Terms of Service

Last Updated: 16 October 2024

Welcome to AGBTECH CONSULTING. By accessing or using our services, you agree to be bound by the following Terms of Service (ToS). Please read these terms carefully.

1. Definitions and Interpretations

1.1 Definitions
1.1.1 “AGBTECH CONSULTING” refers to the business providing WordPress technical support and related services.
1.1.2 “Partner NGO” refers to the non-governmental organisation that is entering into this Agreement with AGBTECH CONSULTING.
1.1.3 “Services” refers to the WordPress technical support and other related services provided by AGBTECH CONSULTING.
1.1.4 “Credentials” refers to the login details including username and password for WordPress admin and hosting control panel access.
1.1.5 “Agreement” refers to these Terms of Service, including any amendments or modifications made in accordance with the terms herein.
1.1.6 “Confidential Information” refers to all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential.
1.1.7 “PDPA” refers to the Personal Data Protection Act 2010 of Malaysia, which governs the collection, use, and disclosure of personal data by organisations in a manner that recognizes both the right of individuals to protect their personal data and the need of organisations to collect, use, or disclose personal data for legitimate and reasonable purposes.

1.2 Interpretations
1.2.1 Headings are for convenience only and shall not affect the interpretation of this Agreement.
1.2.2 The singular includes the plural and vice versa, and any gender includes all genders.
1.2.3 Any phrase introduced by the terms “including,” “include,” “in particular,” “such as,” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. Services Provided

2.1 AGBTECH CONSULTING will provide WordPress technical support services to the Partner NGO, which will be agreed upon and attached to this Agreement.
2.2 If the Partner NGO requests additional services outside the agreed scope, such requests must be documented and agreed upon in writing by both parties. Any such additional services will be subject to the terms and conditions of this Agreement and may involve additional costs, which will be communicated and approved beforehand.
2.3 The Services are provided on a voluntary basis, and as such, the timing and availability of the Services may be affected by AGBTECH CONSULTING’s normal business activities. AGBTECH CONSULTING shall endeavor to perform the Services in a timely manner but does not guarantee any specific response times or deadlines.
2.4 The Partner NGO acknowledges that AGBTECH CONSULTING does not offer content updating, design services, or staff training as part of the Services.

3. Access and Credentials

3.1 The Partner NGO agrees to provide necessary access Credentials for WordPress admin and hosting control panel to AGBTECH CONSULTING.
3.2 All Credentials shared must be valid and active. AGBTECH CONSULTING will ensure the confidentiality and security of these Credentials.

4. Term and Termination

4.1 This Agreement shall commence on the date the form is submitted and shall continue until terminated by either party.
4.2 Termination of this Agreement may occur:
(a) By either party, upon giving thirty (30) days’ written notice to the other party, without the need for mutual agreement; or
(b) Immediately by either party, if the other party is in material breach of any term of this Agreement and such breach is not remedied within fourteen (14) days of being notified in writing of the breach; or
(c) Immediately by either party, if the other party becomes insolvent or goes into liquidation, or if a receiver is appointed over any of its assets; or
(d) By AGBTECH CONSULTING, at any time, in its sole discretion, due to business considerations or other reasons, upon giving notice to the Partner NGO.
4.3 Consequences of Termination or Expiry:
(a) Upon termination or expiry of this Agreement, AGBTECH CONSULTING will cease to provide the Services.
(b) Each party shall return or destroy all Confidential Information of the other party in its possession, except as required by law or agreed upon in writing by the parties.
(c) Any provisions of this Agreement which by their nature should survive termination shall continue to apply, including but not limited to clauses on Confidentiality, Indemnity, Limitation of Liability, and Governing Law.

5. Fees and Payment

5.1 All Services provided by AGBTECH CONSULTING under this Agreement are on a pro bono basis unless otherwise stated and agreed upon in writing.
5.2 Any additional costs incurred during the provision of Services, such as third-party services or expenses not covered under the initial scope, will be communicated and must be approved by the Partner NGO beforehand.
5.3 If any paid services are agreed upon in writing, the Partner NGO shall be responsible for making timely payments as per the agreed terms.
5.4 AGBTECH CONSULTING reserves the right to cease Services if any agreed-upon fees are not paid within the specified timeframe.

6. Indemnity

6.1 The Partner NGO agrees to indemnify, defend, and hold harmless AGBTECH CONSULTING, its officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:
(a) Any breach of this Agreement by the Partner NGO;
(b) Any claim that the Partner NGO’s use of the Services infringes on the intellectual property rights of any third party;
(c) Any violation of applicable laws, regulations, or third-party rights by the Partner NGO;
(d) Any negligent or wrongful conduct by the Partner NGO or its employees or agents in connection with the Services provided by AGBTECH CONSULTING.

7. Limitation of Liability

7.1 To the maximum extent permitted by law, AGBTECH CONSULTING shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, incurred by the Partner NGO, whether in an action in contract or tort, arising from or related to your use of our Services, even if AGBTECH CONSULTING has been advised of the possibility of such damages.
7.2 AGBTECH CONSULTING shall not be liable for any losses arising from:
(a) Any modification, suspension, or discontinuance of the Services.
(b) The Partner NGO’s failure to provide accurate information or to update information as necessary.
(c) Unauthorized access to or alteration of the Partner NGO’s transmissions or data.
(d) Statements or conduct of any third party on the Services.
(e) Issues arising from third-party products, themes, plugins, or services that the Partner NGO uses on their website.
(f) Any actions taken by the Partner NGO, its employees, agents, or any third party that affect the website, whether during the term of the Service or after the completion of the Services. This includes, but is not limited to, alterations, updates, or modifications made to the website.
(g) Host server downtime, errors, or faults due to the web host.
(h) Failure by the Partner NGO to renew the hosting account.
(i) Current or future programmatic errors or incompatibilities within the WordPress engine, plugins, or themes code.
(j) Computer viruses, malware, malicious software, or hacking attacks.
(k) Copyright infringement in content supplied by the Partner NGO.
(l) Any other unforeseen circumstances.
7.3 AGBTECH CONSULTING shall not be liable for any damages resulting from the Partner NGO’s use of the Services contrary to the instructions or guidelines provided by AGBTECH CONSULTING.
7.4 AGBTECH CONSULTING shall not be responsible for any delays or failures in performance resulting from acts beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
7.5 AGBTECH CONSULTING shall have no liability to the Partner NGO, its partners, clients, heirs, or any third parties for any damages, losses, or expenses, whether direct, indirect, incidental, special, consequential, or otherwise, arising from or in connection with this Agreement or the Services provided hereunder.
7.6 AGBTECH CONSULTING shall not be responsible for any issues, damages, or losses caused to the Partner NGO as a result of the Services provided, including but not limited to any errors, omissions, or negligence on the part of AGBTECH CONSULTING.
7.7 This Limitation of Liability clause shall survive the termination or expiration of this Agreement.

8. Intellectual Property

8.1 All intellectual property rights in the materials, content, and Services provided by AGBTECH CONSULTING, including but not limited to software, documentation, designs, graphics, and other materials, shall remain the exclusive property of AGBTECH CONSULTING or its licensors.
8.2 The Partner NGO acknowledges that AGBTECH CONSULTING owns all right, title, and interest in and to the Services, including any enhancements, modifications, or derivative works thereof, and all associated intellectual property rights.
8.3 The Partner NGO agrees not to copy, modify, distribute, sell, or lease any part of the Services or included software, nor to reverse engineer or attempt to extract the source code of that software, except to the extent that such restrictions are expressly prohibited by law.
8.4 Any content or materials provided by the Partner NGO to AGBTECH CONSULTING for the purpose of the Services shall remain the property of the Partner NGO. The Partner NGO grants AGBTECH CONSULTING a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content solely for the purpose of providing the Services.
8.5 The Partner NGO warrants that any content provided to AGBTECH CONSULTING does not infringe on the intellectual property rights of any third party. The Partner NGO agrees to indemnify and hold AGBTECH CONSULTING harmless from any claims, damages, or losses resulting from any breach of this warranty.

9. Data Privacy

9.1 AGBTECH CONSULTING is committed to protecting the privacy of the Partner NGO’s data in compliance with the Personal Data Protection Act 2010 (PDPA) of Malaysia. Any personal data provided by the Partner NGO will be used solely for the purpose of providing the Services outlined in this Agreement.
9.2 AGBTECH CONSULTING will comply with all applicable data protection laws and regulations, including the PDPA, in the collection, use, storage, and disclosure of personal data.
9.3 The Partner NGO consents to the collection and use of its personal data by AGBTECH CONSULTING for the purpose of providing the Services. AGBTECH CONSULTING will not share personal data with third parties without the Partner NGO’s explicit consent, except as required by law.
9.4 AGBTECH CONSULTING will implement appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration, or disclosure.
9.5 The Partner NGO has the right to request access to its personal data held by AGBTECH CONSULTING, to request correction of any inaccuracies, and to request deletion of personal data, subject to any legal obligations to retain such data. Requests should be directed to support@agbtechconsulting.com.
9.6 Any data breaches involving personal data will be promptly reported to the Partner NGO and relevant authorities as required by the PDPA.
9.7 AGBTECH CONSULTING will retain personal data only for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable laws.

10. Confidentiality

10.1 AGBTECH CONSULTING will maintain the confidentiality of all sensitive information provided by the Partner NGO.
10.2 The Partner NGO agrees not to disclose any Confidential Information related to AGBTECH CONSULTING’s methods, processes, or any other proprietary information.

11. Marketing and Publicity

11.1 The Partner NGO grants AGBTECH CONSULTING the right to use the Partner NGO’s name, logo, and other identifying information in marketing and publicity materials, including on AGBTECH CONSULTING’s website, social media, and other promotional channels, to highlight the partnership and Services provided.
11.2 AGBTECH CONSULTING agrees to obtain prior written consent from the Partner NGO for any specific marketing or publicity activities that involve detailed case studies, testimonials, or quotes from the Partner NGO.
11.3 The Partner NGO may use AGBTECH CONSULTING’s name, logo, and other identifying information in their own marketing and publicity materials, subject to prior written consent from AGBTECH CONSULTING.
11.4 Neither party shall make any public announcement or issue any press release regarding the partnership or the Services provided without the prior written consent of the other party.

12. Modifications to Terms

12.1 AGBTECH CONSULTING reserves the right to modify these Terms at any time. Any changes will be posted on our website with the updated effective date at the top of this page.
12.2 Continued use of Services after any modifications to the Terms constitutes acceptance of those changes.
12.3 It is the responsibility of the Partner NGO to review the Terms of Service periodically to stay informed of any changes. AGBTECH CONSULTING encourages the Partner NGO to check the Terms of Service regularly.

13. Governing Law

13.1 These Terms shall be governed and construed in accordance with the laws of Malaysia.
13.2 Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

14. Precedence of Agreements

14.1 In the event of any conflict or inconsistency between these Terms of Service and any separate written agreement between AGBTECH CONSULTING and the Partner NGO, the terms of the separate written agreement shall prevail.
14.2 These Terms of Service shall apply to the extent that they do not conflict with the terms of any separate written agreement between AGBTECH CONSULTING and the Partner NGO. Where there is no conflict, these Terms of Service shall complement the separate written agreement.
14.3 For Partner NGOs without a separate written agreement, these Terms of Service shall apply in full.

15. Acceptance of Terms

By checking the box and submitting the onboarding form, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.