1 Payment Term
1.1 The parties hereby agree that [Shop Hubby Merchant] shall pay to the Company the sum of Ringgit Malaysia Nine Hundred (RM900.00) only, exclusive of any Applicable Taxes which shall be borne by [Shop Hubby Merchant], (“the Fee”) for the Term within seven (7) days upon receiving email notification from the Company notifying the successful registration of its Shop Hubby Official Account, failing which the Company shall forthwith be entitled to suspend the Shop Hubby Official Account or terminate this Agreement whichever applicable. The Fee paid shall be dealt with in the following manner –
(a) Ringgit Malaysia Three Hundred (RM300.00) only being the non-refundable deposit and shall be paid to the Company (“Deposit”); and
(b) Ringgit Malaysia Six Hundred (RM600.00) only being the balance payment of the Fee and shall be credited to [Shop Hubby Merchant]’s Shop Hubby Official Account and such amount shall be deducted monthly for twelve (12) months on credit basis (“Balance Fee”);
both the Deposit and the Balance Fee shall constitute the Fee.
1.2 In the event the Company elects to suspend Shop Hubby Official Account pending the payment of the Fee from [Shop Hubby Merchant], [Shop Hubby Merchant] shall not be able to use Shop Hubby Official Account to advertise their products and/or services until any such outstanding sum owing to the Company has been fully settled by [Shop Hubby Merchant]. In the event [Shop Hubby Merchant] fails to settle any outstanding sum for a period of another seven (7) days from the expiry of the said period as stated under Clause 5.1 herein, the Company is entitled to terminate this Agreement in accordance with the provisions herein. The Company shall not be responsible for any loss of data as result of such termination or suspension of Shop Hubby Official Account provided to [Shop Hubby Merchant].
1.3 [Shop Hubby Merchant] hereby agrees that the Fee shall be paid as one-off payment and [Shop Hubby Merchant] shall only be able to upload the relevant information, description and/or images for the products and/or services intended to be advertised via Shop Hubby Website and Shop Hubby Mobile Application upon receipt of the payment of the Fee from [Shop Hubby Merchant] by the Company. The Fee shall be paid by way of payment gateway specified by the Company at Shop Hubby Official Account.
1.4 The Company hereby reserves its rights to revise its charges of the Permitted Use provided at any time it deems fit and the Company shall inform [Shop Hubby Merchant] of the same by giving one (1) month’s prior written notice to [Shop Hubby Merchant]. In the event the Company does not accept such revised Fee, it shall promptly notify the Company accordingly and immediately cease to use Shop Hubby Website and Shop Hubby Mobile Application. Notwithstanding the foregoing, the Company shall not make any refund of the Fee paid to [Shop Hubby Merchant] save and unless as provided under this Agreement.
2 Default and Termination
This Agreement shall continue in full force and effect until and unless otherwise terminated by either party in accordance with this Agreement.
In the event that the party (“Defaulting Party”) –
(a) commits any material breach of any of its obligations, warranties and representations under this Agreement and fails to take appropriate steps to remedy such breach (if capable of remedy) within sixty (60) days after being given notice to do so by any other party;
(b) goes into liquidation, whether compulsory or voluntary;
(c) has an administrator or receiver or receiver and manager appointed over any part of the assets or undertaking of that Defaulting Party;
(d) becomes bankrupt or insolvent or is unable to pay its debts or admits in writing its inability to pay its debts as they fall due or enters into any composition or arrangement with its creditors or makes a general assignment for the benefit of its creditors,
(e) any breach on payment of the Fee as per this Agreement; or
(f) for any reason whatsoever deemed not in the best commercial interest by the Company, the Company shall then be given an option to terminate this Agreement, and/or restrict [Shop Hubby Merchant]’s access and use of Shop Hubby Website and Shop Hubby Mobile Application and/or decline to provide any Permitted Use to [Shop Hubby Merchant];
then and in any such event (“Event of Default”) the other Party (“the Non-Defaulting Party”) shall be entitled (but shall not be obliged) to give notice in writing to terminate this Agreement to the Defaulting Party within thirty (14) days from the date of which the Non-Defaulting Party becomes aware of the occurrence of the Event of Default.
2.3 Obligations after termination
Upon termination of this Agreement, the following provisions shall apply –
(a) [Shop Hubby Merchant] hereby agrees that the Deposit for any reasons whatsoever is non-refundable. The Balance Fee shall only be refunded to [Shop Hubby Merchant] on pro-rata basis in the event the Defaulting Party is the Company; and
(b) the termination of this Agreement shall not excuse any Party from a default under this Agreement or affect any obligation surviving the termination of this Agreement.