Terms of Service

1. General

2. Software Development Policy

(A) Technology Stack:

• ExchangeMerchant will be using C# ASP.NET as the primary technology stack for all Website/Web-Application Development to ensure the construction of high-quality software.

(B) Prohibition of WordPress or WooCommerce:

• ExchangeMerchant hereby commits to strictly prohibit the use of WordPress or WooCommerce for any Website/Web-Application Development.

(C) Development from Scratch:

• ExchangeMerchant commits to developing all functionalities from scratch, unless explicit approval is received from clients to deviate from this practice.

(D) SDLC Implementation:

• ExchangeMerchant's Development Team will rigorously follow and implement the SDLC (System Development Life Cycle) methodology in all development processes, ensuring the design and construction of high-quality software.

(E) Third-Party Services Integration:

• Customers are responsible for communicating with the Third-Party Services Provider ("Service Provider") for the necessary API ("Application Programming Interface") required for integrating Third-Party Services with the development application.
• Customers bear all financial responsibilities, including but not limited to Subscription Fees, Transaction Fees, or Handling Fees, imposed by the Service Provider.
• Customers are responsible for obtaining the required licenses, including but not limited to, and agreeing to all terms provided by the Service Provider.
• ExchangeMerchant will assist customers in the integration and implementation of Third-Party Services. However, this service is provided on a "best effort" basis, and ExchangeMerchant cannot be held responsible for the security, quality, functionality, performance, and stability of the integration.

(F) Development Duration and Completion Date:

• The actual Development Duration and Completion Date will strictly adhere to the details specified in the latest official document issued by ExchangeMerchant (including, but not limited to, Invoice or Quotation) or official communication channels (including, but not limited to, email, SMS, and WhatsApp messages).

(G) Obligation and Guarantee Disclaimer:

• ExchangeMerchant is committed to expediting the development process. However, it is acknowledged that the actual Development Duration may vary based on features, the number of public holidays during the development period, or specific requirements. Any changes in requirements or unforeseen circumstances may impact the actual Development Duration. Thus, no guarantees are provided regarding the Development Duration or the Completion Date.

3. E-Commerce Solution Policy

The E-Commerce Solution adheres to all policies and terms outlined in Section 2 on Software Development Policy.

(A) Complimentary Services or Features for All E-Commerce Solution Packages:

• Human Resources Management
• Task Management System
• Unlimited Webmail Email with 5GB or 10GB Webmail Storage
• Domain Name and HTTPS SSL (Secure Sockets Layer)
• Refer to Section 4 on Complimentary Services Or Features for more.

(B) ExchangeMerchant's Commitment to 'Unlimited' Services/Features for All E-Commerce Solution Packages:

• Unlimited and no limit on the uploaded products.
• Unlimited and no limit on categories and sub-categories.
• Unlimited and no limit on SKUs (Stock Keeping Unit).
• Unlimited and no limit on product variants.
• Unlimited and no limit for Employee/Administrator Accounts.
• Unlimited and no limit for Customer Accounts.
• Unlimited Storage (excluding WebMail Storage).

(C) 'Unlimited' Services/Features Disclaimer:

• All the unlimited or no-limit services/features listed above are applicable for applications hosted on our server only.
• ExchangeMerchant does not impose limitations on any services/features listed in part B. However, limitations may arise due to server constraints for applications not hosted on our server.

(D) Server Performance and Resources:

• Refer to Section 12 on Website Performance And Server Resources for more.

(E) WebMail Email Services:

• All E-Commerce Solution Packages include complimentary Unlimited WebMail Accounts.

(F) WebMail Storage:

• Webmail Storage operates on a 'shared-pool' basis.
• Definition of Shared-Pool Storage: Customers will share the shared-pool basis storage with all of their internal Webmail Email Accounts.

(G) Free Domain:

• The provision of a free domain is exclusively applicable to domain types ending in (.com/.com.my/.my/.net/.biz). Charges will be applied for any other domain types not explicitly listed.

(H) Plan Specifications and Pricing:

For Premium Plan:

• First Time Price: RM1,000.00
• Renewal Price for 2nd Year Onwards: RM 480.00
• Webmail Storage: 5GB Total Shared-pool Storage
• Account Manager (AM) Support Included

For Premium+ Plan:

• First Time Price: RM2,300.00
• Renewal Price for 2nd Year Onwards: RM1,580.00
• Webmail Storage: 10GB Total Shared-pool Storage
• Account Manager (AM) and Service Director (SD) Support Included

4. Complimentary Services or Features

• Any Services/ Features that included in a package explicitly denoted as "Complimentary" or "Free" are provided in a 'Beta' or 'Pre-Launched' version (“Beta Version”).
• All Services or Features in Beta Version are provided "as is" and "as available" basis. ExchangeMerchant does not warrant that the Beta Version service will be uninterrupted and error-free.
• ExchangeMerchant reserves the right to cease or remove the Services/ Features within the Paid-Period ("Subscription") without any refund or compensation.

5. Software/ Website Content and Intellectual Property Rights

• ExchangeMerchant does not claim any intellectual property rights over your information, material and content that in your Website/Software and you retain ownership over and responsibility for all of the content in your Website/Software.
• However, you agree to grant ExchangeMerchant the non-exclusive right and licence to use your Website/Softwares's name, company's name, trademarks and content on our ExchangeMerchant website portal or in printed or online advertisements or other publications describing ExchangeMerchant Services.
• Also, you represent and warrant that you have all necessary rights to display and distributeyour Website/Software’s content whether as author or having possession of the requisite distribution rights, licenses or permission to use from the relevant owner(s).

6. Duties and Responsibility of Account Manager (AM)

• The Account Manager (AM) facilitates communication between ExchangeMerchant and the Customer, providing assistance and support for Subscription Related Issues, Technical Issues, Billing Issues, Renewal of Services, and Customer Satisfaction.Renewal of Services and Customer Satisfaction.
• Response Time: 30 - 48 hours (During Working Hours)
• Please note that all services and support provided by the Account Manager and Customer Services are on a "best-effort" basis.

7. Duties and Responsibility of Service Director (SD)

The Service Director (SD) assumes all responsibilities and duties of Account Managers, with additional roles:

• The SD, a Director-level contact, oversees the duties of the assigned Account Manager.
• Serving as a 2nd-level escalation point, the SD acts as dedicated support above the AM for account management.
• Response Time: Within a Maximum of 24 Hours.
• The Service Director also responsible to monitor the Error Logs and Faults Alerts from your Website/Software promptly.
• In case of any Error Logs or Faults Alerts, the Service Director will immediately collaborate with our Technical Department to rectify the issue.
• Please note that all services and support provided by the Account Manager, Service Director and Customer Services are on a "best-effort" basis.

8. Content

All services provided by ExchangeMerchant may only be used for lawful purposes. The laws of Malaysia apply. The CUSTOMER agrees to indemnify and hold ExchangeMerchant harmless from any claims resulting from the use of our services.

9. Customer Obligations

• Customer is obligated to comply with the current Malaysian laws and with all of the Terms of Service.
• Customer are required to cooperate with ExchangeMerchant during investigation of service outages, techncial issue, security problems, and/or any suspected breach of the Terms of Service.
• Customer is responsible for keeping account permissions, billing, and other account information up-to-date. Customer are obligated to pay the fees for the services within the period of time stated in the invoice to avoid suspension of service.

10. Termination of Your Service

• You may terminate your service at any time by emailing us at hello@exchangemerchant.my
• You agree that all fees paid are payable and fully earned upon your subscription, and non-refundable in whole or in part in any circumstances upon your termination of your account.
• For any cancellation or termination of ExchangeMerchant's Services, Customer must provide prior notice of at least 30 days before the expiry date shown on current renewal invoice.
• ExchangMerchant reserves the right to delete your Website/Software from our server (including, but not limited to emails and any data file associated with your use of the ExchangeMerchant's Services).

11. Privacy Policy

ExchangeMerchant values your privacy. You agree with and accept all the terms and conditions of our privacy policy at https://exchangemerchant.my/PrivacyPolicy

For your information, ExchangeMerchant employs Secure Socket Layers (SSL) to protect all your personal information. ExchangeMerchant uses designated processors to handle all credit card payments and does not store any credit card information in any format or record.

12. Website Performance and Server Resources

For Websites/Software Hosted on Our Server:

• Please note that website performance is subject to the usage of your Website/Software, and ExchangeMerchant cannot guarantee server/website performance.
• However, Customer may opt for a higher server specification (with an additional server subscription cost applied) to enhance website performance.
• Customers have the option to consider upgrading and migrating the server to our Hosting Partner's Server Hosting Plan. By doing so, Customer can delegate the server management access to us for the management and monitoring of the server and Website/Software on their behalf. (Server-Management Fees can be waived upon discussion and approval) *Subject to Approval.
• The Customer shall be responsible for any additional costs incurred as a result of server migration or server upgrade.
• For server migration to a provider other than our Hosting Partner or if server management is not handled by us, the Server and Application Release Procedure is required.
• Refer to Section 13 on Server And Application Management Release for the Release Procedure.

For Websites/Software Not Hosted on Our Server:

• Due to limited access, we provide limited assistance for websites/software applications not hosted on our server, and we do not have server management capabilities.

13. Server and Application Management Release

By releasing your Server and Application Management, you are acknowledged to the following terms:

• Once the Server and Application Management has been transitioned from 'Managed by ExchangeMerchant' to 'Self-Managed', this change cannot be reversed to 'Managed by ExchangeMerchant'.
• ExchangeMerchant will not provide any support for Server Management, once the Server and Application Management released.
• Some features committed by ExchangeMerchant might cease to function, and certain services (such as 'Unlimited' Service or Webmail Services) may no longer be available, as those Services/ Function are subjected to the capabilities of the new server.
• ExchangeMerchant will not be responsible for the data securrity that hosted on the new server as access to the data is beyond ExchangeMerchant's control.
• Customers are required to inform us in writing and submitting an official letter to request the management release with a signature. (An application form will be provided by ExchangeMerchant).

*To initiate the Server and Application Management Release, please reach out to your dedicated Account Manager (AM) or Service Director (SD) for more information and the actual procedure. They will conduct a Risk Assessment to finalizing the potential impacts on your services. *

14. Payment and Refund Policy

• ExchangeMerchant dispatches multiple email Invoices prior to the expiry date. Emails are issued as a courtesy to the Customer. Customer will maintain awareness of its usage levels, of the fees it owes ExchangeMerchant and the due dates. ExchangeMerchant will not accept the reason of late payment or no payment due to email not received.
• If payment is not received within 10 calendar days after the due date, the ExchangeMerchant's Services or account will be suspended, and may incur RM100.00 reconnection fee at ExchangeMerchant's discretion.
• If the ExchangMerchant's Services and account is suspended for over 10 calendar days, RM100.00 setup fee may be imposed, for instance if ExchangeMerchant needs to re-setup an entire application for the Customer.
• All the files, documents, data, Website/Software applcation may be deleted or removed from our server if they have spent 10 or more calendar days in a suspended state.
• Any discrepancy or dispute in invoice or payment made must be reported to ExchangeMerchant within 30 days after payment is made. ExchangeMerchant will not accept any dispute in payment made after 30 days.
• Customers are responsible for ensuring that all payments made (including but not limited to online transfers, cash deposits, and cheques) are directed to the correct official bank account of ExchangeMerchant. Payments should NOT be made to any account other than our Official Bank Account (including our employees' personal bank accounts).
• Customers should be aware that ExchangeMerchant does not use any other bank account (Including our employee's personal bank account) to collect fees on our behalf.
• Customers acknowledge that ExchangeMerchant may not receive the payment if it is not made to ExchangeMerchant's Official Bank Account. Failure to make payments to the correct account may result in non-receipt of payment by ExchangeMerchant, and it could lead to the application of suspension measures.
• ExchangeMerchant maintains a strict no refund policy and does not provide refunds for all paid amount.

For each Payment Method, there will be a handling fees. The fees are:

• Bank Transfer/ Cheque Deposit (From Customer end)/ Cash Deposit (Manual Update): RM0.00;
• Local Credit Card: 2.00% of the total order amount;
• Local Debit Card: 1.20% of the total order amount;
• Foreign card: 2.80% of the total order amount;
• Online Banking (FPX CASA from Personal Account): RM1.20;
• Online Banking (FPX CASA from Company Account): RM2.50;
• Online Banking (FPX CredtiCard from Personal Account): RM1.00 + 1.50% of the total order amount;
• Online Banking (FPX CredtiCard from Account Account): RM1.50 + 1.50% of the total order amount;
• GrabPay: 1.30% of the total order amount;
• Touch 'n Go eWallet: 1.30% of the total order amount;
• ShopeePay: 1.30% of the total order amount;

ExchangeMerchant's Official Payment Bank Account:

• Bank Name: Malayan Banking Berhad (MayBank)
• Account Number: 562843567123
• Account Holder Name: Exchainge Merchant Concept Resources
• Do note that the 'Exchange' spell as 'Exchainge'. There should be a extra 'i' applicable.

15. Warranty

(A) ExchangeMerhchant's Services are provided on an "as is" and "as available" basis. ExchangeMerchant makes no express or implied warranties, including without limitation warranties of title, non-infringement, merchantability, or fitness for a particular purpose. No advice provided by ExchangeMerchant or any of its representatives will create a warranty. Without limiting the foregoing ExchangeMerchant gives no warranty:

• That the ExchangeMerchant and its other software or services will be error-free or uninterrupted;
• Regarding uptime, use, data security, accuracy and reliability of ExchangeMerchant Services;
• That our security procedures will prevent the loss of, alteration of, or improper access to your information;
• In relation to any third party offerings or products available via ExchangeMerchant's Services;
• In relation to the availability of external sites or resources (normally provided in ExchangeMerchant's Services), or for any of its content, advertising, products or other materials.

(B) ExchangeMerchant provides domain name registration and renewal services only as a value added service to those ExchangeMerchant's Services that managed by us. It is your responsibility to ensure that your domain(s) are renewed on time. ExchangeMerchant does not guarantee successful renewal of domain(s) once the domain goes into the domain redemption period.

(C) Customer are responsbile for the accuracy of the data calculation and ExchangeMerchant will not be responsbile on any looses that caused by the application that we developed.

(D) Customers are responsible for ensuring the accuracy of data calculations before any use of the data. ExchangeMerchant will not be held responsible for any losses incurred due to inaccuracies in the application that we have developed.

16. Indemnification

Customer agrees that they shall indemnify ExchangeMerchant harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against ExchangeMerchant, its agents, its Customer, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ExchangeMerchant against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with ExchangeMerchant;
• Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
• Any copyright infringement;
• Any defective products sold by Customer (using the Website/Software that ExchangeMerchant developed or hosted in our ExchangeMerchant's server)

17. Limitation of Liability

To the widest extent permitted by law, ExchangeMerchant (including its directors, officers, employees and agents) shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential or other damages arising out of or in connection with your use of ExchangeMerchant's Services (however arising, whether as a result of your contractual relationship with ExchangeMerchant or negligence).

18. Force Majeure

ExchangeMerchant's delay in or non-performance of any duties or obligations under these Terms of Services will not be considered a breach of these Terms of Services if such delay or non-performance is caused by a labour disputes, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond our control.

19. Notification

You consent to receive any notices in connection with ExchangeMerchant, ExchangeMerchant's Services or these Terms of Service by our official commication channel (Either by email, SMS, Whatsapp Message).

20. Contact Information

Should you have any questions or concerns in relation to our Terms of Service, kindly contact us during office hours (between 9am to 6pm, Monday to Friday, UTC +8) at the following contact points:

• Email: hello@exchangemerchant.my
• Alternatively, you may reach out to your respective Account Manager or Service Director.