mobileExec Enterprise - Prepaid User

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mobileExec User Agreement

mobileExec User Agreement (registration)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU SIGN UP FOR THE SERVICE. BY INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREOF, YOU ARE DEEMED TO ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL THE FOLLOWING TERMS AND CONDITIONS FOR THE USE OF SERVICE PROVIDED BY QUICKNET COM SDN. BHD. (�QuickNet�) WHICH IS INVOLVED IN THE PROVISION OF APPLICATION PRODUCTS AND SERVICES. QUICKNET RESERVES THE RIGHT TO UPDATE OR REVISE THE TERMS AND CONDITIONS FROM TIME TO TIME. NOTICE OF AMENDMENT MAY BE GIVEN BY QUICKNET TO THE CUSTOMER IN SUCH A MANNER AS QUICKNET DEEMS APPROPRIATE. CONTINUATION IN THE ACCESS OR USE OF THE SERVICE SIGNIFIES ACCEPTANCE OF THE CHANGES TO THE TERMS AND CONDITIONS WITH REGARD TO THE SERVICE.

1. 	The Service & Agreement
1.1	QuickNet Com (M) Sdn. Bhd. (hereinafter referred to as "QuickNet") is a company which is involved, amongst others in the provision of mobile messaging products and services is desirous at the request of the Subscriber to provide to the Subscriber, mobileExec Service, which will allow the Subscriber the access to mobileExec services on the terms and conditions set forth herein, as may be amended from time to time by QuickNet (hereinafter referred to as "the Service").
1.2	This Agreement is made between QuickNet established at 4th Floor Wisma R.A., 12 Jalan Dang Wangi, 50150 Kuala Lumpur, Malaysia and the Applicant (hereinafter  referred to as �the Subscriber�. The Subscriber under this Agreement shall mean a natural person other than a minor and shall include employees, servants and agents of any company, corporate body, partnership, associations, company, government and/or non-government organization whose application to enter into this Agreement is accepted by QuickNet and shall include his successors and permitted assigns and is synonymous with the term "Subscriber" or "Applicant" wherever used in other correspondence or documents. �Service� means the application service to be provided by QuickNet under its mobileExec portal which is located at http://www.mobileexec.net.
1.3	"Application Form" means the application form to which these terms and conditions are attached requesting particulars from an applicant offering to become a Subscriber and furnishing the correct, accurate and genuine information. Such application form and these terms and conditions shall form the Agreement.
1.4	�Enterprise Account� means the account maintained on the Subscriber�s behalf by mobileExec which records the unused portions of SMS credits purchased by the Subscriber from mobileExec.
1.5	�Top-up� means a prepaid voucher sold by QuickNet to the Subscriber which caries unused credits.
1.6	�Login� means the action of accessing the service under the mobileExec portal.
1.7	�Account Expiry� means the last day of the service provided to the Subscriber by QuickNet. 
1.8	The Agreement between the Subscriber and QuickNet shall be in force from the date of activation of the service and such acceptance shall be at QuickNet�s absolute discretion and shall continue unless terminated in accordance with these terms and conditions.  QuickNet reserves the right to refuse any application for service without providing any reason whatsoever.

2. 	Subscriber�s Responsibility
2.1	The Subscriber shall not use the Service to send unsolicited or unwelcome mail messages; for any purpose which is against public interest, public order or national harmony; to publish defamatory, obscene or other unlawful material; in connection with the infringement of any copyright, patent, trademark, trade secret or other proprietary rights of any third Party or rights of privacy; interfere with, damage, disrupt or unlawfully gain access to any service, equipment or computer network.
2.2	The Subscriber hereby indemnifies and shall keep indemnified QuickNet from any loss, damage, liability or expenses arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Service and from all other claims arising out of any act or omission of the Subscriber or any unauthorized use or exploitation of the Service.
2.3	The Subscriber shall, at its own cost acquire, install, setup and connect to the Internet or any network in order to access the Services. The Subscriber shall not resell or sublicense the Service to any third parties without the prior written consent from QuickNet; The Subscriber shall be responsible for obtaining, at his own cost, all licenses, permits, consents, approvals, and intellectual property or other rights as may be required for using the Service; The Subscriber shall be responsible for all information retrieved, stored and transmitted by the Subscriber through the use of the Service.
2.4	it has the corporate power to enter into and perform its obligations under this Agreement, to carry out the transactions contemplated by this Agreement and to conduct its business;
2.5	this agreement is a legal, valid and binding obligation enforceable against the Subscriber in accordance with its terms;
2.6	at the time of execution neither the execution nor performance of this Agreement will violate in any respect any provision of: -
i.	its Memorandum of Association & Articles of Association; and
ii.	any other document or agreement which is binding upon it; 
2.7	there are no litigation, arbitration, tax claim disputes or administrative proceeding presently current or pending or, to its knowledge threatened, which is likely to have a material adverse effect upon it or its ability to perform its obligations under this Agreement;
2.8	The Subscriber shall not alter, adopt, create derivative works based on, translate modify, reproduce (including making duplicates thereof) or in any other way deal with or handle the Service save and except to use the Service in the manner prescribed by QuickNet;
2.9	The Subscriber shall take all precautions in dealing with the Service (including all hardware therein) and with any information, documents, manuals, technical specifications, functional specifications demonstration and other tapes and all other papers provided by QuickNet so as to prevent any unauthorised person from having access to the said documents, manuals, paper and software copyright rights as well as other intellectual property rights accorded to QuickNet;
2.10	The Subscriber shall not electronically transfer the Service in whole or in part from one computer to another over a network;
2.11	The Subscriber shall not obscure, remove or alter any of the trademarks, trade names, logos, patent or copyright notices or markings to the Service.
2.12	The Subscriber shall not reverse engineer, decompile or disassemble any component of the Service or otherwise obtain or attempt to obtain the source code for the Service.
2.13	Subject to the provisions on confidentiality under clause 3 forthwith following the conception, origination or making of Creative Result, QuickNet shall be proprietor of the entire right title and interest in and to any Creative Result conceived originated or made by QuickNet during and after the course of the provision of the Service and that QuickNet will be free to assign such Creative Result to the persons or bodies nominated by QuickNet.

3. 	Confidentiality 
3.1	Both the Subscriber and QuickNet hereto undertakes with each other that, save as required by law or by any governmental or regulatory authority or agency, or in the course of any legal proceedings, it shall not at any time hereafter, except as expressly provided in this contract, without the written consent of the other Party use or divulge or communicate to any person in any manner whatsoever any information contained in this contract.

4.	Protection of IPR
4.1.	The copyright and all other intellectual property rights of whatever nature in the Service and in all other specifications and documentations relating to the Service shall be shall remain vested in QuickNet absolutely.
4.2.	QuickNet hereby grants to the Subscriber with effect from the Service activation date a non-exclusive and non-transferable license to use the Service for its own internal business purposes but for no other purposes whatsoever.
4.3.	The Subscriber shall not without the prior written consent of QuickNet to disclose any part of the information and documentations relating to the Service to any person provided the Subscriber shall undertakes to ensure that the person or bodies who having right a right, duty or obligation to know such information and documentations owed a duty of confidence to QuickNet
4.4.	The Subscriber shall promptly notify QuickNet if it becomes aware of any breach of confidence by any person to whom the Subscriber divulges all or any part of the information and shall give QuickNet all reasonable assistant in connection with any proceedings that QuickNet may institute against such person breach of confidence

5.	Payment
5.1.	Upon submission of this application form and acceptance of application, the Subscriber shall pay to QuickNet payments as stated in the application form.
5.2.	Any refundable deposit shall be held to the Subscriber's credit and repaid to the Subscriber without interest (subject to prevailing laws) after termination of the Agreement, and subject to deduction of
any amount due to QuickNet by the Subscriber.
5.3.	QuickNet shall be entitled at any time to vary the amount deposit, fees, charges for the Service by notice to the Subscriber.
5.4.	The Subscriber agrees to bear all legal costs and expenses incurred by QuickNet in recovering any moneys, charges, costs, and expenses payable by the Subscriber under these terms and conditions, and the Subscriber also indemnifies QuickNet against all costs, expenses, and charges or legal fees incurred by QuickNet in enforcing these terms and conditions or in bringing any action or proceeding to recover all charges, costs, and expenses payable by the Subscriber.
5.5.	Subscription charges and/or SMS credits the in the Enterprise Account are not redeemable for cash.

6.	Service Activation, Acceptance & Duration
6.1.	The QuickNet shall commission the Service at http://www.mobileexec.net. Acceptance of the Service by the Subscriber shall be on the date that QuickNet has successfully completed the account activation. Customer shall be deemed to have accepted the Service upon the completion of the service activation. 
6.2.	Account expiry is one hundred and eighty (180) days after the last login. All balance SMS credits will be forfeited after account expiry.
6.3.	The Subscriber is entitled to use the service to the value of the SMS credit in the Subscriber�s Enterprise Account anytime during the service period provided that there are sufficient SMS credits under the Enterprise Account.
6.4.	The Enterprise Account credit balance may be topped up anytime. 
6.5.	mobileExec will debit the SMS credits by an amount equal to the value of the service used by the Subscriber from time to time. mobileExec may at its absolute discretion determine the basis upon it will charge for the service and debit the Enterprise Account accordingly.
6.6.	SMS credits in the Enterprise Account are not redeemable for cash. 
6.7.	QuickNet may from time to time and at its absolute discretion and without prior notice change, add or modify the range of services permitted, pricing options available and the length of the service period.

7.	Suspension and Termination
7.1.	QuickNet shall be entitled at its absolute discretion to suspend/terminate the Service without notice or compensation to the Subscriber:
i.	if any technical failure occurs in the Service.
ii.	while the service is being upgraded, modified or maintained.
iii.	if the Subscriber breach any of these Terms and Conditions. 
iv.	if the Subscriber does anything which may in the opinion of QuickNet, lead to the damage or injury to the Service.
v.	if its is in QuickNet�s opinion that the Service is or may be used fraudulently or for unlawful purpose. 
QuickNet will endeavour to resume the service as soon as possible if suspension occurs for the reasons set out in Clause 7.1(i) and 7.1(ii) above.
7.2	Notwithstanding the matters stated aforesaid, Quicknet shall be entitled by notice in writing to forthwith terminate this Agreement in the event -
i.	a bankruptcy notice is served on the Subscriber or winding-up petition is presented against the Subscriber or the Subscriber enters into liquidation whether voluntary or compulsory or a resolution is passed for the winding-up of the Subscriber or the Subscriber is adjudicated bankrupt or enter into any composition or arrangement with or for the benefit of the creditors of the Subscriber; or 
ii.	the Subscriber is in breach, fails or refuses to observe or perform any of its obligations under this Agreement or refuses to rectify the same after a written notice has been delivered by the Subscriber requiring the rectification of the said breach of this Agreement to be effected within twenty one (21) Working Days from the date thereof; or
iii.	the Subscriber ceases to carry on business for any reason whatsoever; or
iv.	if a receiver, liquidator, trustee, judicial manager or similar office is appointed in respect of the Subscriber.
v.	directive or regulation expressing prohibiting the Subscriber hereto from performing its obligations under this Agreement.

8.	QuickNet Rights
8.1.	QuickNet reserves the right to make any alteration to the Service, or any part thereof, or suspend the Service or any part thereof and QuickNet shall not be liable for any loss or inconvenience to the subscriber resulting therefrom.
8.2.	QuickNet reserves the right, from time to time, to vary, add to or amend the terms and conditions herein set out. 
8.3.	QuickNet reserves the right to disclose the Subscriber�s particulars and to share it�s database and all other data with regulatory bodies or other authorities in compliance with requirements under law or towards the detection or prevention of crime.
8.4.	QuickNet shall have no liability to the Subscriber under this Agreement or otherwise for any claim or action alleging infringement-based upon:�
i.	any use or misuse of the Service by the Subscriber in a manner not contemplated under this Agreement;
ii.	any combination of the Service in any manner whatsoever by the Subscriber with other products, hardware equipment, devices, software, systems or data not compatible for the use with the Service(including, without limitation, any software produced by the Subscriber for use with the Service) to the extent such claim is directed against such combination; 
iii.	any modifications or customisation of the Service carried out without QuickNet�s knowledge or consent;
8.5.	QuickNet does not warrant the Service will meet any other requirements or needs the Subscriber may have. The availability of the Service depends on many factors, including the Subscriber�s connection to the Internet, the availability of the Internet and the Mobile Operator and the Internet backbone, and equipment that, by its nature, is not fault tolerant.

9.	Failure of Service
9.1.	The QuickNet is entitled to commence the charge for the product or service from the activation date specified in the application form. Under no circumstances shall the QuickNet be liable to compensate the Subscriber in damages or otherwise for late delivery of any service for whatever reason or for any consequential loss or otherwise arising therefrom. 
9.2.	The performance of this contract is subject to strikes, lockouts, war, riots, explosions, fire, flood or any cause beyond the QuickNet�s control. In such an event, the QuickNet� may vary, suspend or cancel the contract and shall not be liable for the loss of or damage to materials supplied and consequences of loss in the service provided agreed upon in this contract.

10.	Governing Law and Arbitration
10.1.	This Agreement is deemed to be an agreement made in Malaysia and shall be subject to and governed by and interpreted in accordance with the laws of Malaysia. The Parties submit to the exclusive jurisdiction of the Courts of Malaysia.
10.2.	In the event of any controversy or claim arising out of or relating to this Agreement, the parties will use reasonable efforts to negotiate a resolution of any such controversy or claim amicably between them.

11.	Entire Contract
11.1.	This Contract constitutes the entire agreement relating to the Service and supersedes all previous communications, proposals and agreements whether oral or written in respect thereof.  No waiver, alteration, amendment or modification of any of the provisions hereof will be binding unless in writing and signed by a duly authorized representative of the party to be bound. Such amendments shall be read and construed as part of this Contract.
11.2.	The provisions of this Agreement are solely for the benefit of the Parties. No other parties, including the Customer�s Associated Companies, invitees, members of the general public and other third parties are intended to have nor shall have any rights whatsoever under this Agreement whether for injury, loss or damage to persons or property or for economic loss, damage or injury or otherwise. This Agreement is not intended to create a joint venture or partnership between the Parties and neither Party is authorized to act as the agent of the other.

12.	Limit and Liability
12.1.	QuickNet shall not be liable to any Subscriber, or any third party authorized by or claiming through a Subscriber for any loss or damage, whether direct, indirect, special or consequential, or loss of business, revenue or profits or of any nature suffered by any Subscriber, or any person authorized by any Subscriber, or any injury caused to or suffered by a person or damage to property arising from or occasioned by:
i.	the use by the Subscriber or any persons authorized by the Subscriber of the Service.
ii.	any malfunction or defect of the Service for whatever reason. QuickNet�s liability shall not exceed the charge of the service for the contracted period.
12.2.	The Subscriber shall indemnify the QuickNet against all actions, costs, claims and demands in respect of any infringement of copyright, trademark, patent or other rights whatsoever arising out of or in connection with the publication of the Subscriber�s information.

13.	Force Majeure
13.1.	QuickNet shall not be liable for any breach of this Agreement caused by Acts of God, insurrection of civil disorder, war, or military operations, national or local emergency, acts or omissions of Government, highway authorities or other competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom QuickNet is not responsible which includes but is not limited to, third Party operators whom QuickNet may use in order to provide the QuickNet Services, or any other cause whether similar or dissimilar or outside QuickNet reasonable control (�Force Majeure�).
13.2.	Upon the happening of a Force Majeure event, QuickNet may elect to terminate this Agreement; or suspend the performance of this Agreement in whole or in part for the duration of the Force Majeure event.

14.	Severability
14.1.	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 or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

15.	Disclaimer
15.1	The Service is provided on an "as is" basis. QuickNet makes no warranty of any kind, either expressed or implied, including, but not limited to, warranties of accuracy and expressly disclaims all implied warranties, including, but not limited to warranties of merchantability or fitness for a particular purpose.

16.	Indemnity
16.1.	The Subscriber shall indemnify QuickNet against all costs, claims, demands, expenses and liabilities arising out of or in connection with any claim that the use by QuickNet of any information or material supplied by the Subscriber for the purpose of enabling QuickNet to provide Service infringes any third party intellectual property rights

17.	Time
17.1 	Time wherever mentioned shall be of the essence.

18.	Warranty
18.1	Except as otherwise specifically provided in this agreement, the foregoing warranties are the only warranties given by QuickNet and all other warranties or conditions, whether express or implied by statute or otherwise, are specifically excluded by the parties to the extent permitted by applicable law, included without limitation, implied warranties of merchantability or fitness for a particular purpose.  Under no circumstances shall the subscriber be entitled to recover from QuickNet any consequential, incidental, special or punitive damages, whether in contract or in tort, including negligence, even if QuickNet has been advised of the possibility of such damages. Each party acknowledges that the foregoing waiver serves as a material inducement for it to enter into this agreement. The maximum amount of QuickNet�s liability pursuant to this agreement shall be the amounts paid, payable, or to become payable by the subscriber to QuickNet pursuant to this agreement.

I have read and accept the above terms and conditions.