MX-General Terms and Conditions

IMPORTANT: PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY AND MAINTAIN A COPY FOR YOUR RECORDS.

BY SUBMITTING: (A) An ordering Form, OR (B) Quotation with your signature. YOU ACCEPT AND AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS, THE DOCUMENTATION, AND THE OTHER ITEMS REFERENCED HEREIN AND THEREIN (COLLECTIVELY, THE "AGREEMENT"), ALL OF WHICH ARE INCORPORATED INTO AND FORM PART OF THE AGREEMENT WHERE (“Documentation”) means the OFFICIAL written information about the Agreement and made available by MX to you as updated or amended by MX from time to time. THIS REPRESENT THAT YOU HAVE READ AND UNDERSTAND ALL OF THE PROVISIONS OF THE AGREEMENT.

THE AGREEMENT IS BETWEEN THE MAXTREME STRATEGY SDN BHD (“MX,” “WE,” OR “US”) THAT ACCEPTS THE ORDER FOR THE APPLICABLE PRODUCT (“mobiz®”) AND THE INDIVIDUAL OR LEGAL ENTITY THAT SUBMITS THE ORDER OR QUOTATION WITH SIGNATURE (“ACCOUNT HOLDER”, “Client”, “YOU,” OR “YOUR”).

DEFINITIONS

• Agreement: means this acceptable use policy and all attachments that you have agreed with.
• MX (and “We” and “Us”): is Maxtreme Strategy Sdn Bhd
• Account Holder (and “Client”, “You” and “Your”): the individual or legal entity who has agreed to buy mobiz® app and agreed this Terms and Conditions.
• mobiz®: is the product name of MX.
• Content: means data, information, graphics, images, photos, audio or video, sounds, signs, links, web pages. Software and code, files, texts, visual works, musical work, works of authorship and components.
• CMS: is content management system which operated, administered and owned by Maxtreme Strategy Sdn Bhd.
• Account: is refer to the username and password of CMS that created by MX and given it to you once the mobiz® app uploaded to app store / play store successfully.
• Third Parties: means End user or others vendor, supplier.
• Play Store: is a digital distribution service, including a digital media store, the Google Play Store (originally the Android Market), operated and developed by Google. It serves as the official app store for the Android operating system, allowing users to browse and download applications developed with the Android SDK and published through Google.
• App Store (iOS): is a digital distribution platform, developed and maintained by Apple Inc., for mobile apps on iOS. The store allows users to browse and download applications that are developed with Apple's iOS SDK.
• Ready-made app: it creates based on the ready-made templates design shown in mobiz®.
• Customization app: it develops based on customer request and the chosen of ready-made template design.

1.Payment

• 1.1 Design Fees / Hosting Fee / Advanced payment
• 1.1.1 Design Fees / Hosting Fee / Advanced payment based on our ready-made templates, it does not contain any customization design.
• 1.1.2 There will be no liability or penalty for the delay in app developing if it is due to server failures, software glitches, software bugs, disputes with copyright owners, labour disputes, or other causes beyond the control of MX. In such cases, the extension on app developing schedules might be happened according to the situation by mutual agreement. MX will only start developing the app after we received complete information from you. Further, MX shall not be liable if the delay in app developing is due to the Client's failed to give complete information within 1 month. You shall bear any added costs incurred as a result of any form of delayed caused or initiated by you.
• 1.1.3 Design Fees / Hosting Fee / Advanced payment is a monetary payment to MX after you submit an endorsement sales order. Design Fees /Hosting Fee / Advanced payment is generally not refundable even you request or submit a cancellation request from us.
• 1.2 Customization Fees
• 1.2.1 Customization Fees calculated based on features, complexity and platform / consultation fee (minimum RM1,000/ per man day)
• 1.2.2 Any content and main page design amendments after app completion, we reserve the right to charge at the rate of RM300 (per half day) for the service.
• 1.2.3 Any amendment on customization features after app completion, we reserve the right to charge at the rate of RM550 (per half day) for the service.
• 1.2.4 The Customization Fees is a monetary payment to MX after you submit an endorsement sales order. Customization Fee / Advanced payment is generally not refundable even you request or submit a cancellation request from us.
• 1.3 All payment (if any) is in currency Ringgit Malaysia (RM) and not refundable for any reasons.
• 1.4 Advanced payment has to be made before proceeding on developing any apps. All balance payment has to be made on the 21 working days upon completion and before App Store and Play Store submission. Client fail to do on the balance payment will be forfeited on the advanced payment.
• 1.5 All fees hereunder are exclusive of all taxes, levies, or duties imposed by the taxing authorities. You acknowledge and agree that you will bear and be responsible for all applicable taxes, duties and other governmental charges imposed on you with respect to these Terms.
• 1.6 Advanced payment (50% of customization & hosting fees) shall be made after receiving of Pro Forma Invoice before developing apps.
• 1.7 Full balance payment shall be made within 21 working days upon 75% development. Upfront payment will be forfeited if failed to complete the purchase.
• 1.8 Full payment on maintenance fees on customization after app submission to either Play Store/App Store.
• 1.9 NO CANCELLATION IS ALLOWED FOR ANY REASON AND 100% SURCHARGE WILL BE IMPOSED. ALL PAYMENTS ARE NOT REFUNDABLE AT ALL.
• 1.10 All prices are subject to change without prior notice due to currency fluctuation or unforeseen economic circumstances. In the case of human or computer error, MX reserves the right to re-invoice for the correct price or service at any time.

2. Exclusion of warranties, representations and guarantees

2.1 We do not warrant, represent or guarantee:

• the accuracy of the information published on this mobile app;
• the completeness of the information published on this mobile app;
• the completeness of the information published on this mobile app;
• or the information on the mobile app can be applied to achieve any particular result;
• app rejection by App Store or Play Store. Please refer to the regulation posted in App Store and Play Store. You may find the links in .
• access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
• App might be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App.
• We are not liable for the actions of third parties that you have assigned / give authority to access your CMS account.

2.2 To the maximum extent permitted by applicable law we exclude all representations, warranties and guarantees relating to this mobile app and the use of this mobile app (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

2.3 Your content (and its publication on our mobile app) must not:

• be libellous or maliciously false;
• be obscene or indecent;
• infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
• infringe any right of confidence, right of privacy, or right under data protection legislation;
• constitute negligent advice or contain any negligent statement;
• constitute an incitement to commit a crime;
• be in contempt of any court, or in breach of any court order;
• be in breach of racial or religious hatred or discrimination legislation;
• be blasphemous;
• be in breach of official secrets legislation;
• be in breach of any contractual obligation owed to any person;
• depict violence in an explicit, graphic or gratuitous manner;
• be pornographic or sexually explicit;
• be untrue, false, inaccurate or misleading;
• consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
• constitute spam;
• be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
• cause annoyance, inconvenience or needless anxiety to any person.

Your content must be appropriate, civil, lawful and accord with generally accepted standards of etiquette and behaviour on the mobile app and CMS. You must not use our mobile app and CMS to link to any website or web page and any other platform consisting of or containing material that would, were it posted on our mobile app, breach the provisions of these terms and conditions.

3. Developing Period

3.1 Ready-made app

• After advanced payment has made, you must provide full details information via internet, mobile phones, tablets and other current or future platform or media within 30 days from invoice date.
• Production lead time 40-60 working days upon receiving the upfront payment and full details (App Content)
• Once the mobile app setup is complete, client has to make confirmation with clear approval via email within 14 days.
• Client entitle for maximum 2 times amendments only during set-up period. These amendments based on CMS availability only.
• Client has to confirm all the amendments in pictures and client’s information content within 90 days of developing period from invoice date. 
• MS will not take any responsibilities on the delayed if client failed to fulfil the above statements.
• The advance payment will be forfeited and MX will not upload app into App Store and Play Store if client failed to fulfil the above statements.

3.2 Customization app

• After advanced payment has made, you must provide full details information via internet, mobile phones, tablets and other current or future platform or media within 30 days from invoice date.
• Production lead time for customization is varying based on customization requirements.
• Once the mobile app development is complete, client has to make confirmation with clear approval via email within 14 days.
• Client entitle for maximum 3 times amendments only during developing period.
• Client has to confirm all the amendments within 90 days from the date of mobile app completion. 
• MX will not take any responsibilities on the delayed if client failed to fulfil the above statements.
• The advance payment will be forfeited and MX will not upload app into App Store and Play Store if client failed to fulfil the above statements.

4. App Submission

4.1 After app submission, there will be a limit of download of 10,000 times per app. If more than 10,000 downloads, client have to purchase own personal server from MX at own cost.

4.2 Legal

You must not use the App for any of the following purposes:

• Anything unlawful or illegal or fraudulent or malicious or which promotes any criminal activity or provides information about the same;
• Anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others. This includes any information that you may add or upload to the App;
• Interfering in any way with any other user of the App; and/or
• Knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.
• You must not use the App in a way that may damage or impair the App, the Service or our underlying systems and security.
• In case of violations of third-party rights or other legal regulations, we reserve the right to block or drop members, project, proposals, comments and other content without prior notice, as well as arranging other measurements, to prevent misuse of MX’s products & services.

4.3 We do not accept any responsibility for:

• malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send or the material you access via the App;
• any losses or delays send messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
• viruses that may infect your computer equipment or other property on account of your access to or use of the App or your accessing any materials on the App;
• any unauthorised use or interception of any message or information before it reaches the App or our servers from the App;
• any unauthorised use or access to data on you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to protect your data), to the extent permitted by local law;
• any content provided by third parties.
• Your mobile app reject by App Store or Play Store if breaking their rules.
• hosting starts from the date of the very first app uploaded to Play Store/ App Store.

5. Training on CMS

5.1 All clients entitle for CMS user training at MX HQ/any public area within Klang Valley. Any special training arrangement, on-site training, more than 2 users, additional training session(s) or whichever request that exceeded the terms & conditions below are subject to additional charges. Clients have to agree on the following terms & conditions:

• You entitle for 1 complimentary CMS training session in MX HQ/any public area within Klang Valley.
• Each company is only allowed for maximum 2 users per session.
• Each training session is limit to maximum of 4 hours.
• Additional charges of RM80 for subsequent hour per session.
• Additional charges of RM50 per pax/session for additional candidate. 
• Additional charges of RM300 per session for additional training.
• Additional charges applied for training outside of Klang Valley and based on availability.
• You must place booking at least 1 week in advance before the training. All training sessions are subject to availability.
• Cancellation or Rescheduling fees apply based on conditions:
• CMS training will be forfeited if you cancel or reschedule training session more than 2 times or
• Client has to inform us 3 days in advance from the scheduled training.

5.2 All training materials provided by us are solely owned by Maxtreme Strategy Sdn Bhd. All materials available from Mobiz website, Mobiz CMS system including the design, graphics and text of all printed materials, the audio of all webinars and video are Maxtreme Strategy Sdn Bhd Intellectual Property. Mobiz content cannot be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without the MX prior permission. Any such use is strictly prohibited and will constitute an infringement of the MX’s intellectual property rights.

6. Accounts

• You must provide true, accurate and current information when you sign up for an account with us or to use the Services.
• You are responsible to maintain and promptly update your information to keep it true, accurate and current.
• You are responsible to maintain confidentiality of your account and password, and for restricting access to your computer or devices. You agree to accept responsibility for all activities that occur under your account or password.
• We may suspend or terminate your account at our discretion if we believe that you have violated the Terms and Conditions.
• The Services are available for users who are aged 18 and above. If you are under the age of 18, you must not register with us or use the Services.

7. Services

We may at any time limit access to, or modify or cease, the whole or part of the Services.

You are responsible for all equipment, devices and data connection at your own costs to use our Terms & Conditions。

8. Service Contract

The service contract is effective from the hosting date for twelve (12) months. Hosting date is referring to the date of very first successful app uploaded into Play Store & App Store.

The service contract will automatic renew for another 12 months based on the Order if the following situation is not occurring:

• Buyer submits a cancellation order 1 month before the service contract end.
• MX provides the newest price when the price validity is over.

9. Trademark

The “mobiz” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of us.

10. Liability

10.1 We aim to provides but do not guarantee continuous or fault free services. We are not liable to you in contract, tort (including negligence), or otherwise for any loss or damage (e.g. lost profits or business or consequential losses that you may suffer in with the Services (or a failure to provide the Services.).

10.2 You assume sole responsibility for results obtained from the App, and for conclusions drawn from such use. You will take liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the App, or any actions taken by us at your direction.

10.3 You hereby release MX, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other App or Website users.

MX will revise this general terms and conditions at any time by updating this posting. By continuing use MX product and services, you agree to be bound by the latest terms and conditions. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.

UPON ANY BREACH OF THIS GENERAL TERM AND CONDITIONS BY CLIENT, MX MAY TERMINATE ANY OR ALL OF THE AGREEMENT IN WHOLE OR IN PART WITHOUT ANY LIABILITY OR WITHOUT COMPENSATION OR NO REFUNDABLE PAYMENT OR TERMINATE PENALTIES OF ANY KIND.

These CMS acceptable use policy we most recently updated on February 7, 2017.