Terms and Conditions

Terms and Conditions

Introduction

Thank you for visiting our website. This website is owned by MAGCOLM SOLUTIONS SDN BHD whose principal business address at 3-1-6, Kompleks Kantonmen Prima, Batu 4 ½, Jalan Ipoh, 51200 Kuala Lumpur.

Your use of our website and services are subject to the following terms and, by using our website and services in any way, you agree to be legally bound by these terms, Personal Data Protection Act and any other legal notices or conditions or guidelines from MAGCOLM SOLUTIONS SDN BHD. This Terms and Conditions Agreement (the “Agreement”) is an agreement between you (the “Client”, “You” or “Your”) and MAGCOLM SOLUTIONS SDN BHD (“MAGCOLM”, “MAGCOLM SOLUTIONS SDN BHD, “we” or “us”). This Agreement explains our obligations to you, and your obligations to us where the entire Agreement is between us.

Client shall read these terms and conditions carefully before engaging our services or using our website as they contain important information. We may revise these terms from time to time. Hence, please read these legal statements from time to time to review them as you are legally bound by them. We tried to state our terms and conditions as clearly as possible, however, if you have any further clarification about these terms and conditions, please do not hesitate to contact the sales department.

List of Content
1.0 General Terms
1.1 Terms
1.2 About Us
1.3 Copyright
1.4 Governing Law
1.5 Force Majeure
1.6 Personal Data Protection

2.0 Advisory Project Specific Terms
2.1 Consultant Working Hours
2.2 Postponement and/or Cancellation of Visit(s)
2.3 Project Delivery Duration
2.4 Fees & Invoices
2.5 Advisory Project Delivery (Medium, Facilities, etc.)
2.6 Confidentiality
2.7 No Inducement
2.8 Termination
2.9 Miscellaneous
2.10 Completion of Services
2.11 Waiver
2.12 Notice
2.13 Representation and Warranties
2.14 Severability
2.15 Binding Agreement

3.0 Training Specific Terms
3.1 Training Terms
3.2 Order and Acceptance
3.3 Fees and Invoices
3.4 Cancellation
3.5 Certificates, Training Materials and Pax Requirements
3.6 Schedule of Training and Time Scale
3.7 Training Delivery (Language, Medium and Facilities)

4.0 Disclaimer

1.0 General Terms

1.1 Terms
These terms apply to all Magcolm Solutions Sdn Bhd’s sales of goods and services to you and any variation to these Terms and any representations about the Goods and Services shall have no effect unless expressly agreed in writing and signed by the director of Magcolm Solutions Sdn Bhd.

1.2 About Us
Magcolm Solutions Sdn Bhd (1071878-U) can be contacted directly by any of the means below:
Address: 3-1-6, Kompleks Kantonmen Prima, Batu 4 ½, Jalan Ipoh, 51200 Kuala Lumpur.
Telephone: 012-2992738 (Sales), 013-3528738 (Management)
Email: info@magcolm.my, alicia@magcolm.my

1.3 Copyright
a) All the relevant consultancy and/or training materials herein shall be kept confidential by the Client and the Client shall not copy, reproduce, or use any relevant materials between Magcolm Solutions Sdn Bhd and the Client without prior written consent and/or approval from the Director of Magcolm Solutions Sdn Bhd.
b) All software, softcopies and/or training materials provided for the preparation and implementation during the consultancy and/or training period shall be kept confidential by the Client and/or the participating Company.
c) No video and/or voice recording of the said consultancy/training sessions are allowed unless otherwise agreed upon or is used by the Consultant for training purpose.

1.4 Governing Law
This Agreement, terms and conditions are governed by and shall be construed and interpreted in accordance with the laws in Malaysia and parties agree to submit to the exclusive jurisdiction of Malaysian courts.

1.5 Force Majeure
Failure of either party to perform its obligations under this Agreement shall not subject such party to any liability to the other if such failure is caused or occasioned by an act of God, the public enemy, fire, explosion, flood, drought, war, riot, sabotage, embargo, strikes or other labour unrest, interruption due to the delay in transportation, compliance with any order, regulation or request of any government of competent jurisdiction or any officer, department, agency or committee thereof, or by any other event or circumstance of like or different character to the foregoing beyond the reasonable control of the party so failing to perform.

1.6 Personal Data Protection
Each Party shall comply with its obligations under all applicable data protection laws in respect of the Services to be provided under this Agreement. Each Party agrees in respect to any such personal data supplied to it by the other Party that it shall:-
a) Only act on instructions from the other Party regarding the processing of such personal data under this Agreement and shall ensure that appropriate technical and organizational measures shall be taken against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of, or damage to the personal data; and
b) Comply with any reasonable request made by the other Party to ensure compliance with the measures contained in this Clause.

2.0 Advisory Project Specific Terms

2.1 Consultant Working Hours
Visits of project/training delivered by Magcolm Solutions Sdn Bhd’s Consultant shall be arranged from Monday to Friday based on the working week of (5) five days and (7) seven hours per day (excluding travelling period, Weekend and/or public/state holidays). In the event that Magcolm Solutions Sdn Bhd's Consultants are required to work outside of normal working hours (i.e. 9 am to 5 pm) or visits performed after 5 pm, or Consultants are required to work during the weekend (Saturday or Sunday) and/or public/state holidays, then an additional surcharge of RM636.00 (inclusive of 6% SST) shall be imposed per day for such visit(s). Magcolm Solutions Sdn Bhd shall provide and complete consultancy services according to the Scope of Services as stated within the proposal with full commitment from the Client.

2.2 Postponement and/or Cancellation of Visit(s)
Visits and/or appointment(s) shall be arranged and agreed between Magcolm Solutions Sdn Bhd and the Client with regard to the nature & location of the project and the prior commitments of both parties. In the event the Client wishes to revise and/or cancel an agreed and confirmed visit and/or appointment(s), written notice of at least 7 working days shall be given to Magcolm Solutions Sdn Bhd to facilitate re-arrangement of visits and/or appointment(s). Any postponement and/or cancellation without written notice or notice is received less than 3 working days by Magcolm Solutions Sdn Bhd, the Client shall pay a postponement charge amounting to RM636.00 (inclusive of 6% SST). Further, any pre-arranged travelling charges that had been incurred by Magcolm Solutions Sdn Bhd before such cancellation shall also be paid in full by the Client.

2.3 Project Delivery Duration
a) Magcolm Solutions Sdn Bhd shall provide consultancy services to the client based on an agreed project delivery duration between the parties mentioned in the proposal. The Client shall be fully committed to completing the certification process before the proposal expires failing which, the balance contract sum shall be chargeable to the client with an annual increment of 15% as compensation paid to Magcolm Solutions Sdn Bhd. The said proposal can be extended subject to a mutually agreed extension period between both parties upon a written request made by the client for such an extension supported with cogent reason(s) and the same had been accepted by Magcolm Solutions Sdn Bhd. However, if the same is rejected by Magcolm Solutions Sdn Bhd and the proposal duration had expired, then the client must enter into a new contract with Magcolm Solutions Sdn Bhd.
b) In the event of any bona fide dispute or differences arises between the parties in connection with the proposal (inclusive but not limited to any dispute relating to non-payment of the Charges, for whatever reason), any party shall attempt to resolve such dispute or differences by way of an internal mediation and/or discussion. It is the responsibility of the Client to inform Magcolm Solutions Sdn Bhd immediately in writing of any issue that may lead to a dispute (including but not limited to service, cost and deadline).

2.4 Fees & Invoices
a) The fees quoted herein are for the cost of travelling, accommodation or other expenses incurred during the Project and/or Training delivery within Selangor and Kuala Lumpur only. Any other expenses such as mileage, petrol, toll, parking, flight tickets, visa application, accommodation and others will be charged separately or otherwise mentioned in the Agreement.
b) Payment of the invoice(s) shall be due and payable by the Client within seven (7) days from the date of the said proforma invoice. After the due date, an interest of 1.5% per month shall be charged on the outstanding balance amount as per the said proforma invoice.
c) All payment payable to Magcolm Solutions Sdn Bhd shall be made via online transfer within 7 days from the date of the said proforma invoice.
d) The above fees do not include cost or fees of assessment or audit by Certification Body or other fees/costs in maintaining the management system.
e) The above fees and/or payment are only based on the Consultant’s visit on weekdays (9 am to 5 pm) on Monday to Friday. As such, a surcharge of RM636.00 (inclusive of 6% SST) per day shall be imposed for any training and/or consultancy services conducted and/or provided on weekend (Saturday or Sunday) and/or public/state holidays.
f) In the event there is a need for the Consultant to provide additional training and/or consultancy services other than those specified in the proposal/contract, then the additional consultancy and/or training services conducted and/or provided would be charged separately.
g) Project quoted under lump-sum package: The fees quoted are based on the fixed man-days to be performed by the Consultants from Magcolm Solutions Sdn Bhd on the project at agreed rates. In the event the actual consultancy sessions exceeded the number of man-days, then no additional charges will be imposed on the Client. However, if the said Project is completed less than the proposed number of man-days then the unutilized consultancy sessions will not be refundable.
h) Project quoted under man-days package: The fees quoted are based on the fixed man-days to be performed by the Consultants from Magcolm Solutions Sdn Bhd on the project at agreed rates. In the event the actual consultancy sessions exceeded the number of man-days, additional charges will be imposed on the Client. Visits shall be planned and agreed by both parties prior to commencement of the appointment with allocated details of agenda for such visits planned. Any additional visits incurred shall be informed and justified in written to the client and/or by the client if such needs arise. Upon justification is made and agreed by both parties, additional visits will be charged and full payment shall be made by the client prior to commencement of the visits.
i) Effective from 1st April 2018, Magcolm Solutions Sdn Bhd is adopting paperless billing practice to add convenience and flexibility for our Client. Hence all proforma invoices/invoices will be sent out via email/whatsapp/in digital copy only, no printed copy will be provided.

2.5 Advisory Project Delivery (Medium, Facilities, etc.)
a) The advisory session shall be conducted in Bahasa Malaysia or English. Mandarin will be used only upon request by the participants.
b) Advisory session to be conducted at the Client’s premises. The Client is required to provide and make available the necessary facilities as follows: -
• White Board/Flip Chart
• Stationery (A4 papers, marker pens, etc.)
• Writing materials (2 reams)
• Photocopy services
• Quiet/enclosed/conducive ambience for discussion
c) Advisory session to be conducted via online applications. The Client is required to provide and make available the necessary facilities for the participants as follows: -
• Sufficient devices with webcam/video features such as smartphone, laptop or PC
• Stable online connectivity and sufficient bandwidth/data
• Social distancing of 2 meters if more than 1 person in a room/area or if social distancing not able to carry out as per stated, face mask-wearing policy is applied
• Quiet/enclosed/conducive ambience for discussion
• Good lighting

2.6 Confidentiality
The information contained in the proposal is intended only for the use of the individual or entity named above and may contain information that is confidential, legally privileged, and exempt from disclosure under applicable law. Unauthorized dissemination, distribution, copying or reliance is prohibited and may attract criminal penalties.

2.7 No Inducement
Either party shall not at any time during the Engagement between parties, make any attempt to induce any person of either party during the continuance of the Agreement.

2.8 Termination
Either party can terminate the Agreement for cause upon written notice not less than seven (7) working days:-
a) If there is a substantial breach to the terms and conditions herein by either party and despite giving due notice the same as mentioned above was not rectified and/or cured within seven (7) working days thereof;
b) Either party goes into voluntary liquidation otherwise than for the purpose of reconstruction or amalgamation; or
c) In the event either party becomes insolvent or seeks protection, voluntarily or involuntarily, through bankruptcy, or ceases conducting business, the other party shall have immediate right to terminate the Agreement; or
d) By Magcolm Solutions Sdn Bhd if:
(i) Payments referred to in Project Investment Fees as per Payment Term or any part thereof remained unpaid for a period of seven (7) days after the same become due;
(ii) Project delivery duration has exceeded as stated herein clause 2.3.
(iii) Scope of proposal has been altered by Client and no longer conforms to the proposal stipulated herein.
e) By Client if:
(i) Duty and responsibilities by Magcolm Solutions Sdn Bhd/Consultant(s) are not fulfilled as per stated in Clause 2.13.

In the event of termination arising from the occurrence of any stipulated in Clause 2.8 herein by either party, all outstanding charges or fees for consultancy/training services that are already provided or delivered and expenses incurred by Magcolm Solutions Sdn Bhd up to the date of termination shall be immediately payable by the Client in full.

2.9 Miscellaneous
These Terms and Conditions may not be modified except by an agreement in writing signed by Magcolm Solutions Sdn Bhd and the Client.

2.10 Completion of Services
The consultancy services shall be deemed completed upon completion of services as per stated in the agreement.

2.11 Waiver
No failure or delay by a party to exercise any right or remedy provided under the agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

2.12 Notice
Any notice or correspondences shall be in writing and shall be deemed to have been sufficiently served or given for all purposes herein on the respective parties hereto if left by hand or sent by email or prepaid registered post to the party to whom it is addressed at their respective addresses stated herein or to their last known address or to their respective solicitors or agents duly authorised and shall in the case of a notice or request by email or prepaid registered post be deemed to have been served when it ought in the ordinary course of transmission or post to have been received.

2.13 Representation and Warranties
The Client represents and warrants to Magcolm Solutions Sdn Bhd as follows:
(a) It has all requisite power and authority to execute and deliver the Agreement and has obtained all power and authority to perform and carry out its business as set out herein;
(b) The execution and delivery of the Agreement constitute a legal and binding obligation of Client and is enforceable in accordance with its terms;
(c) The performance by Client of all its obligations hereunder will be conducted in compliance with all applicable laws; and
(d) Client has not been wound up nor threatened by any pending winding-up proceedings.

Magcolm Solutions Sdn Bhd represents and warrants to Client as follows:
(a) Magcolm Solutions Sdn Bhd is committed to provide services to Client as per stipulated in the proposal, and be transparent to Client with any project progress and ensure service performed on a timely basis with management support and commitment by Client as per stated;
(b) Magcolm Solutions Sdn Bhd has all requisite power and authority to execute and deliver the Agreement and has obtained all power and authority to perform and carry out its business as set out herein;
(c) The execution and delivery of the Agreement constitute a legal and binding obligation of Magcolm Solutions Sdn Bhd and is enforceable in accordance with its terms;
(d) The performance by Magcolm Solutions Sdn Bhd of all its obligations hereunder will be conducted in compliance with all applicable laws; and
(e) Magcolm Solutions Sdn Bhd has not been wound up nor threatened by any pending winding-up proceedings.

2.14 Severability
If any provision of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed severed and such determination shall not affect the validity or enforceability of any other part or provision of the Agreement.

2.15 Binding Agreement
This Agreement shall bind the respective personal representative, successors in title and permitted assigns of the parties hereto.

3.0 Training Specific Terms

3.1 Training Terms
These training service terms and conditions (“Terms”) govern the delivery of training courses (“Training”) conducted by Magcolm Solutions Sdn Bhd as follows:-
a) In-house training (training to be organized by Client and it is customized for the staff from the Client)
b) Public training (training to be organized by Magcolm Solutions Sdn Bhd and it is open for public registration including coaching program, training program, webinar, etc.)
c) Certification training (certification course approved by Ministry of Health and international certification bodies, including food handler training and courses offered under food safety academy.)

3.2 Order and Acceptance
Any online Registration Form and/or proposal furnished by the Client and accepted by Magcolm Solutions Sdn Bhd via email or whatsapp shall be deemed accepted upon clearance of payment in full by the Client as per the proforma invoice or final amount stated in Registration Form/proposal. Training arrangement is considered not to be confirmed until clearance of payment has been made.

3.3 Fees and Invoices
a) All payments must be received fourteen (14) days prior to the commencement of the Training. Magcolm Solutions Sdn Bhd reserve the rights to cancel or postpone the Client’s enrolment for the Training in the event it has no payment from the Client within the period as stated above.
b) In the event where the Client had registered for the Training in a shorter period of fourteen (14) days prior to the commencement of the Training, then payment shall be made immediately upon confirmation of Training. No fees and/or payments are refundable upon the confirmation of the Training except for the situations stipulated at clause 3.4 (a) (ii).
c) Effective from 1st April 2018, Magcolm Solutions Sdn Bhd is adopting paperless billing practice to add convenience and flexibility for our Client. Hence all invoices will be sent out via email/whatsapp/in digital copy only, no printed copy will be provided.

3.4 Cancellation
A) Cancellation by Client/Participants
i) In the event the Client wishes to cancel the Training after payments are made then Magcolm Solutions Sdn Bhd are entitled to deduct the following payments as mentioned in the table below. However, no payments will be deducted if a substitute is identified.
ii) Tables of refund and days’ notice of cancellation

iii) Example:


B) Cancellation or Program Changes by Magcolm Solutions Sdn Bhd
i) Unless otherwise specified or agreed in writing by Magcolm Solutions Sdn Bhd, all the Training shall commence on the date specified by Magcolm Solutions Sdn Bhd as per the Registration Form. Magcolm Solutions Sdn Bhd reserves the right to change the date, time, venue and trainer due to unavoidable circumstances.
ii) If the course cannot be rescheduled or if Client is unable to attend the new rescheduled Training date which Magcolm Solutions Sdn Bhd or cancelled by Magcolm Solutions Sdn Bhd, then Client will be entitled to a full refund of any fee paid in respect of the cancelled Training but shall not otherwise be entitled to any compensation, costs, travel expenses, losses or damages arising from such cancellation.
iii) Magcolm Solutions Sdn Bhd will use reasonable efforts to give notice of any cancellation of any course or any necessary alteration in the program, as the case may be.

3.5 Certificates, Training Materials and Pax Requirements
a) Magcolm Solutions Sdn Bhd will prepare the Certificate of Attendance for participants with full attendance only. The Client shall be responsible for the accuracy of participants’ names and information provided and the Client shall revert with all the participants’ names and or changes (if any) to Magcolm Solutions Sdn Bhd within seven (7) working days before the said Training date. The Client shall be responsible for the accuracy of participants’ names and information provided and the Client shall revert with all the participants’ details (name and identification number) and or changes (if any) to Magcolm Solutions Sdn Bhd within seven (7) working days before the Training date.
b) The name list furnished by the Client in soft copy and/or typed copy to Magcolm Solutions Sdn Bhd shall be deemed as correct for its next course of action.
c) All certificates will be arranged via self-collection or courier. Additional handling charges of RM 21.20 (inclusive of 6% SST) per location will be imposed for courier of certificates to the client’s location.
d) In the event the Client had furnished wrong information of the participants' names or the Client had failed to revert with the relevant changes in the participants' names and others within the stipulated period, then a penalty charge of RM 21.20 (inclusive of 6% SST) per name shall be imposed on the Client on the re-issuance of every new Certificate.
e) In the event Magcolm Solutions Sdn Bhd is informed of any additional participants less than seven (7) working days prior to the Training date, then Magcolm Solutions Sdn Bhd shall be entitled to charge handling charges of RM21.20 (inclusive of 6% SST) for the short notice in printing the certificates.
f) In relation to training courses (applicable for both physical training and online remote training), Magcolm Solutions Sdn Bhd shall provide one (1) copy of handout in pdf format via email or shared folder to the Client and the Client shall be responsible to duplicate and/or disseminate copies of the handouts required and thereafter furnish sufficient copies of the same to their respective participants for reference during course delivery.
g) The training class size is limited as per stated in respective Registration Form and/or proposal to ensure effective interaction between the tutor and the delegates and meeting latest requirement on the number of pax requirement by MOH/HRDF. Attendance is restricted to the Client’s staff and other outside parties are not allowed to attend this in-house course.

3.6 Schedule of Training and Time Scale
a) All Training provided by Magcolm Solutions Sdn Bhd’s Trainer shall be arranged from Monday to Friday based on the working week of five (5) and seven (7) hours per day (excluding travelling period, weekend and public/state holidays).
b) In the event Magcolm Solutions Sdn Bhd's Trainers are required to work outside of the normal working hours (i.e. 9 am to 5 pm) or where the Trainers are required to work during the weekend (Saturday or Sunday) or public/state holidays, then such training arrangement shall be reviewed on a case to case basis.
c) In the event a food handler training/in-house training is fixed and held during the weekend (Saturday or Sunday) and/or public/state holidays, then an additional surcharge of RM636.00 (inclusive of 6% SST) shall be imposed per day for such training(s).
d) In the event Magcolm Solutions Sdn Bhd receives a written notice for change in the Training date less than seven (7) working days or does not receive any written notice from the Client then the Client shall pay postponement charges of RM636.00 (inclusive of 6% SST).

3.7 Training Delivery (Language, Medium and Facilities)
a) Language
The Training shall be conducted in Bahasa Malaysia or English. Mandarin will be used only upon request by participants.
b)Training to be conducted at the Client’s premises (applicable for physical training). The Client is required to provide and make available the necessary training facilities as follows: -
• White Board/Flip Chart
• Stationery (A4 papers, marker pens, etc.)
• Writing materials (2 reams)
• Photocopy services
• Quiet/enclosed/conducive ambience for training
• Good lighting
c)Training to be conducted via remote online training. The Client is required to provide and make available the necessary training facilities for the participants as follows: -
• Stationery (A4 papers, marker pens, etc.)
• Sufficient devices with webcam/video features such as smartphone, laptop or PC
• Stable online connectivity and sufficient bandwidth/data
• Social distancing of 2 meters if more than 1 person in a room/area or if social distancing not able to carry out as per stated, face mask-wearing policy is applied
• Quiet/enclosed/conducive ambience for training
• Good lighting
d) In the event where the abovementioned facilities are lacking, please notify us. Magcolm Solutions Sdn Bhd reserves the rights to refuse to deliver the food handler training if the training environment does not meet the requirement as mentioned in paragraph 3.7 (b) and (c) above.

4.0 Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Magcolm Solutions Sdn Bhd and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to this website or the information, products, services or related graphics contained on this website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

Through this website, you are able to link to other websites which are not under the control of Magcolm Solutions Sdn Bhd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. The links to third-party websites on our website are provided solely for your convenience. If you decide to access any of the third-party websites linked to our website, you do so entirely at your own risk.

Unless stated otherwise, Magcolm Solutions Sdn Bhd is the owner or the licensee of all intellectual property rights in our website including every material published on it. All such rights are reserved. You expressly agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this website.

Every effort is made to keep this website up and running smoothly. However, Magcolm Solutions Sdn Bhd takes no responsibility for and will not be liable for this website being temporarily unavailable due to technical issues beyond our control.

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