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BizAd Terms & Conditions


This Agreement represents the complete agreement and understanding between Sabah Net Sdn. Bhd. (hereinafter known as 'The Provider") and the Client (hereinafter known as "The Advertiser").

The following words used in context of the BizAd Agreement are defined as follows:

"Agreement" means the completed Application Form and the Terms and Conditions of Sabah Net Sdn. Bhd. BizAd Service including all subsequent unilateral amendments, variations, additions and deletions by Sabah Net Sdn. Bhd.

"Application Form" means the Sabah Net Sdn. Bhd. BizAd Application Form completed by the Advertiser which forms part of this Agreement.

"Fees" means the fees payable for the BizAd Service as prescribed by Sabah Net Sdn. Bhd. from time to time.

"Provider" means Sabah Net Sdn. Bhd. - the BizAd Service Provider.

"BizAd Service" means the BizAd Service as stated in the Application Form, which are subscribed by the Advertiser.

"Advertiser" means the person or entity that is subscribing to the BizAd Service.

"Sabah.Net" means the website(s) where the BizAd resides.

The Provider agrees to provide and the Advertiser agrees to buy the BizAd Service subject to the terms and conditions herein contained:

1. Agreement
This Agreement must be submitted to the Provider seven (7) days prior to publication date. By submitting BizAd for inclusion on a Sabah.Net site, the Advertiser acknowledge that he or she has read and agrees to be bound by all the terms and conditions of this Agreement and any pertinent rules that are or may be stipulated by the Provider from time to time. No conditions other than those set forth herein shall be binding on the Provider unless specifically agreed to in writing by the Provider. The Provider will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Advertiser.
 
2. Statement of Work
The Provider shall provide the Advertiser with a space to host his/her advertisement on applicable Sabah.Net sites in return for payment of fees (where applicable), subject to the terms and conditions agreed by both parties.
 
3. Application and Agreement of Service
Application for subscription must be submitted using the prescribed BizAd Application Form via online registration service which can be found at http://www.sabah.com.my/bizad. The Advertiser must also accept the terms and condition as specified from time to time.
 
4. Commencement of Service
The BizAd Service shall commence and this Agreement shall be effective upon approval by the Provider and upon the Advertiser accepting the terms and conditions stated herein.
 
5. Advertiser's Conduct
The Provider reserve the right to verify, through any means, the BizAd submitted by the Advertiser. In addition, the Advertiser agrees not to use the BizAd service to:

5.1 Advertise materials that violate any law of Malaysia;

5.2
Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

5.3
Conduct or forward illegal contests, illegal pyramid schemes or chain letters;

5.4
Promote unethical uses, including, but not limited to, hacking, warez, gambling or promotion of gambling;

5.5 Distribute unsolicited commercial advertisements;

5.6 Publish, post, distribute, disseminate or link to any :

5.6.1
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

5.6.2
unethical materials, including but not limited to, pornography, adult-only material, obscenity or nudity;

5.6.3
software or other material protected by intellectual property laws, rights of privacy or publicity, or other proprietary rights unless the Advertiser owns, control such rights or have received all necessary consents for the use of such software and other materials;

5.6.4
Software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs);

5.7
Sell, distribute, disseminate or link to any sites for marketing, sales or distribution of : firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that the Advertiser can not legally sell, are misinterpreted or if sold by the Advertiser would cause the Provider to violate any law, statute or regulation of Malaysia;

5.8
gain access to other devices or equipment connected to the network without prior permission. Any unintentional access shall be terminated immediately and be reported to the appropriate owner of the device or equipment or to the Provider.

The Advertiser agrees that the Provider reserves the right to remove any BizAd from Sabah.Net's website, at any time, with or without notice, for any violation of the items listed above terms or elsewhere in this Agreement.

 
6. Payment

6.1 Unless otherwise agreed in writing, BizAd Fees are due in full upon the execution of this Agreement and thereafter in advance for every renewal of the BizAd Service.

6.2 The Advertiser authorises the Provider to charge all fees due to their preferred payment method as stated in the Application form.

6.3 The Advertiser shall make payment of all fees to the Provider without delay or need for demands, at such times and intervals and in accordance to the terms and conditions set out in the Application Form or as stipulated by the Provider from time to time.

6.4 If payment is not made timely, the Provider at its option, may immediately terminate the Agreement. In addition, the Advertiser shall be liable to the Provider for all attorneys' fees and other costs of collection. Interest will accrue on any past due amounts at the rate of two percent (2%) per month. The Provider shall have the right to hold the Advertiser jointly and severally liable for all amounts due.

 
7 Cash/Cheques/Money Order/Bankers' Draft
In the event that the Advertiser pays any amount due hereunder with a Cash/Cheque/Money Order/Bankers' Draft and the issuer of the Cash/Cheque/Money Order/Bankers' Draft fails to pay the amounts authorised by the Advertiser, the Advertiser shall immediately remit full payment to the Provider plus any interest due on the outstanding amounts. In addition, if the Advertiser pays any amounts due hereunder with a Cash/Cheque/Money Order/Bankers' Draft and the issuer of the cash/Cheque/Money Order/Bankers' Draft seeks to recover from the Provider any amounts received by the Provider from the issuer, the Advertiser shall immediately remit to the Provider all amounts necessary to comply with the issuer's request and any costs and expenses incurred by the Provider.
 
8 Suspension/Deactivation/Termination of BizAd Service :
The Provider reserves the right, at its sole discretion, to suspend, deactivate or to terminate the Advertiser's BizAd Service without prior notice to the Advertiser upon an indication of :

8.1 Payment problems including delinquent payments;

8.2 The Advertiser breaches or fails to comply with any terms and conditions under this Agreement;

All outstanding fees, charges, costs or other amounts in arrears, if any, shall immediately become due and payable by the Advertiser to the Provider upon termination of this agreement. Termination of this agreement shall be without prejudice to any accrued rights or liabilities of either party.
 
9. Term, Termination and Renewal of BizAd service

9.1
All orders, sales and terms are final. Once the service is ordered, there are no refunds if the BizAd service is terminated by the Advertiser before the expiration date.

9.2
The effective date for this Agreement is the date that the Provider receives the Advertiser's order(s).

9.3
The commencement date for the BizAd service is the publication date of the BizAd.

9.4
The Advertiser may terminate this Agreement and the BizAd service at any time by providing the Provider with a written notice of cancellation (in email or ordinary mail format) at least two (2) weeks prior to the BizAd service expiry date. This notice of cancellation needs to be acknowledged by the Provider. If the Advertiser fails to notify the Provider of cancellation request, the Advertiser will be responsible for the payment due for the next equivalent period.

9.5
All BizAd Service are automatically renewed for a successive equivalent term unless a written notice of cancellation is given by either party at least two (2) weeks in advance of the renewal date. If no notice of cancellation is given, all BizAd service will be automatically renewed for another term under the same terms and conditions or under new terms and conditions as stipulated by the Provider.

9.6
The Provider may immediately terminate the Advertiser's BizAd Service, at any time, with or without notice, for any violation of items listed under this Agreement or if any change occurs in any applicable laws or regulations that would, in the Provider's reasonable opinion, render the Provider's network performance hereunder illegal or otherwise subject to legal challenge.

 
10. Provision of Advertising Material.
Advertiser will provide all materials for the advertisement in accordance with the Provider's terms and conditions in effect from time to time. The Provider shall not be required to publish any advertisement that is not received in accordance with such terms and conditions.
 
11. Right to Reject Advertisement.
The Provider reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links for any reason at any time, with or without notice to the Advertiser.
 
12 Artwork Submission and Change of orders.

12.1 Advertiser's artwork
All artwork designed by the Advertiser must be received at least one (1) week prior to the publication date. The advertiser is allowed to submit two (2) different artwork for the three (3)-months and six (6)-months BizAd purchase. The advertiser is allowed to submit four (4) different artworks for the one (1)-year BizAd purchase. The new artwork must be submitted at least one (1) week prior to the publication date. Any modification to a submitted artwork will be charged at RM50 per modification and must be submitted to the Provider at least one (1) week prior to the publication date.

12.2 Provider's artwork
The Provider can design an artwork based on the information provided by the Advertiser. The Advertiser can view the artwork for three (3) times. First and second viewing allows modification to be done on the artwork while the third and final viewing of the artwork serves only to show the Advertiser the final copy of the artwork to be published in BizAd. Final viewing does not allow any further modifications. Any modification to a finalised artwork will be charged at RM 50 per modification. The advertiser is allowed to submit two (2) different artwork for the three (3)-months and six (6)-months BizAd purchase. The advertiser is allowed to submit four (4) different artworks for the one (1)-year BizAd purchase. The details of the new artwork must be submitted at least one (1) week prior to the publication date.

BizAd Banner and Button Ad specifications are accessible at URL http://www.sabah.com.my/Bizad; The Provider reserves the right to change any of its BizAd specifications and BizAd rates at any time without prior notice.

 
13. Key Words and Phrases.
The Advertiser may be given a "first right" to its exact company name and trademarks for keyword/phrase advertising. If two or more advertisers have the same name or trademark, the allocation will be on a first-come-first-serve basis and the existing contract will take precedence.
 
14. Licenses and Indemnification
The Advertiser represents that he/she is the owner or is licensed to use the entire contents and subject matter contained in his/her advertisement and collateral information, including, without limitation,

(a) the names and/or pictures of persons;
(b) any copyrighted material, trademarks, service marks, logos and/or depictions of trademarked or service marked goods or services; and
(c) any testimonials or endorsements contained in any advertisement submitted to the Provider.

In consideration of the Provider's acceptance of such advertisements and information for publication, the Advertiser will severally indemnify and hold the Provider harmless against any and all losses of any kind (including reasonable legal fees) incurred by the Provider in connection with any claims or criminal investigations of any kind arising out of publication of the advertisement and/or any material of the Advertiser to which users can link through the advertisement (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices).

 
15. Disclaimer and Limitation of Liability
The Provider shall not be liable for any errors in content or omissions. Should an error appear in an advertisement, the sole liability of the Provider to the Advertiser shall be limited to, at the Provider's sole discretion, a pro rata refund of the advertising fee.

The Provider will not be liable for any delays in delivery and/or non-delivery in the event of an act of God, action by any government entity, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, transportation interruption of any kind, network difficulties, electronic malfunction or any other condition beyond the control of the Provider affecting the production or delivery in any manner.

UNDER NO CIRCUMSTANCES WILL the provider BE LIABLE FOR ANY SPECIALISM INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, BUSINESS INTERUPTION, LOSS OF PROGRAMS OR INFORMATION AND THE LIKE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE BIZAD SERVICE OR ANY DELAY OF ANY INFROMATION OR SERVICE IN ANY WAY ARISING OUT OF OR RELATED TO THE BIZAD SERCVICE, EVEN IF the provider HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 
16. Dispute Fees
In the event it is necessary to refer any dispute to an attorney, a collection agency, resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed.
 
17. Choice of Law and Forum
This Agreement shall :

17.1
be interpreted and construed in accordance with the laws of Malaysia, without regard to its conflicts of law provision;

17.2
be amended only by a written agreement executed by an authorised representative of each party;

17.3
constitute the complete and entire expression of the agreement between the Advertiser and the Provider and shall supersede any and all other agreements, whether written or oral, between the Advertiser and the Provider;

Both parties hereby consent to the jurisdiction of the courts of Malaysia, with respect to any legal proceeding arising in connection with this Agreement.
 
18. Miscellaneous
No public statements concerning the existence or terms and conditions of this Agreement will be made or released to any medium except with the prior approval of both parties or as required by law. This Agreement cannot be sold, assigned or transferred by the Advertiser to any party. If any portion of this Agreement is found unenforceable for any reason, the remainder will remain in full force and effect. No waiver by the Provider shall operates as a waiver of any other provision or any subsequent of the parties; the Provider will not be bound by the representations of any agents, brokers, or other third parties. Any modifications must be in writing and signed by an authorised representative of the Provider.
 
19. Governing Law
This agreement shall be governed and construed in accordance with the laws of Malaysia.
 
20. Version
This is BizAd Agreement Version Number 1.0. The Provider reserves the right to change, amend, revise or update this Agreement at any time without prior notice.
 
 
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