TERMS OF USE

BOGANSOFT SOLUTION SDN. BHD.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR SITES OR SERVICES.

Last updated: [1.1.2026]

  1. Definitions and Interpretation
    • In these Terms of Use (these “Terms”):
  • “Bogansoft”, “we”, “us”, “our” mean BOGANSOFT SOLUTION SDN. BHD. [Company No.: 202501006461 (1607875-V)], includes where the context admits, its successors in title and assigns, and any related business entities, affiliates or associated companies as may exist from time to time.
  • “You”, “your”, “user”, “client” mean any person or entity who accesses, browses or uses Our Sites or engages Our Services, and if the context admits include your employees, authorised representatives, contractors and agents. If you are a body corporate, references to “you” include your subsidiaries, holding companies and associated companies (as defined under the Companies Act 2016).
  • “Our Sites” mean Bogansoft’s website and any mobile optimised or its derivative versions, together with any content including any materials, pictures, videos, descriptions, web forms, or portals made available through or in relation to such website from time to time.
  • “Services” mean Bogansoft’s managed software support services, subscription plans, prepaid block-hour services, any ad hoc IT support services, consultancy and advisory services, as well as any other related assistance or services provided by us, whether delivered on site or remotely through any other platform or medium.
  • “Contract” means any contract and agreement for the provision of the Services between you and Bogansoft, including these Terms, any proposal, quotation, work order, service schedule, or any other document agreed in writing between you and Bogansoft.
  • “Business Day” means any day (other than Saturday, Sunday or public holiday) in which banks are generally open for business in Kuala Lumpur, Malaysia.
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Unless the context otherwise requires:

  • headings are for reference only and shall not have any effect on interpretation;
  • words importing the singular include the plural and vice versa;
  • “including”, “include” and similar wordings are deemed to be followed by “without limitation”;
  • references to any law includes the law as amended, re-enacted or repealed from time to time; and
  • references to “in writing” include email, text and any other electronic communication method or platform that can be reasonably saved and reproduced.
  1. General Application of These Terms
    • These Terms:
      • govern your access and use of Our Sites; and
      • set forth the baseline terms and conditions on which Our Services are provided to you, unless expressly overridden in a written Contract signed and accepted by us.
    • By accessing or using Our Sites, making enquiries, requesting quotations, giving instructions, engaging Our Services or making any payment to us, you:
  • represent and warrant that you have read, understood and agree to be bound by these Terms; and
  • where you act on behalf of another person or entity, you represent and warrant that you are authorised to represent and bind that person or entity to these Terms.
    • If you do not agree to these Terms, you must immediately cease using Our Sites and Services.
    • In the event of any conflict or inconsistency between:
  • these Terms; and
  • any separate written Contract signed or expressly approved by both parties,

the specific written Contract shall prevail to the extent of that conflict or inconsistency, and these Terms shall apply in all other respects.

  1. Changes to These Terms
    • We may revise, update or replace these Terms at any time by updating and publishing the revised Terms on Our Sites.
    • Unless otherwise stated herein, changes take effect upon publication on Our Sites. It is your responsibility to review these Terms periodically.
    • Your continued access to Our Sites or continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with any updated Terms, you must stop using Our Sites and Services.
  1. Changes to Our Sites
    • We may at any time in our sole discretion update, modify, enhance, suspend or discontinue Our Sites, or any content, features or functionality made available through Our Sites, without prior notice.
    • The content on Our Sites is provided on an “as is” and “as available” basis. While we use reasonable efforts to keep information up to date, we do not undertake any obligation to update, correct or maintain any content. We make no representation, warranty or guarantee that any content is accurate, complete, up to date or fit for any particular purpose; or will remain available or unchanged.
    • We shall not be liable to you or any third party for any modification, suspension or discontinuance of Our Sites.
  1. Access to Our Sites
    • We do not guarantee that Our Sites or any content therein will always be available, uninterrupted, secure, up to date, error-free, or free from any defect or omission.
    • Access to Our Sites is granted on a temporary basis. We may suspend, , discontinue or restrict the availability of Our Sites or any part of it at any time and for any reason including maintenance, security updates or due to regulatory requirements.
    • You are responsible for:
      • meeting all requirements, including hardware, software, internet connection and security, necessary for you to access Our Sites;
      • ensuring that all persons who access Our Sites through your internet connection, systems or devices are aware of these Terms and comply with them; and
      • ensuring that your access credentials such as usernames and passwords (if any) are kept secure and not disclosed to any unauthorised person (we will never ask you for your password and login details).
    • You are solely responsible for activities carried out under your accounts or through your systems, whether authorised by you or not. We shall not be liable for any loss or damage arising from your failure to comply with this clause.
  1. Nature and Scope of Services
    • Bogansoft focuses primarily on providing software centric IT managed support and related services. Without limiting the generality of the definition of Services, such services may often include:
      • desktop, laptop and server support;
      • operating system and application troubleshooting;
      • support for productivity platforms (for example, Microsoft 365);
      • backup and disaster recovery support;
      • network and connectivity troubleshooting;
      • mobile and tablet configuration; and
      • general IT advisory and operational assistance.
  • Unless expressly agreed in a separate written Contract:
  • no service level agreement (SLA), guaranteed uptime, response time or resolution time shall apply;
  • we do not guarantee that any particular issue will be resolved, or that any issue resolved or any resolution will be permanent; and
  • Services are provided on a commercially reasonable and best effort basis, having regard to your system environment, condition and configuration of your hardware and software, third-party dependencies, as well as the quality, completeness and timeliness of the information and access provided by you.
    • Our Services are limited to the scope we agreed in the relevant proposal, quotation or Contract. We shall have no obligation to provide services outside such scope (including custom software development, complex integration or cybersecurity incident response) unless separately agreed in writing and charged accordingly.
    • You acknowledge that our performance of the Services is dependent upon:
    • your provision of accurate, complete and timely information, access and instructions;
    • your granting of necessary access to systems, premises and third-party platforms; and
    • the proper functioning of any third-party software, services and infrastructure (for example, internet connectivity, cloud platforms and vendor services),

all of which the above mentioned are outside our direct control. We shall not be liable for any delay or failure in performing the Services to the extent caused by such factors.

  1. Subscription Plans
    • Bogansoft may offer subscription-based managed service plans with different scopes, inclusions, limitations and pricing.
    • The features, entitlements, exclusions, term, renewal provisions and pricing applicable to the subscription plan shall be as set out in our proposals, quotations or other written communications at the time of engagement (collectively, the “Plan Terms”).
    • Subscription plans are subject to fair and reasonable usage. If your actual usage, scope of systems or complexity of environment materially exceeds what Bogansoft reasonably considers normal for the relevant plan:
      • we may recommend (and you shall not unreasonably refuse) an upgrade or adjustment to the plan and pricing;
      • we may impose additional charges in line with our then-current rates; or
      • in extreme cases, we may suspend or restrict the Services upon reasonable notice.
    • Unless otherwise stated in the Plan Terms:
  • subscription plans are for an initial minimum term as specified in the quotation or Contract, and thereafter may automatically renew for successive periods (for example, monthly or yearly) unless either party gives written notice of non-renewal in accordance with the Contract; and
  • termination or cancellation prior to the end of a billing cycle would not entitle you to any refund of fees already paid for that period.
  1. Prepaid Block Hours
    • Bogansoft may offer prepaid block-hour packages for Services at discounted rates.
    • Unless expressly agreed in writing in the relevant proposal, quotation, invoice or Contract:
      • prepaid Blocks are non-refundable and non-transferable;
      • Block hours are consumed based on actual time spent on any task, rounded up to the minimum time unit stated in our pricing or proposal;
      • any administrative, preparation, documentation or travel time reasonably necessary to deliver the Services may be charged against the Block;
      • Block hours may subject to an expiry period as stated in the applicable proposal, quotation, invoice or Contract, and any unused hours at expiry shall be automatically forfeited without compensation; and
      • we do not guarantee availability of Services at all dates or times under Block arrangements and all work is subject to scheduling availability.
    • Where your needs or environment change significantly, we may recommend converting to a subscription plan or additional Blocks. Any such change shall be subject to mutual agreement and revised pricing.
  1. Engagement, Orders and Formation of Contract
    • Services may be engaged or ordered through any of the following:
      • written acceptance (including by email or any electronic communications) of a proposal, quotation, statement of work, service schedule or Contract issued by Bogansoft;
      • submission of a purchase order referencing our quotation or proposal;
      • written confirmation (including by email or electronic or any electronic communications) of your instructions to proceed; or
      • payment in whole or in part of an invoice issued by us where such invoice reasonably describes the Services.
    • A binding Contract is formed upon the earliest of:
  • Bogansoft’s written acceptance of your Order; or
  • Bogansoft’s commencement of the Services following receipt of your Order; or
  • your payment of any fees in respect of the Services.
    • You acknowledge and agree that:
  • Bogansoft may rely on verbal or electronic instructions given by you or your authorised representatives; and
  • you shall be bound by any such instructions, including any variations to scope, priorities or timing, and liable for any resulting fees.
    • Any terms or conditions that you purport to apply via purchase orders, correspondence or other documents (including your standard terms) shall have no effect unless expressly agreed in writing by Bogansoft.
  1. Pricing, Fees Structure and Payment
    • All prices and fees quoted by Bogansoft are exclusive of sales and service tax (SST) and any other applicable taxes, levies or duties; and may be adjusted from time to time upon reasonable notice, provided that such changes will not affect Orders already accepted, unless expressly provided in the relevant Contract.
    • Subscription fees are payable in advance for each billing period. Prepaid Block fees are payable in full before any Services under that Block commence.
    • Unless otherwise specified in the Contract or invoice, all invoices are payable within fourteen (14) days from the invoice date without set off or deduction.
    • If you dispute any portion of an invoice, you shall notify us in writing within seven (7) days of the invoice date, specifying the grounds for such dispute and pay the undisputed portion of the invoice by the due date.
    • Any undisputed sums that remain unpaid or disputed sums which are subsequently agreed or determined to be payable, shall accrue late payment interest at the rate of 1.5% per month (or the maximum rate permitted by law) from the due date until actual payment in full.
    • Without prejudice to any other rights or remedies, Bogansoft may suspend or withhold all or part of the Services; and/or withhold delivery of any reports or deliverables, if any amount due remains unpaid after the due date and is not subject to a bona fide dispute.
    • Unless expressly agreed, all fees are non-refundable including where you partially utilise or cease to use the Services before the end of a billing period or Block.
  1. Hardware Procurement and Minimum Requirements
    • You acknowledge that Bogansoft is not primarily a hardware supplier and that the Services may require your systems to meet certain minimum requirements (for example, supported operating systems, sufficient processing capacity, storage, network bandwidth and security standards).
    • Where we identify that your hardware does not meet minimum technical requirements, we may:
      • recommend that you upgrade or replace such hardware; or
      • upon your request and subject to your approval of costs, assist in procuring hardware from third-party vendors on your behalf.
    • Any hardware that is supplied or procured by Bogansoft:
  • will be invoiced to you at the agreed price, together with any reasonable handling, logistics and installation charges;
  • is supplied “as is” and is subject solely to the manufacturer’s or vendor’s warranties, terms and conditions;
  • does not carry any additional warranty, representation or guarantee from Bogansoft; and
  • is at your risk upon delivery to you or your requested location.
    • Bogansoft shall not be responsible for:
  • failures, performance issues, instability or security vulnerabilities arising from inadequate, faulty, or unsupported hardware or third-party equipment; or
  • any refusal by hardware vendors to honor warranties, or any limitations in vendor support.
  1. No Reliance on Information
    • The content on Our Sites is provided for general information and illustrative purposes only. It does not constitute and is not intended to constitute any professional and technical advice.
    • You must obtain appropriate professional advice tailored to your specific needs before acting or relying on any information obtained from Our Sites or from general discussions with Bogansoft that are not expressly documented as formal advice in a Contract.
    • We make no representations, warranties or guarantees whether expressly or impliedly, that any content on Our Sites is accurate, current and complete or any particular result, outcome or benefit will be achieved by using Our Sites or Services.
  1. Intellectual Property Rights
    • We are the sole licensor and shall remain the owner of all intellectual property rights in and to:
      • Our Sites and all content published on them (including text, graphics, logos, icons, images, audio clips, software, etc);
      • any methodologies, tools, scripts, configurations, templates, documentation, know-how or processes developed or used by Bogansoft in delivering the Services; and
      • any improvements, modifications or derivatives of the above.

Except for the rights granted under these Terms or any Contract, nothing in these Terms transfers or assigns any intellectual property rights to you.

  • Subject to your compliance with these Terms and any applicable Contract, we grant you a limited, revocable, non-exclusive, non-transferable licence to:
  • access and use Our Sites for your internal business purposes; and
  • use any reports, documentation or deliverables explicitly provided to you as part of the Services, solely for your internal business operations and in accordance with the Contract.
  • You shall not, and shall not permit any third party to:
  • copy, reproduce, modify, reverse engineer, decompile or disassemble any part of Our Sites or any software or tools provided by Bogansoft;
  • remove, obscure or alter any copyright, trademark or other proprietary notices;
  • use any content from Our Sites or deliverables for resale, hosting, or to develop competing products or services; or
  • reproduce or use any content for commercial purposes without our prior written consent.
  • You retain all rights, title and interest in and to your own data, content and materials that you provide to us in connection with the Services (“Client Data”). You grant Bogansoft a non-exclusive, worldwide, royalty free licence to use, store, reproduce and process Client Data to:
  • provide the Services to you; and
  • comply with any legal and regulatory obligations.
  • You warrant that you have all necessary rights, consents and permissions to provide Client Data to us and to authorise our use of Client Data as contemplated in these Terms, and that such use will not infringe the rights of any third party.
  1. Limitation of Liability
    • You access and use Our Sites and Services at your own risk. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, representations, conditions or guarantees of any kind, whether express or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy or availability.
    • Without limiting clause 14.1, we do not warrant that:
      • Our Sites or Services will meet your specific requirements or achieve any particular outcome;
      • Our Sites or Services will be uninterrupted, timely, secure, error-free or free from defects, vulnerabilities or malicious code; or
      • any defects or errors will be corrected.
  • We shall not be liable to you whether in contract, tort, negligence, misrepresentation, under statute or otherwise for:
  • loss of profits, revenue, business, contracts or anticipated savings;
  • loss of opportunity, reputation or goodwill;
  • loss or corruption of data, files or software, or restoration costs;
  • business interruption or downtime;
  • any indirect, special, incidental, exemplary or consequential losses;
  • any loss arising from third-party software, systems, services, connectivity or vendor actions; or
  • in each case arising out of or in connection with these Terms, Our Sites or the Services, even if we have been advised of the possibility of such loss.
  • Subject always to the applicable law, our total aggregate liability to you for all claims arising out of or in connection with these Terms; any Contract; and/or your use of or inability to use Our Sites or the Services, shall in no event exceed the total fees actually paid by you to Bogansoft in the three (3) calendar months immediately preceding the event giving rise to the claim.
  • You shall take all reasonable steps to mitigate any loss or damage that you may suffer in connection with these Terms, Our Sites or the Services, including implementing appropriate backup and security measures.
  • To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Bogansoft and its directors, officers, employees and agents from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, penalties, costs and expenses (including legal fees) arising out of or in connection with:
  • your breach of these Terms or any Contract;
  • your misuse of Our Sites or Services;
  • any Client Data or instructions provided by you (including allegations that such data infringes third-party rights); or
  • any use of the Services by your employees, contractors or other persons accessing the Services through your systems or accounts.
  1. Viruses, Security and Misuse
    • We do not guarantee that Our Sites will be secure, free from viruses, or immune from unauthorised access or compromise.
    • You are responsible for implementing appropriate security measures, including antivirus software, firewalls, access controls, etc., to protect your systems and data.
    • You must not misuse Our Sites or any systems or networks connected to them. In particular, you shall not:
      • introduce or attempt to introduce viruses, trojans, or any other harmful material;
      • attempt to gain unauthorised access to Our Sites, any server on which Our Sites are stored, or any server, computer or database connected to Our Sites;
      • use Our Sites in any manner that could damage, disable, overburden Our Sites or interfere with any other party’s use.
  1. Linking to Our Sites
    • You may link to our home page, provided that you do so:
      • in a fair, legal and non-misleading manner;
      • in a way that does not damage or take unfair advantage of our reputation; and
      • without suggesting any form of association, approval or endorsement on our part where none exists.
    • You must not:
  • frame Our Sites on any other site or create a link to any part of Our Sites other than the home page, unless expressly permitted by us in writing; or
  • establish a link to Our Sites from any website that is not owned or controlled by you or that contains unlawful, offensive or infringing content.
    • We reserve the right to withdraw linking permission at any time without notice and without giving reasons.
  1. Third Party Links and Resources
    • Our Sites may contain links to third party websites or services. Such links are provided for your information and convenience only.
    • We have no control over, and do not endorse, recommend, or accept responsibility for:
      • the content, accuracy, security, or practices of third-party websites or resources; or
      • any products, services or information offered on or through such third-party sites.
    • Accessing any third party websites is at your own risk and subject to the terms and conditions and privacy policies of those third parties.
  1. Privacy and Data Protection
    • Bogansoft processes personal data in accordance with the Personal Data Protection Act 2010.
    • By providing personal data to Bogansoft, you represent and warrant that:
      • such personal data is accurate and up to date;
      • you have obtained all necessary consents and authorisations to disclose such personal data to Bogansoft and to permit Bogansoft to process it for the purposes described in these Terms and any Contract; and
      • you will promptly notify us of any changes to personal data that may be relevant to our processing.
    • You undertake to comply with all applicable data protection and privacy laws in connection with your use of Our Sites and the Services, including with respect to any personal data that you collect, process or control.
    • To the extent Bogansoft processes personal data on your behalf as a data processor, the parties may enter into a separate data processing agreement, and in the event of any conflict between these Terms and such data processing agreement, the latter shall prevail to the extent of such conflict.
  1. Any dispute or claim arising out of or in connection with these Terms, Our Sites or the Services shall be governed by and construed in accordance with the laws of Malaysia. You agree that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, Our Sites or the Services.
  2. If any provision of these Terms is or becomes illegal, invalid or unenforceable under any applicable law, that provision shall be deemed deleted and this shall not affect the legality, validity or enforceability of the remaining provisions which shall continue in full force.
  3. No failure or delay by Bogansoft in exercising any right, power or remedy under these Terms or at law shall operate as a waiver of that or any other right, power or remedy, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise of it.
  4. You may not assign, transfer, subcontract or deal in any other manner with any of your rights or obligations under these Terms without our prior written consent. Bogansoft may assign or transfer any of its rights or obligations under these Terms, in whole or in part, to any affiliate or successor in connection with a merger, reorganisation, sale of business or otherwise, without your consent.
  5. We shall not be liable for any delay or failure in performing our obligations under these Terms or any Contract to the extent such delay or failure is caused by events or circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, riots, strikes, industrial disputes, governmental actions, power failures, network or telecommunications breakdowns, failures of third-party hosting, cloud or software providers, or other similar events. In such circumstances, our obligations shall be suspended for the duration of the force majeure event.
  6. Nothing in these Terms creates any partnership, joint venture, employment or agency relationship between you and Bogansoft. You acknowledge that you do not have authority to bind Bogansoft in any way, and Bogansoft does not have authority to bind you, unless expressly agreed in writing.
  7. Any notices or communications under these Terms shall be in writing and may be delivered by hand, post, courier or email to the contact details last notified by one party to the other. Notices shall be deemed received:
    • if delivered by hand, on delivery;
    • if sent by registered post or courier, on the date indicated by the delivery records; and
    • if sent by email, at the time of transmission, provided that no system error or bounce-back is received.
  8. These Terms together with any Contract including any proposal, quotation or accepted by both parties constitute the entire agreement between you and Bogansoft in relation to the subject matter hereof and shall supersede all prior agreements, negotiations, representations and communications, whether it be oral or written between the parties.
  9. Any provision of these Terms which by its nature is intended to survive termination or expiry shall continue in full force notwithstanding termination or expiry of these Terms or any Contract.
  10. Except as expressly provided otherwise, no person other than you and Bogansoft has any right to enforce any provision of these Terms.