) a business registered under the Registration Of Businesses Act 1956 and having its place of business at The Pinnacle, Suite 20-01 & 20-02B, Level 20, Persiaran Lagoon, Bandar Sunway, 47500 Subang Jaya, Selangor Darul Ehsan (“Digital Solutions”); and
- the company, details of which stipulated in signing page hereinafter (“Company”);
whereas:-
- Digital Solutions is a business which provides an online directory of loan facilities offered by the licensed money lending companies in Malaysia;
- the Company, which is a licensed money lending company, is interested to promote its business; and
- Digital Solutions offers and the Company accepts a strategic collaboration between the parties by securing a directory placement the Company’s business through a website, namely, https://ipinjam.com (“Website”) in accordance to the terms and conditions hereinbelow contained (“Terms and Conditions”):-
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Terms and Conditions |
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No. |
Terms |
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Details |
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1. |
Agreement |
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Digital Solutions hereby shall secure a directory placement of the Company at the Website and the Company hereby agrees to the placement at the Website upon the terms and conditions herein contained.
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2. |
Placement Fee |
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Only per advertisement placement Provided That Digital Solutions shall have the absolute discretion to adjust the Placement Fee from time to time.
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3. |
Company’s obligation |
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(a) The Company shall provide the Company’s full name, registration numbers, and business address.
(b) The Company hereby expressly gives its consent to Digital Solutions to use its full name, registration numbers, and business address, and such other details as provided by the Company for the purpose of this Agreement.
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4. |
Term |
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(a) One (1) year commencing from the date of this Agreement subject to an extension of term of another (1) year (“Renewal Term”) at the absolute discretion of Digital Solutions by giving a prior notice to the Company.
(b) Digital Solutions may further renew the Term of this Agreement upon expiry of Renewal Term for other three (3) times subject to the same terms and conditions except for this clause (6)(a).
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5. |
Digital Solution’s obligation |
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In consideration of the Placement Fee, Digital Solutions shall secure a directory placement of the Company at the Website and maintain such directory during the Term or the Renewal Term, as the case may be.
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6. |
Representations & Warranties |
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(a) The Company shall not do or omit to do anything which will affect the performance of this Agreement either directly or indirectly including but not limited to, commencing negotiation or entering into an arrangement with any third party, or divulge any technical know-how to any third party, as a result of which, affect or competes with Digital Solutions, Digital Solutions’ business arrangement or this Agreement or other collaboration agreement between Digital Solutions and other Company in relation to this collaboration terms.
(b) The representative of the Company shall have the full legal right, power and authority to execute, deliver and perform this Agreement.
(c) The Company shall comply with the laws enforceable against them including to have obtained or is the current holder of, a valid moneylender license under Moneylenders Act 1951.
(d) The Company is not aware or engaged in any pending or threatened litigation or governmental investigation or proceedings which may materially adverse affect its ability to enter into this Agreement and to fulfill its obligations hereunder.
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7. |
Confidentiality |
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The Company shall not disclose, divulge or reveal any information to any third party in any manner in relation to this Agreement either directly or indirectly.
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8. |
Intellectual Property Rights |
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(a) All the rights, benefits and/or entitlement arising from or due to the Website shall belong to Digital Solutions absolutely.
(b) The Company hereby agree to the use of the Company’s contact details, address, contact channel and details of the Company, person in charge, banner or signage (if applicable) at the Website by Digital Solutions at the Digital Solutions’ absolute discretion without any additional cost or expense.
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9. |
Termination |
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Digital Solutions shall have the absolute discretion to terminate this Agreement immediately by a written notice without assigning any reasons, whereupon the directory placement of the Company at the Website shall cease, be withdrawn and taken down immediately, and both parties shall have no claims, demands or requests against each other thereafter save for any antecedent breach prior to the termination of this Agreement.
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10. |
Independent Contractor |
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Digital Solutions and the Company shall not be deemed or treated as principal–agent, employer-employee, partners, fiduciary, legal representative, or trustees. The relationship between the Digital Solutions and the Company shall be of independent contractors where both parties shall be bound by the terms and conditions stated in this Agreement only.
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11. |
General |
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(a) All parties shall not assign this Agreement without other parties’ express written consent and no covenant or condition of this Agreement can be waived except by prior written consent of all parties.
(b) This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. The terms of this Agreement shall not be altered, amended, modified, or supplemented in any manner whatsoever except by written agreement signed by all the parties. This Agreement is binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
(c) If any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the remaining provisions of this Agreement shall remain in full force and effect but the parties shall negotiate in good faith to agree the terms of a mutually acceptable and satisfactory alternative provision to the provision declared void, voidable, illegal or otherwise unenforceable.
(d) The parties submit to the exclusive jurisdiction of the courts of Malaysia and any proceedings may be brought in any court of competent jurisdiction in Malaysia.
(e) This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
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AS SIGNED BY the hands of the Parties:-
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(A) Digital Solutions |
(B) Company |
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……………………………………………………. Director / Authorised Representative Name: NRIC No.: Date: |
……………………………………………………… Director / Authorised Representative Name: NRIC No.: Date: |
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