Term of Service
Fee Plus PLT (“FeePlus”) located at 17, Jalan Anggerik Vanilla 31/98K, Kota Kemuning Seksyen 31, 40460 Shah Alam, Selangor, Malaysia provides a software solution under the brand FeePlus that enables you to manage your business (“Business”) fee collection, schedules, appointments, passes, invoices and financial report (“FeePlus Services”).
By signing up for FeePlus Services, you acknowledge that you have read and understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto (“Terms of Service”). IF DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT PROCEED WITH SIGNING UP.
Eligibility
FeePlus Services are available only to and may only be used by individuals who can form legally binding contracts under the applicable law of the jurisdiction in which they reside. Without limiting the foregoing, FeePlus Services are not available to persons under the age of EIGHTEEN (18) YEARS.
These Terms of Service are binding on you, the user, and such person, company or other business entity (“principal” or “employer”) you represent. If you are registering on behalf of your principal or employer, you represent and warrant that you have the authority to bind them to these Terms of Service. Unless the context requires otherwise, all references to “you” or “your” include references to your principal or employer.
FeePlus uses many techniques to verify the accuracy of information provided when registering for FeePlus Services and reserves the right to terminate the provision FeePlus Services to you if it believes for any reason that such information may be incorrect.
Features and Services
FeePlus Services’ features (excluding payment gateway services and third party plug-ins) are listed on the FeePlus official website and are available according to the package you sign up for. For full details, please refer to our webpage at https://feeplus/pages/pricing.
FeePlus will inform you by email of important information such as service outages, updates, modifications or new developments to FeePlus Services and any changes to these Terms of Service.
FeePlus may within THIRTY (30) DAYS’ notice to you:
Modify or discontinue any or all aspects of the FeePlus Services or restrict your use of FeePlus Services in whole or in part for any reason at our convenience; or
Change our pricing or these Terms of Service.
If you find any change unacceptable, you may cancel your account (please see Section 6 below on the cancellation of accounts). Your continued use of FeePlus Services after the coming into force of the change (expiry of the notice) constitutes your continued acceptance of the Terms of Service as amended.
FeePlus maintains a strict no refund policy and does not provide refunds.
Customer Content and Intellectual Property Rights
FeePlus does not claim any intellectual property rights over your information or material submitted to FeePlus Services and you retain ownership over and responsibility for your Business’s content.
However, you agree to grant FeePlus the non-exclusive right and licence to use your Business’ name, trademarks and content on our FeePlus website or in printed or online advertisements or other publications describing FeePlus Services.
Also, you represent and warrant that you have all necessary rights to display and distribute your Business’ content whether as author or having possession of the requisite distribution rights, licenses or permission to use from the relevant owner(s).
“FeePlus” and its logos are trademarks of FeePlus and the compilation, collection, selection, arrangement, assembly and coordination of all content available on the FeePlus website are the exclusive copyright of FeePlus.
You acknowledge that these Terms of Service does not grant you any title or proprietary right or interest over FeePlus Services’ software and technology, and any other software solutions or services provided by FeePlus. You shall not perform or attempt to perform any of the following actions:
Subleasing or otherwise offering for access any of the FeePlus Services to any third parties;
Reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of FeePlus Services’ software and technology; or
Deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner).
User Restrictions and Indemnity
You shall not use FeePlus Services in any manner that, as determined by FeePlus in its reasonable discretion, whether actual or potential:
Involves false, inaccurate or misleading advertisement, is fraudulent or involves the sale of counterfeit or stolen goods;
Infringes or misappropriates any person’s copyright, patent, trademark, trade secret or other proprietary rights;
Violates any law, statute, ordinance, regulation, governmental guideline or policy in your jurisdiction or in Malaysia;
Displays content that is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person or otherwise infringes the requirements of the Content Code published by the Malaysian Communications and Multimedia Commission. Without limiting the foregoing, this shall include content that is defamatory, trade libellous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
Display material containing pornography of any kind or any that exploits children under age of eighteen (18) years; or
Displays content advocating, promoting or otherwise encouraging violence against any governments, organizations, groups or individuals or cruelty towards animal or that provides instruction/information or assistance in carrying out the same;
Accesses illegally or without authorisation any computers, servers, accounts or networks of FeePlus or any other FeePlus users, or attempts to hack into FeePlus’ security systems, having FeePlus host or distribute any internet viruses or other harmful code, pinging, flooding, mail bombing or denial-of-service attacks, or disrupting others from effectively using FeePlus Services;
Involves the transmission of unsolicited commercial or bulk email (spamming) whether from or to FeePlus servers;
Participates in any activities relating to pyramid or ‘Ponzi’ schemes;
Is harmful to FeePlus servers (including without limitation overloading the FeePlus Services’ servers or other technical infrastructure);
Involves activities in the nature of gambling, sweepstakes, raffles or lotteries; or
Otherwise creates liability for FeePlus or its affiliates or contractors or exposes them to undue risk or otherwise is harmful to the FeePlus operations, reputation, or goodwill.
Where your intended use of FeePlus Services require any licence, consent, authorisation, permission or approval from any government, governmental, supranational or trade agencies, courts or other regulatory body (“Licence(s)”), you agree not to operate such business via FeePlus without having first obtained the appropriate Licence(s).
You agree that your use of FeePlus Services including information transmitted to or stored at FeePlus servers are governed by our privacy policy at https://fee.plus/pages/privacy
You agree to indemnify and hold FeePlus, its suppliers, advertising and promotional partners, and service providers including their respective officers, directors, agents, and employees harmless from any and all losses, costs (including reasonably legal costs and expense), liabilities or other expenses incurred or arising from;
Your breach of any provision of these Terms of Service (including without limitation, from any infringement or misappropriation of any person’s copyright, patent, trademark, trade secret or other proprietary rights); and
Your use of FeePlus Services (including without limitation, from any of your Business’ content or any claims arising from the sale goods or services on your Business).
Privacy Policy
FeePlus values your privacy. You agree with and accept all the terms and conditions of our privacy policy at https://fee.plus/pages/privacy
For your information, FeePlus employs Secure Socket Layers (SSL) to protect all your personal information. FeePlus uses designated processors to handle all credit card payments and does not store any credit card information in any format or record.
Cancellation of Your Account
You may cancel your account at any time by emailing us at support@fee.plus.
However, you are liable for the charge(s) for the 12 months during which you have cancelled your account.
Upon cancellation, FeePlus may delete any data file associated with your use of the FeePlus Services.
Site Content Modification and Termination of Service
FeePlus may make changes to your Business to rectify the infringing content if you breach any of the provisions of these Terms of Service and:
You fail to remedy it within the time period set out in our email notification to you; or
You fail to conform to the instructions in our notification to our absolute satisfaction.
You agree that FeePlus shall not be liable for any damage, foreseeable or unforeseeable, direct or indirect, that may result from the changes made to your Business under this section 7.1.
FeePlus reserves the right to discontinue your use of any or all aspects of FeePlus Services without prior notice if we have determined in our reasonable discretion that:
You have breached any provision in our Terms of Service (including without limitation, if we receive information that your use of FeePlus Services is in violation of any third party’s intellectual property or other proprietary rights); or
It is necessary for security reasons or for the proper continuance of the operations of FeePlus Services;
You are not using FeePlus Services for a legitimate business purpose.
If at any time FeePlus is unable to charge your credit card (e.g. your credit card information provided has expired) or if you otherwise fail to make any payment due to us, and fail to remedy the same within FORTEEN (14) DAYS’ from our notice, we may discontinue your use of any or all aspects of FeePlus Services.
In the event FeePlus discontinues your use of FeePlus Services entirely for reasons of sub-sections 7.2(a), (c) or section 7.3;
You agrees not to re-register for or otherwise obtain access to FeePlus Services without our written approval; and
FeePlus reserves the right to delete your account (including any data file associated with your use of the FeePlus Services).
Disclaimer of Warranties
FeePlus provides software solutions on an “as is” basis and, to the widest extent permitted by law, expressly disclaims any and all implied or statutory warranties, including the warranties of reasonable care and skill, merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. Without limiting the foregoing FeePlus gives no warranty:
That the FeePlus and its other software or services will be error-free or uninterrupted;
Regarding uptime, use, data security, accuracy and reliability of FeePlus 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 FeePlus Services;
In relation to the availability of external sites or resources (normally provided in FeePlus Services), or for any of its content, advertising, products or other materials.
You acknowledge and agree that this is a reasonable and an essential element of these Terms of Service and that in its absence, the economic terms of these Terms of Service would be substantially different.
Limitation of Liability
To the widest extent permitted by law, FeePlus (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 FeePlus Services (however arising, whether as a result of your contractual relationship with FeePlus or negligence).
Notice
Any notices in connection with FeePlus Services or these Terms of Service will be sent by FeePlus to your email provided to us during registration. The notice will be deemed to have been received on the day it is sent out from our electronic mail server.
Assignment
You may not assign, transfer or delegate your account or any rights or obligations under these Terms of Service.
Governing Law
These Terms of Service shall be governed by and construed according to the laws of Malaysia.
Force Majeure
FeePlus’ 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.
Miscellaneous
These Terms of Services does not create any relation of agency, partnership, joint venture, employee-employer or franchiser-franchisee between you and FeePlus.
These Terms of Service, our Privacy Policy and our terms and conditions set out at https://fee.plus/pages/pricing represent the complete agreement between you and FeePlus, and supersedes all prior agreements and representations.
If any provision of these Terms of Services is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. In particular, and without limitation to the foregoing, any provision that potentially violates the provisions of the Consumer Protection Act 1999 (in particular Part IIIA – “Unfair Contract Terms”) shall be read to include the qualifying phrase “to the widest extent permitted by law”.
No failure or delay on the part of FeePlus to exercise any right or remedy under these Terms of Service shall operate as a waiver thereof.