Welcome to MyAgreement (www.myagreement.com.my) We invite you to access our website/platform and use the services, but please note that your invitation is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the Service (as defined below). Kindly review these Terms carefully.
The Terms of Service constitutes a contract between MyDigital Center through its solution platform MyAgreement (www.myagreement.com.my) and you. The Terms of Service includes the provisions set forth in this document and in the MyAgreement Privacy Policy, Commercial Terms, Business Agreement, User Guidelines and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.
By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images, and other data you choose to input, upload, or store in MyAgreement (collectively, “Content”) and your personal information in accordance with such Privacy Policy.
In the event of a conflict, the English language version or the relevant language version shall govern to make this Terms of Service comprehensible.
MyAgreement (www.myagreement.com.my) through its provider MyDigital Center Sdn Bhd is committed to the privacy and security of your data. Our goal is to help you organize, find, and use your data in utmost management while respecting your privacy and honoring the commitments to the Laws of Data Protection.
This Privacy Policy explains more specifically on information MyDigital Center Sdn Bhd and its platform www.myagreement.com.my (together, “MyDC”, “MyAgreement”, “we” or “us”) collect, use, and disclose about you when you access or use our websites, platform and applications, which we refer to collectively as “the Service,” contact our customer service team, engage with us on social media, or otherwise interact with us.
We built MyAgreement to help you draft, upload, perform digital signing, execute online stamping stamp, store and organize your agreement, attachment(s), and other related/non related document(s). That means you can input, upload, or store in MyAgreement Content. We also collect and receive the following types of information:
• Basic subscriber information. To activate your account and process the payments, we will collect and receive your relevant details depending on how you purchase a subscription of MyAgreement or Stamps Gateway (each a “Paid Service”), your billing address and other payment information.We also may link your subscriber information with data we receive from our partners and other third parties to help understand your needs and provide you with a better experience.
We are committed to protecting the privacy of your information. Below, we describe the ways in which we use the information we collect and receive to provide, maintain, and improve the Service; to provide troubleshooting and customer support; to protect the Service for all our users; to contact you; and to administer MyAgreement accounts.
• Performing our Services. We use a number of technologies to help you get the most out of the Service. Our system automatically analyse your data to power MyAgreement features and to continually improve the Service for you in a way that does not require anyone to look at your Content. This may include, for example:
o Making sure you find what you are looking for when you search for your
account.
o Showing you information most relevant to how you are or could be using the Service
at a specific time or location.
o Suggesting actions for you to take based on information you have stored.
o Suggesting MyAgreement service features or products to you that we think will help
you get the most out of our Service.
• Maintaining our Services. To provide troubleshooting and customer
support, our Customer Support team may need to access your information, such as your
account email address and information about MyAgreement platform you are using,
subject to the protections described below.
• Protecting against security threats, abuse, and illegal activity.
As part of our efforts to protect your account and the functionality of the Service,
our systems may analyse the agreement/document you send to and from your account and
other potential security concerns. If we determine that such material constitutes a
Terms of Service or User Guidelines violation, we may block delivery of or unshare
the problematic material, much like a spam filter works.
• Communicating with you. In accordance with your communication
preferences, we’ll occasionally contact you to announce new products and features we
build for you, share tips for using MyAgreement and get the most out of its
features, make special offers, and provide information about how MyAgreement works
and including other products and services from our business partners.
• Complying with Law. MyAgreement will also use your information to
satisfy applicable laws or regulations and discloses information in response to
legal process or enforceable government requests including but not limited to law
enforcement.
My Digital Center team works hard to provide you with a service (MyAgreement/www.myagreement.com.my) that makes your agreement process becomes easier, happier and more productive. We strive to give you a total security by ensuring that your data is protected and being fully transparent. In return, we ask that you respect the MyAgreement Service and other users, and follow these rules about what not to do when you’re using the Service. Please remember that when you agree to our Terms of Service (including these Guidelines), you agree that you are responsible for any and all conduct and Content under your account.
You agree that when you use the Service:
• You Will Not Use Myagreement For Anything Illegal Or Promote Illegal
Activities. So do not perform any activity that involves ionizing
radiation or contamination by radioactivity from any nuclear waste, from the
combustion of nuclear fuel, radioactive toxic explosive, or other hazardous
properties of any explosive, nuclear assembly or nuclear component thereoflike;
promote harm to any person, group of people (or animals, for that matter), or any
governmental or legal entity; or stalk or harass anyone. This also means that you
must not violate the laws or regulations applicable to you or the use of the
Service. You, and not MyAgreement, are responsible for complying with any laws or
regulations applicable to the data in your account.
• You Will Not Violate Our Users’ Rights. Do not invade another
user privacy and use their personal data for commercial purposes or in some other
manner that violates their rights or applicable laws. This also means you should not
upload, attach or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships.
• You Will Not Create Suspicious Activities. Do not make any
agreement, upload, attach or otherwise transmit any unsolicited or unauthorized
advertising or promotional materials. So no spam, pyramid schemes, illegal and
definitely no financial fraud schemes. Do not try to solicit users’ passwords or
personal information. This also means no engaging in commercial activities within
the Service or on behalf of MyAgreement without our prior approval (e.g., displaying
a banner designed to profit you or any other business or organization or displaying
banners for services that provide cash or cash-equivalent prizes to users in
exchange for hyperlinks to their web sites). Do not use the Service as a forwarding
means to another website.
• You Will Not Send Unwanted Messages. MyAgreement’s Collaboration
Features (those features that allow MyAgreement users to share or collaborate on
Content) are intended to enable you to interact and share with people you know
and/or who are part of your organization. Do not send unsolicited messages to anyone
who does not share this kind of connection with you.
• You Will Not Violate Ip Rights. Do not upload, attach or transmit
Content that infringes the copyright, trademark or other intellectual property or
proprietary rights of another party without permission. Do not take any action that
would violate MyAgreement's Trademark Brand Guidelines and Usage Requirements.
• You Will Not Disrupt with Our Service. Do not ruin this for
everyone. Do not upload, promote or distribute software viruses or any other kind of
computer code, files or programs that attempt to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment.
Do not interfere with our servers or networks connected to the Service, or with the
services and networks of the Service Providers whose services we use to help deliver
the Service. Do not try to disguise the origin of any Content transmitted through
the Service. Unless MyAgreement has given you its prior approval, do not access or
attempt to access the Service by any means other than through the interface provided
by MyAgreement (including through the use of scripts, web crawlers or the like). Do
not use the Service in a manner that could lead to the interruption of access to the
Service for others.
• You Will Not Attempt To Copy Or Resell Our Service. Do not try to
reproduce MyAgreement or otherwise try to exploit any part of, use of or access to
the Service.
• You Will Not Pretend To Be Someone You Are Not. Just be yourself.
In particular, do not pretend to work at or be affiliated with MyAgreement if that
is not true.
• You Will Not Exceed The Scope Of Your Authorized Use. Do not
access or use features that you do not have a right to use; do not mess around with
other users’ Content if they have not given you permission to do so.
• You Will Not Use Myagreement To Make An Agreement Related To Objectionable
Content. Do not use, attach or make any agreement/document Content that
contains nudity, sexually graphic material or material that is otherwise deemed
explicit by MyAgreement; that MyAgreement deems threatening, abusive, harassing,
defamatory, libellous, obscene, invasive, hateful or racially, ethnically or
otherwise objectionable; or that MyAgreement determines it conflicts with your
obligations under applicable local law or these User Guidelines.
While we hope that all users of MyAgreement complies with these Guidelines, we must caution you that, notwithstanding these Guidelines and the requirements in our Terms of Service, you may be exposed to offensive, indecent or objectionable Content when using the Service. We expect that you understand this and, accordingly, you use the Service at your own risk. However, we put our best effort to avoid the matters from arising throughout our services offerings.
These “Commercial Terms” apply to our commercial transactions with you, including your engagement of any Paid Service from us, or the acquisition. We refer to any service for which we charge a fee, including Digital Signing, Stamps Gateway, as a “Paid Service.”
You should carefully read through these Commercial Terms to understand your rights and responsibilities as these Commercial Terms constitute a contract between you and My Digital Center Sdn. Bhd.or its affiliate from which you are engaging the Paid Service or from which you are acquiring (we refer to these collectively as a “Commercial Transaction”). By engaging a Paid Service, you agree to be legally bound by these Commercial Terms. (Please see our explanation of who you are contracting with in different circumstances in the section below entitled “Who Am I Contracting With?”.)
If you do not agree to the Commercial Terms, then you can decide not to complete a Commercial Transaction.
You agree to receive all communications, agreements, and notices that we provide electronically in connection with any of MyAgreement platform/product or services (“Communications”), including by e-mail, text, in-app notifications, or by posting them on the MyAgreement website or through any MyAgreement service or product/platform. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may update these Commercial Terms from time to time. Please be sure to review these Commercial Terms before you finalize any Commercial Transaction.
When you elect to engage a Paid Service from us or any third party reseller and enter a form of payment, you agree that: (i) you will fulfil your obligation to pay for the Paid Service by the date on which the payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we or our reseller (as applicable) are authorized to charge you for the Paid Service using the established payment method and the information you provide that is stored in your account as of the applicable date for payment. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes or delivery charges described as being applicable to the Product you are buying. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any other reasonable collection costs we incur as a result of your failure to pay on a timely basis.
You agree to pay the charges for the Paid Service in the currency specified by My Digital Center Sdn. Bhd. (or any reseller or payment processor from which you may engage the Paid Service) when you enter into the Commercial Transaction, and you assume all risks associated with any changing value in the currency compared with other currencies. The specified charge for a Paid Service are SST-inclusive and may include certain other taxes or delivery or similar charges applicable to your charges. If any tax or charge applicable to a engagement is not charged by us, you acknowledge that you are solely responsible for paying the tax or other such charge.
Our prices for a Paid Service do not include any of the third-party fees you incur in connection with using a Paid Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for cellular or data services and any other third party applications or services with which you may use the Paid Service; you are responsible for selecting and managing these other services, and paying the fees for such services.
MyAgreement accepts certain debit and credit cards as well as other forms of online payment (e.g., Paypal transfers) as payment methods for Paid Services (each, an “Accepted Payment Method”), subject to the procedures and rules contained in these Commercial Terms and any applicable contract with the Accepted Payment Method. Accepted Payment Methods may vary by country or by Paid Service and may change from time to time. When you engage with an Accepted Payment Method, the fees for your Paid Service will be billed on or near the date of your purchase.
We may change the price of any Paid Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring subscription fees. Any increase in charges for the same Paid Service would not apply until the expiration of your then current billing cycle within your account activation period, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Paid Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Paid Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle.
MyAgreement may, in our sole discretion, agree to permit you to pay us for certain Paid Services pursuant to invoices issued by My Digital Center Sdn Bhd. Unless otherwise expressly provided in our Separate Agreement with you, we will issue our invoice on or shortly after the date on which the Paid Service is purchased (and on any monthly, annual or other renewal term as described), and the charges are payable upon your receipt of the invoice. All payments of invoiced amounts must be made in the currency specified on the invoice by check, wire or other electronic transfer to a bank and account number designated by MyDigital Center Sdn. Bhd. Any invoice that remains unpaid thirty (30) days after the invoice date is considered delinquent. Any wire transfer fees or other similar fees incurred on account of the payment method selected by you are your responsibility and may not be deducted from the amount due by MyAgreement.
You are responsible for ensuring that your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date. You may change this information at any time.
If your credit card expires or the information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when we charge for any Paid Service subscription (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this, and we will bill the current charges to the card we had on record; the continuation of your Paid Service subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.
In addition to the published fees for a Paid Service, you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.
If you engage a Paid Service subscription with a credit card and then subsequently request your credit card issuer to reverse that payment, MyAgreement is charged a fee that may be a significant multiple of the amount we initially received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend your ability to add additional Content to your MyAgreement service account until such time as you reimburse us the amount of the fee we were charged by the card issuer.
As we describe in our Terms of Service, if you engage a Paid Service from us you will be entering into a contract with one of several MyAgreement affiliated system providers. Those provisions regarding contracting parties and governing law continue to apply to our contracts for MyAgreement. If you elect to pay a third-party reseller or payment processing firm for any Paid Service, the contract regarding your payment will be with such third-party, but such third-party is not authorized to provide you with any contract terms or other assurances that affect MyAgreement’s obligations relating to our delivery of the Paid Service; our obligations to you are governed by the Terms of Service, Privacy Policy in these Commercial Terms.
This Business Agreement (¬this "Agreement") governs the use of the MyAgreement service (the "Service") by the entity agreeing to these terms ("Customer"). The MyAgreement Service as defined in our Terms of Service is designed for businesses, individuals and organizations.
Customer is one party to this Agreement. An individual (“you”) is required to accept this Agreement on behalf of the Customer as a condition to creating MyAgreement Account (Customer’s Account). The Agreement is effective as of the date MyAgreement makes the administrator account (“Administrator Account”) available to that individual acting on behalf of the Customer as the Administrator (the "Effective Date"). By accepting this Agreement, you confirm that you have reviewed the Agreement on behalf of Customer and you are warranting to MyAgreement that you are authorized to accept and make this Agreement legally binding on behalf of Customer. If you do not have the legal authority to bind such Customer, please do not check the box signifying that you accept the terms of this Agreement.
In addition to the terms and conditions set forth in this Agreement, Customer's use of the MyAgreement Service is also governed by the then-current terms and conditions governing the use of MyAgreement's services (the "Terms of Service"), MyAgreement’s then-current terms and conditions governing payments (the “Commercial Terms”), and MyAgreement’s then-current Privacy Policy, each as published at the MyAgreement website – www.myagreement.com.my. If there is any conflict between either of the Terms of Service or the Commercial Terms and this Agreement, then the terms of this Agreement shall govern with respect to the MyAgreement Service.
“Account” means a unique account established by Customer to enable its Authorized Users to access and use MyAgreement Service.
“Account Administrator” is an Authorized User who is assigned and expressly authorized by Customer as its agent to manage Customer’s Account, including, without limitation, to configure administration settings, assign access and use authorizations, request different or additional services, provide usage and performance reports, manage templates, execute approved campaigns and events, assist in third-party product integrations, and to receive privacy disclosures. Customer may appoint an employee or a third-party business partner or contractor to act as its Account Administrator and may change its designation at any time through its Account.
“Affiliate” of a Party means any entity that the Party directly or indirectly owns or controls the voting interests of the subject entity. Any legal entity will be considered a Party’s Affiliate as long as that interest is maintained.
“Authorized User” means one individual natural person, whether an employee, business partner, contractor, or agent of Customer or its Affiliates who is registered by Customer to use the MyAgreement Service. If the Authorized User is not an employee of Customer, use of the MyAgreement Service will be allowed only if the user is under confidentiality obligations with Customer at least as restrictive as those in this Agreement and is accessing or using the MyAgreement Service solely to support Customer’s and/or Customer Affiliates’ internal business purposes.
After successfully completing the account creation process and confirming acceptance of this Agreement, MyAgreement will enable Customer to access an Administrator Account, which will include a console ("Admin Console"). Customer can perform a number of administrative functions relating to Customer's MyAgreement Account (“Customer’s Account”) through the Admin Console.
Customer acknowledges that providing an Customer’s user (“End User”) access to its Customer’s Account provides that End User with authority to access, create, or share Content in Customer’s Account. (“Content” means the text, images, and other data that has been put into, uploaded to, or stored in the MyAgreement service.) Customer also acknowledges that while an End User’s access to Customer’s Account has been granted by an Administrator (defined below), that End User may copy, transfer or otherwise export Content from Customer’s Account. The subsequent suspension or termination of an End User’s access to Customer’s Account will prevent the End User from continuing to access such Content in the Customer’s Account, but such suspension or termination of access will not delete or otherwise affect any Content that such End User may have previously copied from or transferred out of the Customer’s Account.
If an End User has a personal MyAgreement service account that is not associated with Customer’s Account, Customer acknowledges that it does not and will not have any access to, rights in, or control over such End User’s separate MyAgreement service account. Customer agrees that its engagement hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written statements made by MyAgreement regarding future functionality or features.
Customer is responsible for (a) payment of all fees relating to Customer’s Account (“Fees”); (b) administering all End Users' access to Customer’s Account and its Content through the Admin Console; (c) maintaining the confidentiality of the password of each Administrator Account; (d) maintaining accurate and current account and contact information for each Administrator Account; and (e) ensuring that any and all use of each Administrator Account complies with this Agreement and applicable laws. Customer may grant administrative privileges to multiple Customer personnel (each, an "Administrator") and shall be solely responsible for ensuring that it has designated necessary and appropriate individuals as Administrators and for removing administrative privileges from individuals who no longer require administrative privileges. CUSTOMER ACKNOWLEDGES THAT IF NO ACCOUNT ADMINISTRATOR(S) IS/ARE ABLE OR WILLING TO FULFILL SUCH FUNCTION, AND/OR CUSTOMER OTHERWISE FAILS TO MAINTAIN CONTROL OF THE ADMINISTRATOR ACCOUNT(S), CUSTOMER MAY BE UNABLE TO ACCESS OR CONTROL ITS BUSINESS ACCOUNT; IN SUCH EVENT, CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ALL RESULTING LOSSES, COSTS AND EXPENSES. (See “Administrator Account Recovery” below for additional information.)
Customer acknowledges and agrees that prior to an End User using the MyAgreement Service, MyAgreement will require each End User to accept MyAgreement 's Terms of Service, and such Terms of Service will govern each End User's use of Evernote Business. Customer acknowledges that a violation of the Terms of Service by an End User may result in the termination of such End User's access to Customer’s Account or termination of Customer's Account. Customer shall not make any representation, warranty or guaranty for or on behalf of My Digital Center Sdn Bhd, or otherwise obligate MyAgreement in any manner, to any End User.
Customer may establish its own rules for End Users' access and use of Content in Customer's Account ("Customer Rules"). Any such Customer Rules shall only affect the relationship between Customer and its End Users. Without limiting the foregoing, Customer is responsible for determining and obtaining any permissions from End Users necessary to enable Customer to perform the administrative functions available through the Admin Console and enforce any Customer Rules. MyAgreement shall not have any obligation or responsibilities to Customer or any End User with respect thereto, including, without limitation, any responsibility to assist Customer in enforcing any Customer Rules or taking any action that would be inconsistent with the Terms of Service or Privacy Policy.
Customer will prevent unauthorized use of its MyAgreement Account and Content and immediately terminate any unauthorized use of which it becomes aware. Customer will promptly notify My Digital Center Sdn. Bhd. of any unauthorized use of or access to the MyAgreement service of which it becomes aware.
Customer acknowledges and agrees that, as between the parties, it is responsible for responding to a request from a third party for records relating to Customer's or an End User's use of, or Content contained within, Customer’s Account (a "Third Party Request"). If My Digital Center Sdn. Bhd. receives a Third Party Request (including but not limited to criminal or civil subpoenas or other legal process requesting Customer or End User information), My Digital Center Sdn. Bhd. will, to the extent allowed by the law and by the terms of the Third Party Request, direct the Third Party to Customer to pursue the Third Party Request. My Digital Center Sdn Bhd retains the right to respond to Third Party requests for Customer information where MyAgreement determines, in its sole discretion, that it is required by law to comply with such a Third Party request.
Customer will be required to select its method of payment when Customer sets up its MyAgreement Account. Administrators and Billing Contacts of MyAgreement accounts may change payment information for MyAgreement Accounts by contacting My Digital Center Sdn. Bhd. Customer Support. Billing Contacts will need to contact Customer Support and demonstrate to MyAgreement’s satisfaction control of the payment method last used for Customer’s MyAgreement Account to make any changes.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER AND ITS END USERS MAY LOSE ACCESS TO ALL CUSTOMER ACCOUNT CONTENT IN THE MYAGREEMENT SERVICE IN THE EVENT THAT CUSTOMER FAILS TO PROVIDE TIMELY PAYMENT. Such access will be restored upon receipt of full payment.
All payments under this Agreement are subject to the Commercial Terms.
Customer is responsible for any taxes, including, without limitation, sales, use, excise, added value, withholding and similar taxes, as well as all customs, duties or governmental impositions and Customer will pay MyAgreement all Fees due hereunder without any reduction for Taxes. If MyAgreement is obligated to collect or pay Taxes, My Digital Center Sdn. Bhd. will invoice Customer for the Taxes unless Customer provides My Digital Center Sdn. Bhd. with a valid tax exemption certificate by the appropriate taxing authority and/or other documentation providing evidence that no tax should be charged. If Customer is required by law to withhold any Taxes from its payments to MyAgreement, Customer must provide My Digital Center Sdn Bhd with an official tax receipt or other appropriate documentation to support such purpose.
My Digital Center Sdn Bhd will provide priority business support to Customer’s Administrator and End Users. Customer will, at its own expense, be responsible for providing support to its End Users regarding issues that are particular to their End Users' access of Customer’s Account (e.g., resetting passwords, suspending accounts, sharing Content, etc.). Customer will use commercially reasonable efforts to resolve any such support issues before escalating them to My Digital Center Sdn. Bhd.
My Digital Center Sdn. Bhd. has implemented certain technical and organizational measures designed to prevent accidental loss of and unauthorized access to and use of Content stored in MyAgreement. However, My Digital Center Sdn. Bhd. does not guarantee that unauthorized third parties will be unable to obtain access to MyAgreement, and Customer acknowledges that all Content stored by Customer and its End Users in MyAgreement is done so at Customer's and its End Users' own risk. In addition, Customer is responsible for ensuring that it has backed up its Content in the event of any loss of Content stored in MyAgreement. In the event My Digital Center Sdn. Bhd. becomes aware that a third party has accessed without authorization to Customer's MyAgreement account or has obtained without authorization the credentials of an Administrator(s) for Customer’s MyAgreement account, My Digital Center Sdn. Bhd. shall provide prompt notice to Customer’s Administrator(s) of such unauthorized access.
By using MyAgreement, Customer acknowledges, accept and agrees with all provisions of the Privacy Policy.
If Customer intends to enable use of the MyAgreement Service by End Users who are minors, Customer shall be responsible for obtaining any necessary parental / guardian or other permissions required under applicable laws prior to enabling such End Users' access or use of Customer’s Account. Customer must provide parents / guardians with a copy of MyAgreement’s Privacy Policy when obtaining parental / guardian consent. Customer must keep all consents on file and provide them to My Digital Center Sdn. Bhd. upon request.
Each party undertakes not to disclose to any third party any information obtained from the other party (including, on the part of My Digital Center Sdn. Bhd., Customer Content and other information provided by Customer to MyAgreement) that is designated as proprietary or confidential or which, by its nature, is manifestly apparent that it should be regarded as confidential or proprietary ("Confidential Information"), except that My Digital Center Sdn. Bhd. may access, disclose and share such Confidential Information of Customer and its End Users to the extent necessary in order to provide the MyAgreement Services hereunder and as disclosed in the Privacy Policy. Each party agrees that it shall use the same degree of care that it utilizes to protect its own Confidential Information of a similar nature to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into or the possession of persons other than those persons authorized under this Agreement to have any such information.
The confidentiality obligation in this Section does not apply to such information as the recipient can show has become known to it in a way other than having been provided under this Agreement or from the other party. Furthermore, Confidential Information may be disclosed insofar as such disclosure is necessary to allow a party to comply with applicable law, with a decision by a court of law or to comply with requests from government agencies or third parties that such party determines require disclosure, but then only after first notifying the other party of the required disclosure, unless such notification is prohibited. The foregoing confidentiality obligation shall apply for so long as the information constitutes Confidential Information.
My Digital Center Sdn. Bhd. may, in its sole discretion, allow Customer to upload its logo or MyAgreement trademarks (together, "Customer Trademarks") for display in the version of MyAgreement service accessed by End Users of Customer's Account, either in conjunction with MyAgreement 's trademarks or as a Customer-branded service. Accordingly, Customer hereby grants My Digital Center Sdn. Bhd. a non-exclusive license to display, perform and distribute the Customer Trademarks and to modify (for technical purposes, e.g., making sure trademarks are viewable on mobile devices as well as computers) such trademarks solely in connection with making MyAgreement available to End Users of Customer's Account.
To the maximum extent permitted by applicable law, Customer agrees to indemnify and hold My Digital Center Sd.n Bhd., its subsidiaries, affiliates, officers, agents, employees, and partners harmless from and against any and all liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to (i) any Loss of Administration or (ii) claims (a) made by End Users; or (b) made by any third party relating to Customer's use of and Customer's End Users' use of any of the MyAgreement service in violation of this Agreement, the Terms of Service or applicable laws. In the event of such claim, we will provide notice of the claim, suit or action to Customer using the contact information we have for the account, provided that any failure to deliver such notice to Customer shall not eliminate or reduce Customer's indemnification obligation hereunder, except to the extent Customer can establish that it was prejudiced by such failure.
MyAgreement does not claim ownership of any documents/agreement that you either draft or upload and store using our Services ("Documents"). You grant permission for MyAgreement to use your Documents in connection with providing Services to you.
You acknowledge and agree that MyAgreement may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of MyAgreement, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that MyAgreement has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.
Digital signature is governed under The Digital Signatures Act 1997 (“DSA”) and is defined as “a transformation of a message using an asymmetric cryptosystem (an algorithm or series of algorithms which provide a secure key pair) such that a person having the initial message and the signer’s public key can accurately determine (a) whether the transformation was created using the private key that corresponds to the signer’s public key and (b) whether the message has been altered since the transformation was made.”
Under Malaysian law, a written signature is not necessarily required for a valid contract - contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or in a physical paper document (The Contracts Act 1950 and applicable common law). The Electronic Commerce Act 2006 (“ECA”) specifically confirms that contracts cannot be denied enforceability merely because they are concluded electronically. To prove a valid contract, parties sometimes have to present evidence in court. Leading digital transaction management solutions can provide electronic records which may be admissible in evidence under the Evidence Act 1950, to support the existence, authenticity and valid acceptance of a contract.
For a digital signature to be valid under the DSA, it must meet the following three requirements:
• The digital signature must be verified by reference to the signer’s public key,
which must be listed in a valid certificate issued by a licensed certificate
authority.
• The signer must affix his or her digital signature to the document to be signed
with the intention of signing that document.
• The recipient must have no knowledge or notice that the signer
a. Has breached his or her legal duties under the DSA as
an owner of a digital certificate (for example, by failing to take reasonable care
to secure his or her private key)
b. Does not rightfully hold the private key used to affix the digital signature
The licensed certificate authorities in Malaysia are:
i. Pos Digicert Sdn Bhd (457608-K)
ii. MSC Trustgate.com Sdn Bhd (478231-X)
iii. Telekom Applied Business Sdn Bhd (455343-U)
iv. Raffcomm Technologies Sdn Bhd (1000449-W)
Stamp Duty is charge for various instruments/documents as stated in Stamp Act 1949. It certifies the validity of the instruments/documents for legal purposes
STAMPS Gateway is an Electronic Stamp Duty Assesment and Payment System via internet. This method will replace your manual payment system in LHDNM’s counter which use Franking Machine and Revenue Stamp. Franking Machine and Revenue Stamp will be replaced by receipt/stamp certificate which is generated by STAMPS.
Receipt or stamp certificate for Stamp Duty assessment will be issued and self-print when payment has been confirmed and received by LHDNM.
Quick start guide to assist Malaysian financial institutions (FIs) in Technology (RMiT) policy documents and describes the set of steps that FIs should follow to launch regulated workloads on MyAgreement.
1. Authorise, Security & Compliance Cloud Service Provider (CSP) - (BNM Outsourcing, part B, sections 9.1 – 9.5, and BNM RMiT, part B, section 10.49).
2. Execute an outsourcing agreement legally enforceable - (BNM Outsourcing, part B, sections 9.6 & 9.7).
3. Assess the outsourcing arrangements & systems - (BNM Outsourcing, part B, section 8.7 and Appendix 4, and BNM RMiT, part B, section 10.50).
4. Obtain regulatory approval - (BNM Outsourcing, part C, sections 12.1 – 12.6) and (BNM RMiT, part B, sections 10.50 & 10.51). MyAgreement through our partner AWS can support you by providing responses to any questions that relate to your use of our services or that would be part of the AWS's scope of responsibilities.
5. Establish security measures - (BNM Outsourcing, part B, section 11.1, and BNM RMiT, part B, section 10.53).
1) Any additional adjustment to the agreement template including errors under user’s responsibility will involve a fee of RM15 per page.
2) Once user has made payment and complete the agreement process from drafting to digital signing and online stamping, no cancellation of the contracts will be able to take place. User is required to start the process again from the beginning in order to complete the agreement document.
3) User may still be able to do amendments while the document status is still in draft process and no official payment has been made using online transaction. However, user who has gone the complete process up to digital signing and online stamping will not be able to cancel the agreement document process.
4) FPX charges by third party payment gateway provider will be reflected in user’s bill during the payment process.
5) After user has completed the template acceptance form, any changes after the process will be considered as a new template with the determined charges.
6) User must complete the payment within 14 days after the invoice has been issued.