Last modified: 14 November 2022
LEXUP TERMS AND CONDITIONS
- Introduction
a) You are advised to read these T&Cs and by using the Services, you are deemed to have agreed, read and understood these T&Cs which are applicable to you and shall constitute a legally binding contract between you and LEXUP. If you do not agree to these T&Cs, please do not use or continue using the Services.
b) LEXUP may amend the terms in the T&Cs at any time. Such amendments shall be effective once they are placed on the Booking Formor our website. It is your responsibility to review the T&Cs and your continued use of the Services after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
2. Definitions and Interpretations:
In these T&Cs, unless the context shall otherwise require, the following expressions shall have the following meanings:
“Booking Form” means the booking form provided by LEXUP to you in order for you to book the Services;
“Confidential Information” means all information of a confidential nature, whether created before or after the date of booking, whatever its format, and whether or not marked “confidential”, but not including information which is or comes into the public domain through no fault of the other party, was already lawfully in the other party’s possession or comes into the other party’s possession without breach of any third party’s confidentiality obligation to the disclosing party, or is independently developed by or on behalf of the other party;
“Fees” means the price payable by you to LEXUP for the Services booked;
“Force Majeure” means means any circumstance not within a party’s reasonable control including, without limitation: (a) acts of God, fire, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; (f) collapse of buildings, fire, explosion or accident, and in each case caused by no fault or negligence of the affected party;
“LEXUP” means YV Management Sdn Bhd (202201031032 (1476729-T));
“Platforms” means the following platforms which you may contact us to make a booking for the Services:
- Facebook (@myLEXUP or https://www.facebook.com/myLEXUP);
- LinkedIn (@myLEXUP or https://www.linkedin.com/company/mylexup/);
- email (enquiries.lexup@outlook.com);
- WhatsApp (011-1052 1714 or https://wa.me/message/L3ORUDPYYQHIK1); or
- such other platforms which LEXUP may make available from time to time.
“Services” means translation, transcription and/or any such other services which LEXUP may make available from time to time;
“Turnaround Time” means the amount of time that will take to complete any of the Services booked by you. For the avoidance of doubt, the Turnaround Time for the Services booked excludes weekends (i.e., Saturdays and Sundays) and public holidays in Malaysia.
“T&Cs” means these LEXUP TERMS AND CONDITIONS as amended from time to time by LEXUP;
“You”, “you”, “Your” or “your” means any client or user who engages LEXUP for the Services or uses the Services;
3. Booking of Services
a) You may book for the Services through any of any of our Platforms whereby you are required to fill up a Booking Form provided by LEXUP. Upon receiving the Booking Form from you, LEXUP will send you a confirmation email or WhatsApp message at LEXUP’s sole discretion.
b) The parties hereby agree that the Turnaround Time for the Services booked excludes weekends (i.e., Saturdays and Sundays) and public holidays in Malaysia.
- The parties hereby agree that there will be a minimum fee of RM30.00 if the number of words and/or time falls below the rate of RM30.00.
4. Payment
a) You shall pay the Fees quoted to you within seven (7) days from the date of the invoice issued to you.
b) The Fees shall be paid in the bank account of LEXUP, as follows:
| Bank name | : | OCBC Bank (Malaysia) Berhad |
| Bank account holder | : | YV Management Sdn Bhd |
| Bank account number | : | 7091226136 |
c) Upon making payment to LEXUP, you shall send the proof of payment (e.g., bank transfer slip) to LEXUP via email (enquiries.lexup@outlook.com) or WhatsApp (011-1052 1714 or https://wa.me/message/L3ORUDPYYQHIK1).
d) The parties hereby agree that the Fees or other monies payable is exclusive of all applicable taxes.
e) In the event of any dispute with respect to any sum due and payable to LEXUP under an invoice, you shall notify LEXUP to which elements of the invoice are disputed within seven (7) days.
5. Cancellation
a) You may cancel your booking of Services at any time before LEXUP has commence any work on the Services booked by you.
b) If you decide to cancel your booking after LEXUP has commenced work on the Services booked by you, you may be charged a cancellation fee of up to 20% of the Fees, at LEXUP’s sole discretion.
6. Personal Data
a) You hereby provide your consent to LEXUP to collect, record, hold, store, disclose and/or use of all your personal data (hereinafter collectively referred to as “usage”) in accordance to its Privacy Policy and that all such personal data furnished to LEXUP are up to date and accurate and the you consent to provide your personal data to LEXUP for the purposes of communication, performance, compliance and/or observance of the provisions of these T&Cs and applicable Law, including disclosure by LEXUP to its contractors, consultants and affiliates.
b) The Privacy Policy applies to the Services and its terms are made a part of this T&Cs by this reference.
7. Limitation of Liability
a) Neither party to this T&Cs shall have any liability to the other party for any indirect or consequential loss arising under or in connection with this T&Cs.
b) Each party’s total liability in aggregate arising under or in connection with this T&Cs shall be limited to 50% of the total amount of fees actually paid by you to LEXUP.
c) Nothing in this Clause 7 shall limit your payment obligations under this T&Cs.
8. Confidentiality
a) Each party safeguard shall safeguard the other party’s Confidential Information as it would its own Confidential Information.
b) Each party shall not disclose the other party’s Confidential Information in any way whatsoever, save and except to its representatives, employees, agents or consultants/attorneys when it proves to be strictly necessary for the performance of the Services or as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
c) Upon completion of the Services, LEXUP shall, at your request, return or destroy all Confidential Information (including any recordings and/or documents provided to LEXUP by you). In these circumstances, LEXUP shall also erase all Confidential Information from all computers or other electronic devices in its possession or control and shall use reasonable endeavours to procure that each of its own employees, agents and sub-contractors also do so.
9. Intellectual Property
a) Each party acknowledges that each party retains ownership of its intellectual property rights and nothing in these T&Cs shall operate to (or be construed to) transfer any right, title or interest in or to any of each other’s intellectual property rights, other than as set out in this Clause 9.
b) Each party grants a non-exclusive licence to use its intellectual property rights related to the Services solely for the performance of the Services and/or to fulfil its obligations under these T&Cs during the period of Services.
10. Marketing and Publicity
a) The parties hereby agree that LEXUP is granted the permission to publicly mention and publish your name and logo as a LEXUP customer on any or all of our Platforms or any press notices, publicity (oral or written) or advertising promotion or otherwise (“Announcement”).
b) If you do not agree to LEXUP mentioning you in our Announcement, please contact us immediately through any of our Platforms.
11. Miscellaneous
a) Force Majeure: If as a result of Force Majeure any party is prevented, hindered or delayed in the performance of its obligations under this Agreement, then the obligations of the party giving such force majeure notice will be suspended during the continuance of any inability to perform due to the Force Majeure, to the extent that the obligations are affected by such Force Majeure, other than the obligation to pay any amounts due.
b) Notification: All notices required to be given under the terms of these T&Cs will be addressed to the email address of the relevant party or to any other email address subsequently notified by one party to the other.
c) Waiver: No consent or waiver, express or implied, by any party to or of any breach or default by any other party in the performance by the other of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default by the other in the performance by such other party of the same or any other obligations of such party hereunder.
d) Severability: If any provision of these T&Cs or the application thereof to any party or circumstance shall be invalid or unenforceable to any extent, the remainder of these T&Cs and the application of such provisions to other party or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
e) Assignment: LEXUP may assign all or any part of the Services and/or these T&Cs, including its rights or duties hereunder to a third party or a sub-contractor, at its sole discretion.
f) Independent contractor: Each party shall be an independent contractor with respect to all aspects of this T&Cs, and neither party shall be deemed for any purpose to be the employee, agent, representative, or partner of the other party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
g) Governing law and jurisdiction: These T&Cs shall be governed by and construed in accordance with the laws of Malaysia and each party submits, unconditionally and exclusively, to the jurisdiction of the courts of Malaysia.