Terms and Conditions

Last updated: March 11, 2025

Please read these terms and conditions carefully before engaging with MicroWeb’s services.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Client refers to any individual or entity engaging MicroWeb for services.

• Company (referred to as either “the Company”, “MicroWeb”, “We”, “Us” or “Our” in this Agreement) refers to MicroWeb, 1207, Jalan Perbadanan, Pending Industrial Estate.

• Project refers to any software development, digital service, or related work undertaken by MicroWeb for the Client.

• Service refers to the software development, digital services, and related offerings provided by MicroWeb.

• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between the Client and MicroWeb regarding the use of the Service.

• Third-party Services means any services or content (including data, information, products or services) provided by a third-party that may be integrated with or utilized within the Service.

• You means the individual or entity engaging MicroWeb for services, as applicable.

Acknowledgment

These are the Terms and Conditions governing the provision of services by MicroWeb and the agreement that operates between the Client and the Company. These Terms and Conditions set out the rights and obligations of all Clients regarding the use of the Service.

Engagement with and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all Clients.

By engaging with or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not use the Service.

You represent that you have the authority to enter into this agreement.

MicroWeb’s provision of services is also subject to Your acceptance of and compliance with any applicable Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information. Please read Our Privacy Policy carefully.

Project Scope and Changes

The scope of each Project will be defined in a separate agreement or proposal. Any changes to the scope of a Project must be agreed upon in writing by both parties. MicroWeb reserves the right to adjust project timelines and costs in response to Client-requested changes.

Payment Terms

Payment terms will be outlined in the project agreement or proposal. The Client agrees to pay all fees according to the agreed-upon schedule. MicroWeb reserves the right to suspend or terminate services for non-payment.

Intellectual Property

Upon full payment, the Client will own the intellectual property rights to custom-developed software or digital assets created specifically for the Project, unless otherwise specified in the project agreement. MicroWeb retains ownership of any pre-existing code, libraries, or tools used in the Project.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of MicroWeb and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 MYR if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall MicroWeb or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if MicroWeb or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

”AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, MicroWeb, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service.

Termination

Either party may terminate a Project agreement with written notice if the other party breaches a material term of the agreement and fails to cure the breach within 30 days of receiving notice. MicroWeb may also terminate a Project agreement for non-payment.

Governing Law

The laws of Malaysia, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting MicroWeb.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please discontinue using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: [email protected]