Terms & Conditions

General terms & conditions for IZEM website and cloud services

The following terms and conditions apply to all business relationships between the customer and IZEM (“us”, “we”, or “our”) with regards to our cloud-based software as publish in our website izem.my and www.izem.com.my. The governing law of Malaysia is that which was valid when the general terms & conditions was put into effect.
Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the general terms & conditions unless their validity is expressly agreed upon.

Upon subscribing, the customer is bound to the tentative offer. We will confirm the receipt of the customer’s subscription immediately. The confirmation is not contractually binding. The confirmation and acceptance of the general terms & conditions may be incorporated together.
We are entitled to accept the offer of a general terms & conditions (the “subscription”) within a period of 5 working days after receipt. We are also entitled to reject the offer after examining the reliability of the customer. If we do not explicitly accept or reject the offer after 5 working days, the order is accepted.

The services publishedon the IZEM website, is cloud-based software are those valid at the time of the subscription based on the offer information, the order form and the applicable monthly special offers.
The services are provided to the customer via our Public Cloud Services over the internet with a higher degree of control, security and flexibility.

Unless otherwise specified in the order, technical support services shall be provided as described on our website.
We warrant an annual average of 99% availability for our website and cloud services. If security of the power supply network or maintenance of network integrity is in jeopardy, we can temporarily restrict access to our website and cloud services as required.

The customer will create their user ID with a password by themselves on the subscribed services for a secured login. This must be kept confidential. The customer will be held liable for any malpractice resulting from the unauthorized use of the password.
Where data is transmitted to us, the customer is to back up his data regularly. The server will be backed up regularly by us when this is part of the subscription.
The customer has the right to information and a right to amend, to suspend or to delete his saved information. If deletion conflicts with a legal or contractual duty to save information, or other legal grounds, the information will be made inaccessible.
Personal data of customers will only be collected and used, if they are required for the creation, content arrangement or modification of the contractual relationship. The customer is obligated to update these data in its online administrations area.
Our data protection practice conforms to the “The Personal Data Protection Act 2010 (PDPA)”.

Our liability for all rights and claims arising out of or in connection with the conclusion and performance of this terms & conditions shall be limited as follows – irrespective of the matter of law or fact:
- We shall be liable according to the statutory provisions for claims under the local government law and for injury to life, limb or health. The following limitations of liability do not apply in this respect.
- We shall also be liable according to the statutory provisions in the event of intent, fraudulent intent and gross negligence. The following limitations of liability also do not apply in this respect.
- In the case of simple negligence (except in cases pursuant to 6.1), we shall only be liable to the extent that damages were caused by a breach of essential contractual obligations by us, whereby such liability shall be limited to the typical damage that was foreseeable for us at the time this general terms & conditions was concluded. Essential contractual obligations are those obligations which enable the proper performance of the general terms & conditions in the first place and on which the customer relied and could rely and whose culpable non-performance endangers achieving the purpose of the contract.
- We shall only be liable for a loss of data to the customer to the extent that the wecould not have avoided this loss of data by means of a proper data backup. Liability for damages exceeding the recovery expenses with proper data backup is excluded.

Software as a Service (SaaS), a monthly or annual subscription will be issued.
The offer and all prices are net plus statutory value added tax where applicable. Support and travel expenses are excluded.
Invoices are payable within 14 days where applicable.
Invoices are sent by email as attachments, on request with qualified signature. To receive invoices by ordinary post we are entitled to charge a reasonable service fee.
In case of a default in payment, we are entitledto block the account of the customer and to block all other functions.

Where not otherwise contractually agreed, the subscription is in place for an indefinite period.
The subscription may be terminated without cause by both parties by the end of the subscription period by giving 30 days’ notice.

The law of the local government applies. The place of jurisdiction is Kuala Lumpur, Malaysia.
Should individually provisions of this terms & conditions be invalid, this shall not affect the validity of the remaining provisions. The parties to the general terms & conditions will work together to replace invalid regulations with the corresponding valid regulations, as far as possible.