Hasan Tech Solution (M) Sdn. Bhd.
No. 17-03, Jalan Maison 2, Pusat Perdagangan Maison 2, Persiaran Anggun Ria, 48000 Rawang, Selangor, Malaysia
Company Reg. No.: 202201047403 (1493100-W)
Email: chandru@hasantech.my | Phone: +60 11-2384 1096
1. Introduction
1.1 These Terms of Service (“Terms”) govern your access to and use of the services, website and materials provided by Hasan Tech Solution (M) Sdn. Bhd. (“Hasan Tech”, “we”, “us” or “our”). By using our website, engaging our services, or entering into a service agreement with Hasan Tech, you agree to be bound by these Terms.
1.2 If you enter into a separate written agreement with Hasan Tech that expressly supersedes these Terms in whole or in part (a “Service Agreement”), the Service Agreement will govern to the extent of any inconsistency.
2. Definitions
In these Terms, unless the context otherwise requires:
- “Customer”, “you” or “your” means the person, company or organisation who purchases services from Hasan Tech or uses our website.
- “Services” means the telecommunications, infrastructure, fibre deployment, technology, underground utilities, logistics, managed and other services provided by Hasan Tech.
- “Deliverables” means any reports, designs, drawings, software, documentation, test results or other work product that we deliver under a Service Agreement.
- “SLA” means any service level agreement agreed in writing between Hasan Tech and the Customer.
3. Scope of Services
3.1 Hasan Tech provides Services as described on our website and in any Service Agreement or proposal. Each engagement is subject to the scope, fees, schedule and terms set out in the applicable Service Agreement, proposal or purchase order.
3.2 We will perform Services using reasonable skill and care, in accordance with good industry practice and applicable laws and regulations. Specific technical standards and acceptance criteria may be agreed in the Service Agreement or project documents.
4. Proposals, Orders & Acceptance
4.1 All quotations and proposals are valid for the period stated therein or, if no period is stated, for 30 days from issuance, unless withdrawn earlier.
4.2 A Service Agreement is formed when Hasan Tech issues a written acceptance of an order, or when both parties sign a written agreement. Oral orders or instructions will only be binding if confirmed in writing by Hasan Tech.
4.3 Any variations to scope, schedule or price requested by the Customer will be treated as a change order and may affect the schedule and fees.
5. Fees, Invoicing & Payment
5.1 Fees for Services will be set out in the applicable Service Agreement, proposal or quotation. Unless otherwise agreed, fees are exclusive of taxes, duties and levies which will be payable by the Customer.
5.2 Unless otherwise agreed in writing, Hasan Tech will invoice the Customer according to the milestones or schedule in the Service Agreement. Invoices are payable within the time specified on the invoice or within 30 days of the invoice date, whichever is shorter.
5.3 Late payments accrue interest at the rate permitted by law (or, if no rate is specified, at 1.5% per month) from the due date until paid. The Customer will be responsible for all reasonable costs of collection, including legal fees.
5.4 Hasan Tech may suspend or withhold Services if invoices are overdue, without liability for any losses arising from that suspension.
6. Customer Obligations
6.1 The Customer must: (a) provide Hasan Tech with all necessary cooperation, information, approvals and access to sites, systems and personnel; (b) ensure site safety, permits and regulatory approvals unless otherwise agreed; and (c) provide timely decisions, inspections and acceptance testing.
6.2 Where site access, wayleave, permits or third-party approvals are required, any delay in obtaining these shall extend the project schedule and may incur additional charges.
6.3 The Customer shall ensure the accuracy and completeness of any data, documentation or specifications supplied to Hasan Tech.
7. Subcontractors & Third Parties
7.1 Hasan Tech may, at its discretion, engage subcontractors, suppliers and third-party service providers to perform any part of the Services. Hasan Tech remains responsible for the performance of such subcontractors to the same standard as if the Services were performed directly.
7.2 The Customer agrees that third-party products, software or services used or recommended by Hasan Tech may be subject to separate licence or terms imposed by the third party.
8. Intellectual Property
8.1 Unless otherwise agreed in writing, Hasan Tech retains ownership of all pre-existing intellectual property rights and any intellectual property created or developed by Hasan Tech in the performance of the Services (“Hasan Tech IP”).
8.2 Upon full payment of all fees due, Hasan Tech grants the Customer a non-exclusive, non-transferable licence to use the Deliverables solely for the Customer’s internal business purposes, subject to any restrictions specified in the Service Agreement.
8.3 The Customer grants Hasan Tech a licence to use the Customer’s intellectual property (for example, site plans, logos or specifications) as necessary to perform the Services.
8.4 The Customer must not remove or alter any intellectual property notices on Deliverables. Any third-party software or components included in Deliverables remain subject to their respective licences.
9. Confidentiality
9.1 Each party shall keep confidential and not disclose any confidential information of the other party except to its employees, subcontractors and professional advisers who need to know and who are bound by confidentiality obligations.
9.2 Confidential information excludes information that: (a) is or becomes public without breach; (b) was rightfully in the recipient’s possession prior to disclosure; or (c) is independently developed without use of the other party’s confidential information.
9.3 These confidentiality obligations survive termination of the agreement for a period of five (5) years (or longer if required by law).
10. Warranties & Disclaimers
10.1 Hasan Tech warrants that it will perform the Services with reasonable skill and care and in accordance with applicable laws and industry practice.
10.2 Except as expressly set out in these Terms or a Service Agreement, all other warranties, representations or conditions (whether express or implied, statutory or otherwise) are excluded to the fullest extent permitted by law.
10.3 The Customer acknowledges that telecommunications and infrastructure projects depend on third parties and site conditions; therefore, Hasan Tech does not warrant uninterrupted service, nor does it guarantee results beyond the agreed acceptance criteria.
11. Liability & Indemnity
11.1 Subject to clause 11.4, Hasan Tech’s aggregate liability for any claim arising out of or in connection with these Terms or Services shall be limited to the greater of: (a) the total fees paid by the Customer under the relevant Service Agreement in the twelve (12) months preceding the claim; or (b) MYR 100,000 (one hundred thousand ringgit), unless a higher cap is expressly agreed in writing.
11.2 Neither party shall be liable to the other for any indirect, special, incidental or consequential loss, including loss of profit, revenue or business opportunity, except to the extent such losses arise from gross negligence, wilful misconduct or fraud.
11.3 The Customer shall indemnify and hold Hasan Tech harmless from and against any loss, damage, liability, cost or expense (including reasonable legal fees) arising from the Customer’s negligence, breach of these Terms, inaccurate data, failure to obtain necessary permits or any third-party claims resulting from the Customer’s instructions.
11.4 Nothing in these Terms limits liability for death or personal injury caused by a party’s negligence, or liability that cannot be excluded under applicable law.
12. Insurance
12.1 Hasan Tech will maintain insurance coverage customary for its industry and operations, including public liability and professional indemnity insurance, at levels reasonable for the scope of the Services. Specific insurance requirements may be agreed in the Service Agreement.
13. Termination & Suspension
13.1 Either party may terminate a Service Agreement for material breach if the breach is not remedied within thirty (30) days of written notice.
13.2 Hasan Tech may suspend Services or terminate the Service Agreement with immediate effect if the Customer fails to pay undisputed invoices within the agreed payment period, or if continued provision of Services would cause Hasan Tech to be in breach of law or regulation.
13.3 On termination, the Customer shall pay for all Services performed and expenses incurred to the date of termination, together with any reasonable demobilisation costs.
13.4 Clauses relating to payment, confidentiality, intellectual property, limitation of liability and indemnities shall survive termination.
14. Force Majeure
14.1 Neither party shall be liable for failure or delay in performing obligations caused by events beyond its reasonable control, including acts of God, industrial action, war, embargoes, pandemics, natural disasters, acts of government, failure of suppliers or telecommunications providers, or other force majeure events. The affected party shall notify the other and use reasonable efforts to mitigate the effect.
15. Data Protection & Privacy
15.1 Each party shall comply with applicable data protection and privacy laws (including the Malaysian PDPA where applicable). Hasan Tech’s data handling is described in its Privacy Policy, which forms part of these Terms by reference.
15.2 To the extent Hasan Tech processes personal data on the Customer’s behalf, the parties will enter any additional data processing terms required by law or good practice.
16. Third-Party Services & Links
16.1 Services may require third-party products, licences or services (for example, equipment, cloud platforms, Google Maps, WhatsApp). The Customer is responsible for any third-party fees and for complying with third-party terms. Hasan Tech is not responsible for third-party services beyond the scope of any Service Agreement.
17. Changes to Services & Terms
17.1 Hasan Tech may update these Terms from time to time. Material changes will be communicated via our website or direct notice. Continued use of our website or Services after changes constitutes acceptance of the revised Terms.
17.2 Any changes to Services, scope, schedule or pricing will be agreed in writing and, where necessary, by an amendment or change order.
18. Dispute Resolution
18.1 The parties shall attempt to resolve any dispute arising out of or in connection with these Terms by good faith negotiations between senior representatives.
18.2 If the dispute cannot be resolved by negotiation within thirty (30) days, the parties may refer the matter to mediation or mutually agreed alternative dispute resolution. Where resolution is not achieved, either party may commence proceedings in the courts of Malaysia.
19. Governing Law & Jurisdiction
These Terms and any Service Agreement are governed by and construed in accordance with the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction to resolve disputes arising under these Terms, save where another jurisdiction is expressly agreed.
20. Assignment
20.1 The Customer may not assign or transfer its rights or obligations under a Service Agreement without Hasan Tech’s prior written consent.
20.2 Hasan Tech may assign or novate its rights and obligations to an affiliated company or third party provided that such assignment does not materially reduce the Customer’s rights under the Service Agreement.
21. Notices
All notices under these Terms must be in writing and sent to the addresses or emails set out at the head of these Terms or as otherwise notified. Notices are effective upon receipt (or, if sent by email, upon acknowledgement of receipt).
22. Severability & Waiver
22.1 If any provision of these Terms is held to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect and, where possible, the parties shall negotiate a valid provision to replace the invalid one that gives effect to the parties’ original intention.
22.2 No failure or delay by either party to exercise any right under these Terms will constitute a waiver of that right.
23. Entire Agreement
These Terms, together with any Service Agreement, proposals, statements of work and the Privacy Policy, constitute the entire agreement between the parties in respect of the Services and supersede all prior agreements and understandings.
24. Contact
For enquiries about these Terms or to request copies of Service Agreements or policies, contact:
Hasan Tech Solution (M) Sdn. Bhd.
Email: chandru@hasantech.my
Phone: +60 11-2384 1096
Address: No. 17-03, Jalan Maison 2, Pusat Perdagangan Maison 2, Persiaran Anggun Ria, 48000 Rawang, Selangor, Malaysia
Acknowledgement
By engaging Hasan Tech or using our website and Services, you acknowledge that you have read, understood and agreed to be bound by these Terms of Service.