FaServe Management Terms and Conditions

Table of contents

  1. Website terms of use
  2. Website privacy policy
  3. Bookkeeping and Accounting service agreements
  4. Legal solutions disclaimer


Website Terms of Use

  1. General
    1. Please read the terms of service (the “Terms of Use”) set forth below, as they apply to your access and use of our services available on the domain and sub-domains of FaServe Management located at www.faserve.com (“Website”), including our various links, application programme interfaces, email notifications, applications buttons and widgets (collectively the “Services”), and any information, text, graphics, photos, statistical data, reports, charts, graphs, information, materials uploaded and downloaded including the documents and legal forms appearing as part of the Services (collectively referred to as the “Content”). Your access to the Website and use of the Services signifies your acceptance of these Terms of Use and agreement to be bound by them and any and all other applicable terms referenced herein absolutely including any applicable laws of Malaysia that may apply. If you do not agree to these Terms of Use, please exit the Website do not use the Services.
    2. These Terms of Use may be changed from time to time. All changes will be posted on this page, and your continued use of this Website after such changes have been posted will constitute your agreement to the modified changes to the Terms of Use.
    3. In these Terms of Use, all references to “you” or “your” or “User” as applicable, mean the person that accesses, uses the Website, and/or requests for the Services by signing up for an account on the Website (“Account”). If you open an Account on the Website on behalf of a business or a company or partnership or limited liability partnership or organization or association (“Legal Entity”), you represent and warrant that you have the authority to bind the Legal Entity and your acceptance of the Terms of Use will be deemed an acceptance by the Legal Entity and “you” or “your” or “User” herein shall refer to that Legal Entity.
    4. You agree that by using the Website and Services, you are of majority age and are legally capable of entering into any contractual relationship with FaServe and agreeing to these Terms of Use.
  2. Proprietary rights
    1. The Services are provided and operated by FaServe Management (“FaServe Management”), a company registered in Malaysia under the Companies Act.
    2. The Content is protected by copyright, trademark and other forms of proprietary rights.
    3. All intellectual property rights, title and interest in and to the materials provided on this Website and as part of the Services are owned by, licensed to or controlled FaServe Management or by our respective third party authors, developers and services providers. Except as otherwise expressly provided by FaServe, none of the materials may be copied, reproduced, republished, displayed or distributed in any way that is inconsistent with these Terms of Use and the provision of the Services by FaServe Management.
  3. Privacy Policy
    1. FaServe respects your privacy and is committed to protecting your personal data in accordance with the laws of Malaysia. FaServe’s Privacy Policy is expressly incorporated into these Terms of Use by reference. Please see this Website’s Privacy Policy below.
  4. Restrictions on Use of Contents
    1. Except as otherwise provided, the Content and Services shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior permission of FaServe Management. To use any parts of the Services, the user must sign up for an Account, stating the Content for use; intent of use; manner of use; timeframe of use and identity of the user. FaServe Management reserves the sole and absolute right to refuse permission without declaring any reason(s); and/or if information submitted by user is deemed insufficient.
    2. You may view, download and print the Content if:
      1. the Content is used as part of the Services which you have obtained from FaServe Management subject to Clause 5 below. The Content may only be used in a manner consistent with the nature of the Services provided to you for non-commercial or your personal or business use only and must not be sold, copied or posted on any network computer or broadcast, published, distributed in any media or form without the express written consent of FaServe Management;
      2. no alterations, additions or modifications of the Content is made in any way, except in accordance with Clause 5 of these Terms of Use; and
      3. due acknowledgement is given to “FaServe” and citing the sources for the relevant data extracted and where provided, the copy right and trademark notices appearing on any Content is not to be altered or removed.
      4. Modification of any of the Content or use of the Content for any other purpose will be a violation of FaServe Management’s copyright and other intellectual property rights. Content is protected by copyright and may not be reproduced or appropriated in any manner without written permission of FaServe Management.
      5. Any request to otherwise reproduce the Content for publication or commercial use should be addressed to admin@faserve.com.
      6. Your permission to use the Materials terminates forthwith if you breach any of the terms and conditions of these Terms of Use. On any such termination, you agree to immediately destroy or delete any downloaded or printed Content and any unauthorized use of the Content is in violation of the copyright, trademark and intellectual property rights of FaServe Management.
  5. Use of Forms
    1. On the Website, as part of the Services, we offer documents and standard forms as part of legal solutions provided by FaServe Management (“Documents and Forms”). You acknowledge that you have read our Legal Solutions Disclaimer below.
    2. FaServe Management grants you a limited, non-exclusive, non-transferable license to use the Documents and Forms for personal and for your intended business use. Except as otherwise provided for portions requiring information or modification in filling out the Forms for your authorised use, you shall not remove any copyright notice on the Documents and Forms.
  6. Disclaimer of Warranties and Limitation of Liability
    1. The Services are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, FaServe Management does not warrant and hereby disclaims any warranty:
      1. as to the accuracy, correctness, reliability, timeliness, non-infringement, title, -, suitability or fitness for any particular purpose of its Content; and
      2. that the Content available through these Services or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this website and the server is and will be free of all viruses and/or other harmful elements.
      3. FaServe Management shall not be liable to you for any damage or loss of any kind caused whether direct or indirect or consequential damage such as loss of use, date, revenue or profits as a result of or arising from the use of the Services, including but not limited to any damage or loss suffered as a result of reliance on the Content.
  7. Right of Access
    1. FaServe Management reserves all rights to deny or restrict access to its Services to any particular person, or to block access from a particular Internet address to its Services, or to terminate any Account, at any time, without ascribing any reasons whatsoever.
  8. Links from this Website to other websites
    1. The Services contain hyperlinks to websites which are not maintained by FaServe Management. FaServe Management is not responsible for the contents of those websites and shall not be liable for any damages or loss arising from access to those websites. Use of the hyperlinks and access to such websites are entirely at your own risk.
    2. Hyperlinks to other websites are provided as a convenience to the user. In no circumstances shall FaServe Management be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites to which it is linked.
  9. Links to this Website from other websites
    1. Except as set forth below, caching and links to, and the framing of the Services or any of the Content are prohibited.
    2. Linking to the Homepage: You may link to the Homepage of the Website, upon notifying the same in writing.
    3. Hyper linking to an internal page of this website: You must make a specific request for, and secure permission from FaServe Management prior to hyper linking to, or framing, this website or any of the Content, or engaging in similar activities. FaServe Management reserves the right to impose conditions when permitting any hyper linking to, or framing of this website or any of the Content.
    4. Your linking to, or your framing of this website or any of the Content constitutes acceptance of these Terms of Use. This is deemed to be the case even after the posting of any changes or modifications to these Terms of Use. If you do not accept these Terms of Use, you must discontinue linking to, or framing of this website or any of the Content.
    5. Under no circumstances shall FaServe Management be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that link to this website or any of the Content.
    6. FaServe Management reserves all rights to disable any links to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
    7. FaServe Management reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from this website or any of the Content.
  10. Viruses, Malware and Errors
    1. FaServe Management makes every endeavor to keep the Website, Contents and Documents and Forms free from viruses; however, FaServe Management does not make any guarantee or representations that the Website is secure or free from viruses. You shall take the necessary steps to ensure appropriate security measures are installed on your device or computer and utilize a virus scanner before downloading any information, software or documentation form the Website.
  11. Governing Law
    1. These Terms of Use shall be governed and construed in accordance with laws of Malaysia.

Website Private Policy

  1. We collect personal information when you register with us or in the course of your dealings with us. As we take your personal information seriously, we append herewith our privacy policy which explains to you how we use any personal information we collect about you.
  2. What information do we collect about you?

    We collect information about you when you register with us, use and access the Website, sign up for an Account and/or when you make any query or purchase any of our products. We also collect information when you voluntarily complete our customer surveys, provide feedback and participate in any of our programs.
    The information that we collect may include information that identifies you, including your name, age, identity card number, nationality, passport number, address, gender, date of birth, marital status, race, occupation, income range, name of company, particulars of your company,contact information and email address

  3. How will we use this information about you?

    We retain, use and process information about you, to keep as part of our business records, to manage your Account, to provide you the Services, to allow you access to the Contents,, to manage your accounts with us, for our internal record keeping, to establish business relationship with you and to email/SMS you about other products or services which we think may be of interest to you.
    While we maintain strict confidentiality on the personal data we have collected about you, we may however disclose your personal data to the following parties –

    1. our auditor, accountants, consultants and lawyers;
    2. our holdings, subsidiary and/or related or affiliated companies, third party service providers, business partners; and
    3. relevant governing authorities, credit reporting agencies and/or any other bodies/agencies which are legally allowed to collect, use and/or process your personal data.

  4. Marketing and your rights to withdraw your consent

    We would like to send you information about our products, services and other related to us which may be of interest to you.
    You have a right at any time to stop us from contacting you for marketing purposes or giving your information to other companies of our group by sending your request to us at pdpa@faserve.com.

  5. Consequence as a result of failure to supply your personal information

    The failure to supply your personal information or your withdrawal of consent for us to retain, use and process your data will result in us being unable to –

    1. provide you with the Services;
    2. keep a record and manage your Account;and
    3. email you about other products or services which we think may be of interest to you.
  6. Your rights to access to your information and correction

    You have the right to request for a copy of the personal information that we have retained about you. If you would like to have a copy of some or all your personal information, please send in your request to us at pdpa@faserve.com.
    We want to make sure that your personal information is accurate and up to date. If there is any changes of your personal information, kindly write to inform us to correct or remove information about you which is no longer accurate.

  7. Changes to our privacy policy

    We keep our privacy policy under regular review and we will place any updates on this website. This privacy policy was last updated on 4 October 2016.

  8. How to contact us

    Please contact us if you have any query about our privacy policy or information we retained about you by email to us at pdpa@faserve.com.

Bookkeeping and Accounting Service Agreement

Definitions

“We” “Us” and “Our” shall mean FaServe Management.
“You” “Your” and “Client” shall mean the signing party.
“Parties” shall mean the Client and Us jointly.
“Services” shall mean bookkeeping and accounting services provided by Us.
“Additional Service” shall mean a Client request over and above the Services initially quoted and accepted. These may include add-ons – similar to but not restricted to a bookkeeping rescue or soft internal audit, etc. These may be chargeable separately.
“Cloud Providers” shall mean third-party providers of applications used in the provision of our Services.
“Cloud Finance Ecosystem” shall mean the set of approved and tested Cloud applications and their service providers that We use in the provision of the Services agreed with the Client.
“Subscription Fee” shall mean subscription costs charged by Cloud Providers.
“Bookkeeper” shall mean the person appointed by Us to deliver the Services of bookkeeping.
“Project Manager” means the senior employee assigned to liaise with you and manage the project internally.
“Term” shall mean the period of time the Services is retained by the Client.
“Fee” shall mean the amount the Client pays Us per annum, as may be decided from time to time.

  1. Minimum requirements before commencing the Service
    1. Client permits Us to set up a Cloud Finance Ecosystem and agrees to:
      1. Let the Project Manager know if there are areas in Services that require special attention.
      2. Review the various service packages (Starter, Developing and Matured) found on www.faserve.com under FaServe>Pricing to decide which package suits your present requirements.
      3. Approve the quote and make payments based the agreed terms and conditions as stated in the quote and reproduced in our invoices.
  2. Frequency of service
    1. After assessing Your operations, We will inform you and provide a quotation for Our Services.
    2. We will review your operations every quarterly to determine if the service package has changed in terms of its number of transactions and complexity of business. If there are deviations to the terms and conditions in our Website pricing, we reserve the right to amend Your service package and we will reflect this in Our next invoice billing cycle.
  3. Provision of Service
    1. The precise scope of works detailing the roles, responsibilities/expectations and commercially reasonable service standards will be highlighted in the quote sent for confirmation.
    2. You agree that for the provision of the Services We are able to work remotely from our offices and we are not obliged to send any staff or employees to your offices or other location as you may require. This ensures We are able to have quality control over our Services.
    3. Our operating hours are from 9:00am to 5:30pm (MYT), Monday to Friday, with the exception of public holidays.
    4. The Client shall take full responsibility for possession and safe keeping of all physical bookkeeping documents. We will work on a digital copy of the records.
    5. All communication by and with the appointed Bookkeeper may be via digital means. While useful for clarifications, this is not recognised as a means of communicating facts or decisions, due to the impermanence and potential for misunderstanding. In view of the foregoing, any material facts or decisions must be communicated to us in writing, whether by way of a letter or fax sent to our address or fax number as provided to you.
    6. Client will be responsible for providing Our Bookkeeper documents within the same month of occurrence:
      1. Hire purchase and loan agreements;
      2. Changes in equity;
      3. Expenses incurred on behalf of the company by directors/shareholders;
      4. Material acquisitions and divestments; and
      5. Other documents as advised by the Project Manager or bookkeeper from time to time.
    7. The Client is responsible for checking any records produced by us and for flagging any issue noticed. Our engagements are subject to a maximum period of thirty (30) days. We are not liable to look at the issues that Client raises beyond this time period.
    8. We strive to produce work of high quality but due to the manual nature of bookkeeping and tax engagements, unintentional errors may arise. These may include but are not limited to errors of omission or typographical errors. The Client shall not hold us responsible for such unintentional errors caused and waives all rights to any claim against us arising from such unintentional errors of omission or typographical errors.
    9. The responsibility of maintaining Client records in Cloud Applications rests with Us. An audit trail keeps track of changes made by users. Mistakes made by Us are fixed at no cost to the Client. Mistakes made by the Client will be billed to the Client as Additional Services.
    10. We do not perform audits on source documents for completeness, accuracy, duplication, fraud and omissions.
  4. Cloud Finance Ecosystem
    1. The Subscription Fee for each Cloud Provider is inclusive in Our Fee.
    2. We try to replicate the branding requirements for the Client as closely as the software restrictions allow us to do. Cloud Providers have their own coding and feature restrictions, which may limit our capacity to achieve the exact results you may have from other software.
    3. The reporting templates are subject to similar restrictions. Though a large part of these are customisable, a complete replication of reporting structures familiar to the Client from other software may not be achievable.
  5. Timing
    1. We will endeavour to respond to a Client’s email within one (1) business day. We also expect Clients to answer our emails in a timely manner. If after ten (10) business days the Client has not replied to our questions and provided answers or supporting documentation, we can consider the project closed and completed. Any further work may require a project management fee to be paid.
    2. We work on all assignments in a timely manner and, as agreed with the Client, we will keep to time limits set with them. Any exceptions will be communicated to the Client as soon as possible.
  6. Data Protection
    1. Each Cloud Provider has a separate data policy. We recommend the Client understand each policy. By agreeing to use our Cloud Finance Ecosystem, the Client agrees to the terms and conditions expressed by the Cloud Provider.
    2. We recognise the importance of protecting the security, integrity and privacy of the Client’s financial information. We endeavour to take all reasonable steps to protect information and documents the Client may transmit to Us. Once we do receive the Client’s transmission, we will also make our best efforts to ensure its security in our systems.
    3. We will not sell or pass on details of the Client to third parties. Our employees and the contractors who provide services are contractually obliged to respect the confidentiality of financial and personal information held by Us. However, we will not be held responsible for events arising from unauthorized access to your information.
  7. Payment of Service
    1. The prices mentioned are fixed until 30 June 2017 are exclusive of any government taxes which maybe applicable. Thereafter, We may decide to discontinue the service or change the fee.
    2. Our Payment is payable quarterly in advance.
    3. We will invoice You no later than 10 days before the expiry of the quarter for the renewal of Services.
    4. If We need to spend more time with the Client because the workload has increased, we will inform the Client and allow a grace period of thirty (30) days to hire support or accept the rise in fee.
    5. Payment to be made to FaServe Management, within five (5) days of signing the engagement letter and/or five (5) days from invoice date whichever is the earlier.
    6. We currently accept bank transfer payment. Please note that any payment terms presented to you in the process of signing up for paid Services are deemed part of this Agreement.
  8. Payment Terms
    1. The Fee for the services covered by this engagement is subject to change, and our payment terms are “Payment in Advance”. If the Client fails to pay our invoice in accordance with our payment terms, We reserve the right to suspend/cease the work of the Client immediately and without penalty.
    2. We also reserve the right to invoice for any outstanding work in progress and hold all working papers/reports created by us until payment of the account is received in full. Any estimate of the cost of service is only an estimate and the actual cost may vary. It may not always be possible to provide an accurate estimate of the total cost, as the total cost may change due to unforeseeable problems and delays, the cooperation or otherwise of third persons and deficiencies in documentation. If the costs are likely to be significantly higher than originally estimated, we will provide you with an additional letter informing you of this and stating the reasons for the likely increase.
    3. We will review you.
  9. Cancellation of Service
    1. We or the Client can cancel the engagement within the first thirty (30) days of the engagement by giving Notice in writing (an email from the Client to such effect is also acceptable). If the Client cancels the Services (or Additional Service, if any) within the first 30 (thirty) days, a refund of Fee will be provided minus handling charges and administrative fees. Discontinuation of services may take up to ten (10) working days. If the cancellation is requested after the first thirty (30) days of the engagement, no refund will be applicable.
    2. In the case of termination, Client agrees that payment for all services accrued up to and including the date of termination will be paid immediately upon receipt of Our Invoice.
    3. On cancellation/termination, the ownership of the Cloud Finance Ecosystem will be transferred/ handed over to the Client. Subsequent ongoing monthly Subscription Fee to such Cloud Providers will be borne by the Client.

Legal Solutions Disclaimer

  1. Client must be an active subscriber of our bookkeeping and accounting services to have access to our template legal documents.
  2. The template legal documents on [www.faserve.com] (“Templates”) are provided for use by you under license from us, FaServe. FaServe retains the copyright to the Templates which may only be used in accordance with our terms and conditions stated herein.
  3. You will need to edit the Templates before use, guidance of which is provided within the Templates that require Your editing and input of information. You acknowledge that you are solely responsible for the appropriate use and editing of the Template, specifically that –
    1. we do not give any legal advice relating to the use of the documents;
    2. we do not give any assurance or guarantees as to the suitability, sufficiency and appropriateness of the use of the Templates which you have put them to; and
    3. the Templates are not intended to be a substitute for professional legal advice.
  4. No lawyer-client relation is created through the use of our website and/or the Templates and you must not rely on the information here as an alternative to professional legal advice. All information provided on this website is for general information purposes and is provided without any representations or warranties whether express or implied.
  5. If you have any specific legal questions or doubts about the editing and appropriate use of the Templates, you should seek professional legal advice and request a quote for legal services from our panel of solicitors by submitting your enquiry on www.faserve.com Services>Legal. Our panel of solicitors will be able to properly assess your contract in ensuring that your objectives and concerns are addressed.