Terms and Conditions

The following terms and conditions govern the use of the Electronic Ads Delivery System (EADS) provided by Datamation Technology (M) Sdn. Bhd. (376857-P), a company incorporated in Malaysia and having its registered office at 9-2, Suite No: 1, Jalan Desa, Taman Desa, 58100 Kuala Lumpur. Registration with and subsequent use of EADS constitutes your acceptance of these terms and conditions and will be deemed to be an Agreement between you (hereinafter referred to as "Client") and Datamation Technology (M) Sdn Bhd. (hereinafter referred to as "Datamation Technology") for the use of EADS.

  1. Registration

    Acceptance of registration and subsequent use of EADS is at the sole discretion of Datamation Technology. Client will be notified of registration acceptance by e-mail and a username with the password will be provided for access to the system.

  2. Ownership

    Ownership and intellectual property rights of the EADS website inclusive of all its contents belong to Datamation Technology and may not be reproduced, copied, sold or modified without the prior explicit approval in writing from Datamation Technology.

  3. License

    Datamation Technology grants Client a non-exclusive license to access and use EADS for its internal business purposes only. This license is non-transferable and may, at Datamation Technology’s sole discretion, be terminated at any time without prior notice. Datamation Technology reserves the right to, at its sole discretion, at any time and without prior notice, terminate or restrict the Client’s access to the whole or any component of the EADS website and its services. Datamation Technology reserves the right to vary the specifications of the EADS website and/or service from time to time without prior notice to the Client.

  4. Service

    4.1 Use and Availability: EADS is an internet based service where the quality of service, such as speed and uploading capability, may involve reliance on third party data communication carriers, internet service providers, and other third parties, over which Datamation Technology has no control. It is therefore impossible to guarantee uninterrupted service availability. Datamation Technology will however make every reasonable effort to provide Client with 24 hour, 7 days a week service and will, whenever possible, provide prior notice of system downtime due to scheduled maintenance, system upgrades, etc.

    4.2 EADS AutoFix website – The system will attempt to correct errors detected in the transmitted file/s. The Client will be able to see the initial errors detected by the system with the RIP-ed PDF files available for preview prior to the approval to be transmitted to the respective publisher.

  5. Client Support

    Our client support desk is open Monday to Friday 9am to 7.30pm except for weekends and public holidays.

  6. Responsibility

    The Client is solely responsible for the contents of the advertisement file transmitted to the publisher (receiver) via EADS. The EADS system will perform pre-flight checks on the file to detect errors prior to transmission to the publisher (receiver). However, there is no guarantee whatsoever, explicit or implied, that the file will be accepted by the publisher (receiver). There is also no guarantee to the publisher (receiver) that the advertisement file transmitted to them via EADS will be suitable for publication and meet all their standards for an electronic advertisement file.

  7. Liability

    The Client acknowledges and agrees that:

    7.1 Datamation Technology will not be liable for any loss or damage, including but not limited to indirect, incidental, special, consequential or economic loss or loss of profit arising out of or in any way connected with the use or non-use of EADS, its lack of availability or otherwise arising out of the use of the service.

    7.2 The Client is solely responsible for verifying the correctness, accuracy and reliability of all results provided by EADS.

    7.3 The Client undertakes to indemnify and hold Datamation Technology harmless against any liability whatsoever arising from any claim or action made by any third party in connection with or arising out of Client’s use of EADS and this indemnity shall include, but not be limited to, any legal costs reasonably and properly incurred by Datamation Technology in the defense of any such action or claim.

    7.4 The Client undertakes to indemnify and hold Datamation Technology harmless against any liability whatsoever arising from any breach by the Client of any provision of this Agreement

    7.5 We serve the rights to update the Terms & Conditions – we will post a notification about the change of terms, and update it on the website. The new T&C will be effective immediately.

    7.6 We might contact users from on our portal for various reasons, including support, billing enquiries, marketing updates and newsletters.

  8. Billing & Payment

    Charges for the use of EADS are detailed in a rate card which can be obtained from Datamation Technology. Datamation Technology reserves the right to change these rates from time to time. However, all registered Client will be given by e-mail two weeks prior notice of any change. Invoicing will be on a monthly basis and payment must be made within two weeks or within the agreed credit terms from the date of invoice. Accounts that are inactive for 12 months or more will be closed.

    Payment gateway via our site are in accordance to ipay 88 T&C.

  9. Duration

    This agreement will be for an initial period of one (1) year and will automatically be renewed thereafter for subsequent one (1) year periods unless terminated by either party in accordance with the terms of this Agreement.

  10. Termination

    Either party may terminate this Agreement by giving notice to the other.

  11. Applicable Law

    This Agreement shall be governed by and construed in accordance with the laws of Malaysia.

  12. General

    12.1 In the event that any one or more of the provisions of this Agreement shall, for any reason, be held to be unenforceable in any respect under the laws of Malaysia, such unenforceability shall not affect any other provision of this Agreement, but this Agreement shall then be construed as if such unenforceable provision or provisions had never been contained herein.

    12.2 Any waiver by either party of a breach or default by the other party shall not be construed as a waiver of any subsequent breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or remedy it may have hereunder or in law operate as a waiver of any breach or default by the other party.

    12.3 No party shall assign or transfer any its rights, benefits or obligations herein without the prior written consent of the other.

    12.4 This Agreement shall bind the parties hereto and their respective successors in title and permitted assigns.

    12.5 The headings used in this Agreement are included for convenience of reference only and will not limit or otherwise affect the construction or interpretation of the Agreement.