Subscriber Agreement

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.

This Agreement, including the Schedules, contains the complete and exclusive understanding of the parties concerning the subject matter hereof and becomes effective (“Effective Date”), upon agreed on the terms and conditions as per these agreements by the Subscriber to MCDS. BY USING THE SITE OR ANY SERVICES AND PRODUCTS, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE OR ANY SERVICES AND PRODUCTS.

All prior representations whether made orally, in writing, or electronically are hereby superseded.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 authorized representative of MCDS. 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 MCDS from time to time. Subscribers 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:

  • “MCDS” means MCDS Technologies Sdn Bhd. a company incorporated in Malaysia and having its office address at Jalan Pendamaran, Bayuemas, 42000 Pelabuhan Klang, Selangor.
  • “Subscriber” means the client or respective party which been using MCDS services.
  • “Services” means any or all, as the context requires, of the software services provided through the MCDS management system and cloud services which is not involved with other vendors.
  • “Equipment” means the computer equipment, components and parts of components, licensed programs and hand held devices owned by the Subscriber for access, transmission, retrieval, storage, and use of the Services.
  • “Content” means the subscriber’s own data within the usage of services provided by MCDS Technologies Sdn Bhd.

In this Agreement:

Persons shall include any body of persons, whether corporate or unincorporated, firm, or partnership.
Words importing the masculine gender shall include the feminine and neuter genders.
Words importing the singular shall include the plural.
Headings are for the convenience of reference only.

The Subscriber shall pay all fees and charges to MCDS as set out in the products and services price list annexed hereto. Please read the following “Service Agreement (SA)” for more info.

The Services provided by MCDS may be modified, enhanced, substituted, suspended, or removed by MCDS by giving 30 days’ notice to the Subscriber before such modifications, enhancements, substitutions, suspensions, or removals be made.

Any Services may be suspended by MCDS at the request of the Subscriber for such a period as requested by the Subscriber and agreed by MCDS.

Should the Subscriber agree to resume the Services, the Subscriber shall be subject to a reactivation or renewal fee as prescribed by MCDS from time to time. The Subscriber is further not guaranteed 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. MCDS shall endeavour to give reasonable notice to the Subscriber of any interruption to the availability of the Services.

Subscriber may not transfer outside the Services any software (including related documentation) you obtain from us or third-party licensors in connection with the Services without specific authorisation to do so.

Subscriber will ensure that all information you provide to us via billing.mcdsbhd.com (e.g., the information provided in connection with your registration for the Services, requests for services) is accurate, complete, and not misleading.

SECURITY

MCDS shall as far as reasonably practicable take all appropriate steps to safeguards and ensure that the part of the network under its control, is protected against unauthorized access at all times. use your Account Information by the Privacy Notice, and you consent to such usage. The Privacy Notice does not apply to Your Content.

Subscriber shall be responsible :

To ensure that at all time that Subscribers are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees, or a third party (including your contractors, agents, or End Users), and we are not responsible for unauthorized access to your account.

To ensure that Content is secure and that there is no unauthorized access to or unauthorized use of the Services, i.e. the Services are solely for private use only. to ensure the confidentiality of the Content

Log-In Credentials. log-in credentials of the Services are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.

MISCELLANEOUS

Force Majeure. MCDS will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war