The agreement below is a legal agreement between BUKAKEDAI and all of our customers. If you use any service provided by BUKAKEDAI, you are legally bound by this agreement. Read them carefully as they contain important information regarding your rights and ours.
THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you or together with any company or other business entity you are representing, if any (collectively, “Customer”) and BUKAKEDAI (“Bukakedai.my”). As referred to in this Agreement, “Website” refers to website located at the URL http://www.bukakedai.my or any other successor Website owned or maintained by Bukakedai. WHEREAS, BUKAKEDAI provide various type of services or product (collectively, “Services”). WHEREAS, Customer desire to use some or all of the Services. NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. BUKAKEDAI SERVICES
BUKAKEDAI agrees to provide to Customer the Services agreed upon between BUKAKEDAI and Customer as selected by Customer in BUKAKEDAI ‘s customer database that is specified at BUKAKEDAI Sites.
2. PAYMENT, INVOICING AND REFUND
2.1 Customer shall pay BUKAKEDAI fee and payment period is based on the selected service or product that shows on BUKAKEDAI’s website and agreed by Customer during the purchase of the service or product.
2.2 Customer shall receive a confirmation e-mail at the time Customer contracts for the Services, which shall confirm the fees payable to BUKAKEDAI. Thereafter, Customer shall receive a billing statement based on the selected payment period.
2.3 Current rates for using the Services may be obtained on our web website at www.Bukakedai.my. BUKAKEDAI reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time. If BUKAKEDAI does not receive the full amount of Customer’s Service account balance within thirty (30) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to Customer’s bill and shall be due and payable. Customer shall also be responsible for all attorney and collection fees arising from BUKAKEDAI’s efforts to collect any unpaid balance of Customer’s account(s), and BUKAKEDAI may terminate Customer’s account immediately without further notice to Customer.
2.5.1 Domain registration/transferring/renewal services is not refundable once sold
2.5.2 All design services such as banner / header, website layout design are eligible to money back guarantee during designing process, means if Customer are not satisfy after 5 revisions, they are entitled to get refund after deducting domain fee (if applicable any). However, once the design / layout has been confirmed and it has been setup in website, there will be no money back guarantee applicable on this state.
2.5.3. Ecommerce package is not refundable once sold.
2.5.4. Product or services that are not mentioning in above are not refundable once sold.
3. RESPONSIBILITIES AND RIGHTS OF BUKAKEDAI
3.1 BUKAKEDAI shall provide Customer with hosting services, as described at www.bukakedai.my. BUKAKEDAI has the right to control on the host services.
3.2 BUKAKEDAI shall provide a reasonable level of technical support to Customer via email or Web page for the term of this Agreement.
4. RESPONSIBILITIES AND RIGHTS OF CUSTOMER
4.1 Customer represents and warrants that
(i) Customer is at least eighteen (18) years of age,
(ii) Customer possesses the legal right and ability to enter into this Agreement, and
(iii) the performance of Customer’s obligations and use of the Services by Customer, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties. Customer assumes all risks related to processing of transactions related to electronic commerce. Customer agrees to provide BUKAKEDAI with complete, accurate and updated information required by the registration of the BUKAKEDAI service, including Customer’s legal name, address, telephone number, and applicable payment data. Customer agrees to notify BUKAKEDAI within thirty (30) days of any changes in Customer’s Registration Data.
4.2 In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, BUKAKEDAI will have the right to suspend or terminate immediately any Services.
4.3 Customer shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Customer and a third-party domain name registrar.
4.4 Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, Customer agrees to be bound by the terms and end user licenses regarding the applicable third-party software. Customer also agrees that all reference to “BUKAKEDAI” within this Agreement and any incorporated terms are also deemed to include, where applicable, BUKAKEDAI’s agents, such as the third party service providers.
4.5 Customer may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the BUKAKEDAI Customers or other Internet users unless Customer receives the express permission of such individuals. Customer may not use the means of unsolicited advertising to advertise a website hosted on the BUKAKEDAI network. Customer may not use the Services to collect user-names of BUKAKEDAI’s Customers or other Internet users without the expressed prior permission of the member. BUKAKEDAI reserves the right to block or filter mass email solicitations sent from website hosted on the BUKAKEDAI network.
4.6 Customer shall be solely responsible for all content available on its website, and shall at all times be subject to the terms of this Agreement, BUKAKEDAI’s then-standard Terms of Service (“TOS”) and any generally applicable guidelines and service standards published by BUKAKEDAI. Customer warrants that its website hosted on the BUKAKEDAI network (i) will conform to the BUKAKEDAI TOS attached as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. BUKAKEDAI shall have no obligations with respect to the content available on any website hosted on the BUKAKEDAI network, including, but not limited to, any duty to review or monitor any such content. BUKAKEDAI reserves the right to block any website that violates any of the above-stated terms, BUKAKEDAI deems objectionable or offensive, or otherwise violates a law or BUKAKEDAI policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein.
4.7 Compliance Laws. Customer agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. Customer will comply at all times with all applicable laws and regulations and the TOS, as updated by BUKAKEDAI from time to time. The TOS are incorporated herein and made a part hereof by this reference. BUKAKEDAI may change the TOS, without notice, which notice may be provided by posting such new TOS at the BUKAKEDAI Website. Customer may check the current copy of the TOS online via BUKAKEDAI website. Customer agrees that it has read and understands the current version of the TOS.
4.8 Marketing Rights. Customer agrees that BUKAKEDAI may refer to Customer, or Customer’s business in BUKAKEDAI marketing materials, the BUKAKEDAI website, and communication to BUKAKEDAI’s current and prospective Customers. Customer grants BUKAKEDAI a limited license and permission to use any Customer trade name and/or trademark for such, and only for such, purposes.
5. LIMITATION OF LIABILITY, NO OTHER WARRANTY AND DISCLAIMER
5.1 In the event that any limited guarantees are provided by BUKAKEDAI, such limited guarantees are void if Customer fails to follow BUKAKEDAI’s TOS and other policies or breaches this Agreement in any respect.
5.2 BUKAKEDAI does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at Customer’s own risk. The Services are provided on an “as is” basis, and Customer’s use of the Services is at its own risk. BUKAKEDAI does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
Customer agrees to indemnify, defend and hold BUKAKEDAI and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys’ fees, made by any person arising out of Customer’s violation of this Agreement, State or Federal Securities laws or regulations, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will BUKAKEDAI or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.
In no event will BUKAKEDAI or its third party service providers be liable to Customer or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by BUKAKEDAI. BUKAKEDAI and its third party service providers will under no circumstances be liable to Customer and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if BUKAKEDAI or its third party service providers has been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user date, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. Customer agrees that Customer will not in any way hold BUKAKEDAI responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Customer Services.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to Customer, and the respective liability of BUKAKEDAI and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Customer’s remedies under this Agreement fail, then Customer expressly agrees that under no circumstances will the total, aggregate liability of BUKAKEDAI and its third party service providers, employees, distributors, agents or affiliates, to Customer or any party claiming by or through Customer for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
7.1 This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days’ prior written notice of termination. No matter which party terminates the Agreement pursuant to this Section 7.1, any and all payment obligations of Customer under this Agreement for Service(s) provided through the date of termination will immediately become due, and Customer shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.
7.2 In addition to any other rights it may have under this Agreement or applicable law, BUKAKEDAI may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) Customer’s breach or failure to comply with the TOS or other policies of BUKAKEDAI. Customer may terminate this Agreement if BUKAKEDAI breaches any material term or written notice of same. If this Agreement is terminated by BUKAKEDAI under this Section 7.2, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, BUKAKEDAI reserves the right to prohibit any conduct or to remove any materials or content in violation of the TOS or which BUKAKEDAI believes in its sole discretion to be illegal or potentially harmful to others or may expose BUKAKEDAI to harm or liability.
7.3 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Agreement in accordance with its terms.
7.4 Survival. The following provisions will survive any expiration or termination of the Agreement: Section 4, 5, 6, 7, and 8.
7.5 IP Address. Upon expiration, cancellation or termination of this Agreement, Customer shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to Customer by BUKAKEDAI or its network services supplier (but not the URL or top level domain connected therewith). BUKAKEDAI reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.
8.1 Assignment. Customer may not assign this Agreement or any of Customer’s rights or obligations hereunder without the prior written consent of BUKAKEDAI, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties’ respective successors and permitted assigns.
8.2 Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
to Bukakedai .my :
Encelabs Sdn BHd
Unit 1-2-1, Mayang Mall Complex,
Jalan Mayang Pasir 1
If to Customer:
To Customer address provided at account set-up.
8.3 Governing Law. This Agreement, and all future agreements Customer may enter into with BUKAKEDAI, unless otherwise indicated on such other agreement, will be governed by the laws of the Malaysia, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with BUKAKEDAI in Malaysia or elsewhere. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This Agreement and BUKAKEDAI policies are subject to change by BUKAKEDAI without notice. Continued usage of the Services after a change to this Agreement by BUKAKEDAI or after a new policy is implemented and posted on the BUKAKEDAI Website constitutes your acceptance of such change or policy. We encourage you to regularly check the BUKAKEDAI Website for any changes or additions.
8.4 Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
8.5 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
8.6 Severability. In the event any one or more of the provisions of the Agreement or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
8.7 Force Majeure. BUKAKEDAI and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.
8.8 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
8.9 Terms of Services. Customer agrees to be bound by BUKAKEDAI’s TOS for all Services and products used by Customer. The current TOS can be found on BUKAKEDAI’s website at www.Bukakedai.my. Should Customer disagree with any updates to BUKAKEDAI’s TOS, it is Customer’s responsibility to notify BUKAKEDAI of Customer’s desire to terminate their Services immediately.
8.10 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND BUKAKEDAI’S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CUSTOMER AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREMEENT AND THE TOS.
CUSTOMER’S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 7 HEREIN.
8.11 Entire Agreement. This Agreement, and the exhibits reference herein, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.
8.12 No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.
Exhibit A: BUKAKEDAI Terms of Service (TOS)
BUKAKEDAI’s current Terms of Service are available at the following URL:
Any questions concerning this Agreement may be directed by e-mail to email@example.com .