The terms and conditions of this Agreement are binding on all Subscribers and a Subscriber shall also be deemed to have contracted with all other Subscribers and are bound by the terms and conditions of this Agreement.
All prior representations whether made orally, in writing or electronically are hereby superseded. No waiver or amendment of any of the provisions hereof will be binding unless such waiver or amendment is made in writing and signed by a duly authorised representative of MFT. Neither the course of conduct between the parties nor trade usage will act to modify or alter the provisions of this Agreement.
The terms and conditions in this Agreement may be varied or amended by MFT from time to time. Subscriber are responsible to read from time to time.
If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, such provision is deemed deleted and this Agreement shall remain valid and enforceable apart from such provision.
In this Agreement, except where inconsistent with the subject or context:
(a) “MFT” means Mobile Force Technology Sdn Bhd. a company incorporated in Malaysia and having its office address at No. 39-03-01, Lorong Batu Nilam 1A, Bandar Bukit Tinggi, 41200 Klang, Selangor, Malaysia.
(b) “EDI Messages” means data structured in accordance with an agreed international standard in a computer readable format and transmitted by electronic, optical or wireless means through the Services provided by MFT’ network or any services provided by any third party for the transmission, receipt and retrieval of Messages in connection with the Subscriber’s trading activities.
(c) “Messages” means both EDI Messages and Other Messages.
(d) “Other Messages” means unstructured data electronically transmitted through the Services provided by MFT’ network or any services provided by any third party for the transmission, receipt and retrieval of Messages in connection with the Subscriber’s trading activities and shall include but not be limited to data received and transmitted through the bulletin board service, database access service, flat file transfers, wireless applications and other internet related services.
(e) “Services” means any or all, as the context requires, of the network services provided through MFT’ network for the transmission, receipt and retrieval of Messages or any services provided by any third party for the transmission, receipt and retrieval of messages in connection with the Subscriber’s trading activities and shall include additional services offered by MFT to the Subscriber from time to time.
(f) “Subscriber” means any sender/recipient/Member utilising the Services for the transmission, sending, receipt or retrieval of Messages.
(g) “Trade Data Log” means the log or audit trail recording at any given time, the transaction or transmission pertaining to the Subscriber’s trading activities.
(h) “User ID/EDI Number” means a unique identification provided by MFT to the Subscriber or Member which enables the Subscriber or Member to access the Services.
(i) “Member” means any organization who is a member and participates in a Community System.
(j) “Community System” means the network system established by MFT for any particular trading community on or through which any or all of the Subscribers transmit Messages in connection with their trading activities.
(k) “Equipment” means the computer equipment, components and parts of components, licensed programmes, EDI mailbox and hand held devices owned by the Subscriber for access, transmission, retrieval, storage and use of the Services.
In this Agreement:
(a) Persons shall include any body of persons, whether corporate or unincorporated, firm or partnership.
(b) Words importing the masculine gender shall include the feminine and neuter genders.
(c) Words importing the singular shall include the plural.
(d) Headings are for convenience of reference only.
The Subscriber agrees that as a Member or otherwise, the Subscriber agrees to comply with the Rules and Regulations for Electronic Data Interchange as described in Schedule 1.
The Subscriber shall pay all fees and charges to MFT’ as set out in Schedule 2 products and services price list annexed hereto. For more info, please click the following “Service Agreement (SA)”
The Services provided by MFT may be modified, enhanced, substituted, suspended or removed by MFT by giving 30 days notice to the Subscriber prior to such modifications, enhancements, substitutions, suspensions or removals be made.
Any Services may be suspended by MFT at the request of the Subscriber for such a period of time as requested by the Subscriber and agreed by MFT.
Should the Subscriber agree to resume the Services, the Subscriber shall be subject to a reactivation or renewal fee as prescribed by MFT from time to time. The Subscriber is further not guaran- teed the same account number, ID, password & pricing.
The Services shall be made available on a 24 hours per day basis subject to non-availability for maintenance, power cuts, Equipment malfunction and force majeure. MFT shall endeavour to give reasonable notice to the Subscriber of any interruption to the availability of the Services.
MASSAGE AND STANDARD
All Messages shall be structured and transmitted in accordance with the protocols and standards as adopted by MFT from time to time and notified to the Subscriber.
MFT shall as far as reasonably practicable take all appropriate steps as to safeguards and ensure that, the part of the network under its control, is protected against unauthorized access at all times.
Subscriber shall be responsible :
(a) to ensure that Messages are secure and that there is no unauthorized access to or unauthorized use of the Equipment, i.e. the Equipment is solely for private use only.
b) to ensure the confidentiality of the Messages
A Subscriber who receives a Message protected by encryption shall use a similar level or standard of protection.
STORAGE OF TRADE LOG
Subscriber shall maintain Trade Data Logo fall Messages for a period of at least seven (7) years from the date of receipt by its computer systems of such messages.