This Service Agreement is made on 03-Feb-2023 made and entered into by and between:
1) , a business incorporated in Malaysia (hereinafter referred to as “the Carrier”) of the first part: and
2) SPOTS LOGISCTICS (Business Reg. No. PG0436058-M), with principal business address at Lot 22, Lorong Perusahaan 4, Kawasaan Perusahaan Kulim, 09000 Kulim, Kedah. (hereinafter referred to as “the Service Provider”) of the second part.
A. The Service Provider is involved in the business of providing platform/ portal to the Carrier to list and/or publish their services to the users of the platform/ portal.
B. The Carrier desires to appoint and engage the Service Provider to provide platform/ portal to the Carrier to list and/or publish their services to the users of the platform/ portal (hereinafter referred to as ‘the said Service’) upon and subject to the terms and conditions herein contained.
NOW THEREFORE, for and in consideration of the foregoing premises and of the terms and conditions hereinafter set forth, the parties hereto have agreed, as they do hereby agree, to contract as follows:-
1. APPOINTMENT OF THE SERVICE PROVIDER FOR THE SERVICE
1.1 The Carrier hereby appoints the Service Provider to provide platform/ portal to the Carrier to list and/or publish their services to the users of the platform/ portal (hereinafter referred to as ‘the said Service’) commencing Effective Date until the Agreement is terminated and the Service Provider hereby accepts such appointment upon and subject to the terms and conditions herein contained.
1.2 The Service provided in the platform known as Spots Logistics shall include the following services:
1.3 This Agreement is effective commencing the Effective Date.
2.1 In consideration of the Service of the Service Provider, the Service Provider shall be entitled to the following payment:-
3. THE CARRIER’S COVENANTS
3.1 The Carrier shall pay all the Consideration as stipulated in paragraph 2.1 above.
3.2 The Carrier understand and agreed to the following terms:
3.3 Therefore, the Carrier shall take proper records of his/her passwords, and periodically backup data and/or profile.
3.4 The Carrier shall be responsible for the transportation charges for any sale of services.
3.5 Carrier shall indemnify the Service Provider against any losses and/or damages incurred due to illegal and/or defective products of the Carrier.
3.6 The Carrier shall ensure his compliances to regulations under Personal Data Protection Act 2010 and Anti Money Laundering Act 2001.
3.7 The Carrier is strictly prohibited to disclose the Confidential Information pertaining to this Agreement to any unauthorised third party.
3.8 The Carrier shall adhered to the following Cancellation Policy:
|E-Mail notification of job received.||Carrier has 2 working hours on working days (i.e. 9am - 5pm, Working Monday - Friday) to accept or reject job. Jobs are automatically considered accepted after 2 hours of the notification.|
|After acceptance, before pickup||Carriers are free to cancel job. However, Spots will reserve the rights to remove carrier from platform,|
Carriers reserves the right to refuse service if:
Spots Logistics will not bear any responsibility to any liability or collection of the payment if the carrier decides to proceed with the shipment if there are any discrepancies of the cargo details and description.
It is the responsibility of the carrier to ensure the accuracy of the cargo description and details.
No cancellation of services accepted.
Carriers must complete the job. Unless for valid reasons which must be communicated to Spots Logistics
|CARRIER WILL NOT RECEIVE ANY AMOUNT OF PAYMENT FOR ANY CANCELLED JOB DURING ANY PART OF THE PROCESS.|
4. SERVICE PROVIDER’S COVENANTS
The Service Provider is providing the following entitlements alongside the license of using the Service’s platform:-
5. SUSPENSION AND TERMINATION OF SERVICE
5.1 Without prejudice to any other rights and remedies which the Service Provider may possess, if:-
Then the Service Provider may terminate this Agreement by giving seven (7) days’ notice in writing to the Business.
5.2 Subject to clause 5.1 above, either party may terminate this Agreement by giving another party sixty (60) days notice whereby there shall be no refund in whatsoever manner upon the termination.
6. FORCE MAJEURE
Any party shall not be in breach of this Agreement, or otherwise be liable to the other party by reason of any delay in performance, or non-performance of any of the obligations hereunder to the extent that such delay or non-performance is due to any of the following Force Majeure events:
In the event any of the events set outabove shall prevail for a period of three (3) months or more, parties shall enter into bona fide discussions with a view to alleviating its effects, or to agreeing upon such alternative arrangements as may be fair and equitable.
7. SERVICE OF NOTICE AND OTHER DOCUMENTS
Any notice required to be served on the Service Provider shall be in writing and shall be deemed to be duly served on Service Provider if the same is left at or sent by registered post to the address of the Service Provider as stated herein or their last known address and the case of service by registered post, the same shall be deemed served in the ordinary course of mail.
8. WHOLE AGREEEMENT
The parties hereto acknowledge that this Agreement contains the whole agreement between the parties and that this Agreement shall supersedes any prior agreements/arrangements between the parties hereto.
9. BINDING EFFECT
This Agreement is binding on the heir, legal representative, successor in title and assign of the parties respectively.
10.KNOWLEDGE AND ACQUIESCENCE
Knowledge and acquiescence by either party hereto of or in any breach of any of the terms, conditions or covenants herein contained shall not operate as or be deemed to be a waiver of such terms, conditions or covenants or any of them and notwithstanding such knowledge or acquiescence, each party hereto shall be entitled to exercise their respective right under this Agreement.
11.1 It is expressly understood that any delay on the part of the parties of this Agreement to exercise its rights under this Agreement shall not be construed as a waiver of such rights.
11.2 This Agreement does not hereby, and the parties do not intend to, create any relationship of employer-employee relationship between them, or between the Business, and the Service Provider.
11.3 This Agreement shall be governed by Malaysian laws. It is expressly understood that the proper courts in Malaysia, shall be the venue of any legal action that may arise from this Agreement, to the exclusion of all other courts or tribunals in any other jurisdiction.
11.4 No alteration or modification of this Agreement shall be binding unless in writing and signed by all parties to be bound thereby.
11.5 If any provision of this Agreement shall by held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement and such provision as applied to other persons, places, and circumstances shall remain in full force and effect.
11.6 Time shall be of essence in this Agreement.