TERMS & CONDITIONS (RESELLER)

INTRODUCTION

A Reseller is a company or individual who wishes to partner with CheQQme for the purposes of resale to customers.

1. Object

By accepting these Particular Conditions of Contract, the company or individual (hereinafter, the “Reseller”) wish to contract the services described in the paragraph below, offered by the company ZA Solutions Sdn Bhd (hereinafter, the “Company”), located on No. 1-10, Jalan Merbah 4, Bandar Puchong Jaya, 47170 Puchong, Selangor, Malaysia with Business Registration No. 916654-U, in exchange for the scheduled payment described in Clause 6 of this agreement. Contact information of the Company: Address: No. 1-10, Jalan Merbah 4, Bandar Puchong Jaya, 47170 Puchong, Selangor, Malaysia. Email: joey@cheqqme.com Description of the contracted services (hereinafter, the “Services”): The Reseller contracts a complete service for the marketing, promotion and resale of applications for mobile phones and other mobile devices (hereinafter, the “Applications”). The Company will provide the necessary information, marketing support and technical support for the Reseller to get merchants (hereinafter, the “Customers”) on board to CheQQme (hereinafter, the “Platform”) or develop Applications for enterprises. Applications will be designed by the Company at its discretion and using its own contents: text, images, logos, brands, videos, graphics, etc. (hereinafter, the “Contents”) unless otherwise requested by the Reseller’s customers. The Company will maintain at all times the control and administration of its own Applications, having the faculty to introduce all the changes and adjustments admitted by the Platform, and controlling at all time the availability of the Applications in “App Store” and “Google Play” (hereinafter, the “Distribution Platforms”).

2. Resellers

The contracting of the Services is only open to legal entities, acting through their legal representatives or managers, and to individuals carrying out a commercial activity.

3. Reseller Statement

This document constitutes a legally binding agreement between you (the “Reseller”) and the Company. The clauses contained in this agreement will rule from now on your relationship with the Company in all matters concerning the Services that you are about to contract. As a Reseller that accesses the Site (www.cheqqme.com) with the aim of contracting the Services, you explicitly declare that:
  • You have the capacity to subscribe this agreement according to the applicable legislation of your country.
  • You are aware that the whole contracting process will take place with immediate effect once you have signed up the Reseller Sign-Up Form with the Company. This means that once the Reseller Sign-Up Form is filled in and submitted online or physically, and the contracting process is over, you will be obliged under contract with the Company for the contracted Services.
  • All the information you will provide (personal and professional – first name, last name, ID card number, email addresses, phone numbers, company name, company registration number, data and bank account number, etc.) is truthful, current, real and accurate.
  • By agreeing to these Particular Conditions of Contract, you will still be entailed to the general clauses stated in the Terms of Use of the Site.

4. Entry into Force and Terms

This Agreement shall enter into force upon its signature by the Reseller. The contract does not set a minimum duration, and can be terminated by either party giving an appropriate notice with a minimum of thirty (30) days, or a shorter duration agreeable between Company and Reseller.

5. Deregistration Request

If a Reseller wishes to deregister from the Services will have to notify the Company (at joey@cheqqme.com) his/her/it’s clear and unambiguous will as a Reseller of the Site. In such case, the Company will proceed to deregister the Reseller within a period of thirty (30) days from the receipt of the notification. The deregistration from the Services implies:
  • The anticipated termination of this contract, being both parties exempted from their mutual obligations, except for the outstanding obligations of payment. A professional and proper handover, together with latest status update.
  • The continual binding to any signed NDA between Reseller and Company, especially in protecting the brand, insider information, corporate information, and any other related information that impact the Company and brand.

6. Price of the Services

6.1. “Resellers Packs” Pricing: Our pricing is defined in the reseller kit, which is subjected to updates from time to time. The onus will be on the Reseller to be in touch with the Company for any latest information.

7. Payment for Services

Customers may choose from one of the following forms of payment: 7.1. Package Payments Customers can subscribe the Services for a period of three (3), six (6), or twelve (12) months by paying in lump sum. For these packages, the Resellers can request Customers to pay with Credit Card or Cheque made payable to the Company’s name. Customers can choose to use Internet Banking to make payment to the Company, but proof of payment will be required to be submitted to the Company. Services will be provided once the payment amount has been paid into the Company’s account. Cash payment mode is highly discouraged, and Company reserve the rights to reject any cash payment under certain circumstances. 7.2. Adjusted Payment for Specific Services Any Reseller who decides to contract a specific Services upon request, adjusted to his/her/it’s Customer’s particular circumstances and needs, will have the options to request for a quote. The Company will send a quotation to the Reseller, and the Reseller will have the option of contracting the Services by getting the Customer to pay the agreed amount. 7.3. Prices The Company expressly reserves the right to modify the prices and discounts established on this Particular Conditions of Contract, at any time, notifying this circumstances to the Reseller and giving him/her/it’s the option to unsubscribe from the Services, if appropriate.

8. Failure to Pay and Customer Returns

8.1. Non-Payment and Returns by the Customer Failure of the Customer to pay the stipulated quantities, devolution by the bank of any of the amounts that have already been charged or other irregularities on the payment obligations from the Customer, Reseller will need to follow up and get the status update from the Customer and notify the Company. Otherwise, it will give the Company the right, at its own discretion, to execute the precautionary suspension process of the Customer’s campaign or usage of the Platform. Notice will be given to the Reseller by the Company, and the commission payable to Reseller will be suspended and / or halted. We recommend to any Reseller anticipating his/ her/ its Customer’s problems on facing future payments, to immediately contact the Company with the aim of reaching a solution by mutual agreement between the Company and the Customer. If thirty (30) days after the suspension of the Customer’s account, and having been notified by the Company of the existence of a pending payment, the Customer has still not settled the outstanding balance, the Company will proceed to deactivate the Customer account and/or campaign, or whatever paid features or functionalities within the Platform, or whatever Applications development, without prejudice of the Company’s right to exercise the corresponding legal actions. The Reseller is aware of the possibility to unsubscribe from the Services, in case that he/she/it is not satisfied with the Services or if he/she/it predicts the impossibility of the Customer to comply with his/her/its payment obligations. Therefore, any irregularity concerning the payment obligations of the Customer will be persecuted, with the legal actions that the Company deems appropriate, and may lead to the cancellation of the Subscription and the suspension of the Customer account. 8.2. Claims for non-payment The Reseller is solely responsible for the platform/campaign subscription fee or Application Development Fee from his / her / it’s Customers to request the amounts overdue. The Company will generate invoice for Resellers to bill their Customers. For non-payment cases by the Customer, Company has the right to waive charges. Waivable decision is subject to the situation and Reseller cannot claim or seek compensation from the Company. Charges waived is solely the Company’s discretion, Reseller is not allowed to waive the Customer’s charges without giving prior notice to the Company.

9. Service Modifications and Cancellations

The Company will work for a constant improvement of the Platform and the Services. Therefore, the Company reserves the right to modify, interrupt and/or cancel, totally or partly, the Platform and the Services, at any time and with no need for justification. Any substantial modification that may affect the Resellers and the Customers will be informed, as far as possible, within a reasonable period of time. Customers having contracted the Services on the 3-months, 6-months or 12-months payment modality will have the right to receive compensation equivalent to the proportional period of time that the Services have been inoperative. Services will be considered to be inoperative when, for any circumstance attributable to the Company, and that is not specified within the obligations and necessary for a proper operation and maintenance of the services, the access to the most basic functions and features of the Services has not been possible (impossibility to access the Platform and the Site). In these cases, the affected Reseller may get in contact with the Company to request that the corresponding compensation is deducted from the Customer’s next payment. This amount will always be deducted from a subsequent payment, and under no circumstance will be directly refunded to the Customer. Under no circumstances will the Trial or Free Merchant during the Free Trial or Free Period have the right to receive a compensation for the suspension or cancellation of the Services.

10. The Contents

10.1. Responsibility The Reseller expressly recognized that he/she/it is the sole responsible for the Customer Accounts managed by him/her/it, for all the Content used to design the Campaign and Merchant Profile and for the products and services that may be commercialized through the Platform, exempting the Company from any blame or responsibility for the damages that the Contents could cause to third parties. The Reseller expressly states that:
  • He/she/it holds the full ownership or has been granted a license by the legitimate owner, for all the Contents (including but not limited to: images, videos, texts, trademarks, logotypes, links, graphics, etc.) that will be used for the design of Merchant Profile, Campaign, or Customer’s Application.

11. The CheQQme’s Revision Faculties

Without any prejudice given to the other rights established in the Terms and Conditions of Use of the Platform and the Site, the Company will have the faculty (capacity), but not the obligation, to revise all the Contents that Resellers or Customers intend to publish in the Platform. For these purposes, the Company can urge the Reseller or Customer to make any modifications deemed necessary, to guarantee that the Contents adjusts to the required high levels of quality and accuracy.

12. Exclusion of Guarantees

The Company will look after the correct functioning and high quality standards of the services offered on the Platform and the Site. However, the guarantees regarding damages produced by the Platform or the Site will not extend in any case further than expressly recognized on these Particular Conditions of Contract and the guarantees of each Reseller according to the current applicable law.

13. Responsibilities

The Reseller is exclusively responsibly for all damages that his/her/it’s inaccurate Content submission could cause to third parties, exempting the Company from any liability. The Company will not have the obligation to exercise control over the Contents created and published by the Customers and Contents submitted by the Resellers. The Company does not assume responsibility, in any case, for the Merchant Profile and Campaign created by the Customers or submitted by the Resellers, for its Contents (pictures, videos, texts, logos, trademarks, etc.), nor for the products or services offered and commercialized through the Applications. The Company does not assume responsibility, including without limitation, for:
  • The infringement of third party’s rights, derived from the publication of the Contents created by the Customers or the Resellers. For these purposes, the Company provides to anyone interested a general email notification service to request the removal of any content deemed inaccurate, illicit and/or offensive.
  • The interruption or malfunction of the Services and/or the Platform or the Site.
  • The modification or cancellation of the Services.
The Company does not assume any responsibility derived from the functioning of the Platform or the Site or of the Contents published on it, other than the one explicitly stipulated in the current legislation. Specifically, the Company will not be liable for any damages caused by a computer virus, Trojan or any other type of software that could cause damage to the Customer’s Account or the Customer’s Application.

14. Validity of the Clauses

Should any of the hereto clauses result inapplicable or declared void or with no effect by any Court, it will not affect the validity of the rest of the clauses.

15. Exercise of Legal Actions

The Company will pursue the failure to comply with these Particular Conditions of Contract and any unlawful usage of the Platform or the Site, keeping the right to exercise the corresponding legal actions. The Resellers, Customers and end users acknowledge and accept that in the case that the Company does not exercise its rights or legal actions regarded by the current law, it does not constitute a formal relinquish of its rights.

16. Conditions of Use of the Platform and the Site and Specific Conditions of Contracting

These Specific Conditions of Contracting obligate the Reseller, Customers and end users, together with the Legal Notice and Terms of Use of the Platform and the Site. If any contradictions are found between them, the Specific Conditions of Contracting will prevail over the Terms of Use of the Platform or the Site.

17. Applicable Law and Jurisdiction

These Specific Conditions of Contracting are rules under the applicable Malaysian legislation.