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General Terms & Conditions

These Rev Up Digital General Terms and Conditions provide the general terms and conditions applicable to all Services published on Rev Up Digital Website.

These Rev Up Digital General Terms and Conditions (including the schedule appended to them), Rev Up Digital Budget Allocation/ Investment Plan accepted by You, additional terms, conditions and policies published on Rev Up Digital Website and other addendum (collectively the “Agreement”) contain the terms and conditions that govern Your purchase and use of the Service offered by Rev Up Digital Solution. [202103083123 (003250294-V)] and its affiliates (the “Rev Up Digital”, “We”, “Us” or “Our”). This Agreement is an agreement between Rev Up Digital and You and it refers to words defined in the Rev Up Digital Budget Allocation/ Investment Plan accepted by You. You and Rev Up Digital together may be referred to herein as the “Parties” and each may be referred to herein as a “Party.”

You represent to Us that You are lawfully able to enter into contracts. If You are entering into this Agreement for a legal entity, You represent to Us that You have legal authority to bind that legal entity. You acknowledge that You have read the Agreement, and You agree to any terms, conditions and policies as may be posted on Rev Up Digital Website from time to time and are incorporated herein by reference

1. Term

1.1. The term of this Agreement will commence on the date of Your written acceptance of Budget Allocation/ Investment Plan.

1.2. Unless sooner terminated pursuant to other terms and conditions of this Agreement, and except as otherwise provided in this Agreement and any addendum signed by the Parties, this Agreement shall remain in effect throughout the Service Period.

2. Provision of Service

2.1. At the request of You and subject to acceptance by Rev Up Digital, Rev Up Digital will provide the Service.

2.2. Rev Up Digital will carry out the Service between 9.00 a.m. to 6.00 p.m. on any Monday to Friday excluding a public holiday based on Malaysia calendar.

3. Changes

3.1. Rev Up Digital and You may agree to additional change or modified service (including the Service as a whole) through an addendum to the Rev Up Digital Budget Allocation/ Investment Plan accepted by You, and that addendum shall become part of this Agreement when executed by both Parties

4. Fee and Payment

4.1. You shall pay to Rev Up Digital fee and other charge as prescribed in Rev Up Digital Budget Allocation/ Investment Plan accepted by You or any addendum to Rev Up Digital Budget Allocation/ Investment Plan executed by both Parties. Payment shall be made using any of the modes of payment as set out in Rev Up Digital Budget Allocation/ Investment Plan accepted by You.

4.2. You shall promptly pay before the invoice due date specified on each invoice issued by Rev Up Digital. You shall continue to be liable for any applicable charge during the period of interruption or loss of Service from any cause whatsoever.

4.3. Rev Up Digital may accept prepayment for Service to be provided under this Agreement, but such acceptance shall not modify or extend the terms and conditions of this Agreement.

4.4. All payment due to Rev Up Digital under this Agreement shall be made in full, without deduction for any reason, including but not limited to, set-off, counterclaim or other equitable or lawful claim.

4.5. Account with a returned check and/or e-check will be assessed a returned item fee as described in Schedule I.

4.6. Any payment not received on the invoice due date, will be assessed a late payment fee of one and one-half percent (1 1/2%) per month of any fee remaining unpaid or the highest rate allowed by applicable law, whichever is higher, with a minimum of late fee as per described in Schedule I (“Late Fee”). You shall pay to Rev Up Digital all expenses incurred by Rev Up Digital in exercising any of its right under this Agreement or applicable law with respect to a payment default or other breach by You, including (but not limited to) reasonable attorneys’ fee and the fee of any collection agency retained by Rev Up Digital. Late Fee will continue to accrue as long as there is an outstanding balance.

4.7. One Time Cost is due and payable at the time it is incurred, and/or in accordance with this Agreement.

4.8. Rev Up Digital may, in its sole discretion, refund any amounts as it deems necessary or advisable.

4.9. All the fee and charge shall be payable in Ringgit Malaysia (RM).

4.10. In the event of an invoice dispute, You shall pay all undisputed amounts on the invoice due date. To the extent that You dispute any portion of the invoice, You shall notify Rev Up Digital in writing and provide documentation supporting Your dispute before the invoice due date or Your right to any billing adjustment shall be waived. If the dispute is resolved against You, You shall pay such amount due to plus interest as set forth in this Agreement from the date the payment was originally due.

4.11 All successfully registered domain names are not refundable. 

4.12 All promotion packages, plans, services are not refundable.

4.13 Onetime charges will be applied for website design packages that are under promotions if clients want to migrate out from Rev Up Digital.

5. Tax

5.1. You will be responsible for the payment of all tax (including withholding tax and service tax), duty (including stamp duty), fee and other charges made by any government authority in relation to this Agreement (other than tax payable on the overall income of Rev Up Digital).

5.2. Unless otherwise specified, the fee and charge do not include sales tax or service tax (if applicable).

5.3. You will pay and indemnify and hold Rev Up Digital harmless from any and all tax associated with or arising from Your use of the Service, including any penalty and interest and any cost associated with the collection or withholding thereof.

5.4. “SST” referred to in Rev Up Digital Budget Allocation/ Investment Plan accepted by You means “service tax imposed by the government of Malaysia”.

5.5. “Digital Tax” referred to in Rev Up Digital Budget Allocation/ Investment Plan accepted by You means “service tax on digital service imposed by government of Malaysia”.

6. Technical Support

6.1. Rev Up Digital does not provide technical support for any third party software. The third party software is offered on an “as-is” basis. The provision and offering of third party software by Rev Up Digital does not constitute an endorsement of the third party software, nor can Rev Up Digital make any representations or warranties regarding the use and functionality of such third party software.

7. Security

7.1. You acknowledge that Rev Up Digital shall not be liable for the security of Your Facebook, YouTube, Instagram or LinkedIn administrative account or webpage; or Your Google Ads Manager, Facebook Ads Manager, Google Analytics, Google Tag Manager or Your customer management system (CMS) administrative account; or Your any other account as the situation may require or Your backend management system such as WordPress; or Your website administrative account; or Your website; or Your data on any of Your equipment or passing over the Service. Rev Up Digital shall have no obligation to ensure, and makes no representation or warranty concerning the security of such data or such administrative account or webpage or website. You shall be solely responsible for the data retrieved, stored or transmitted through the Service.

7.2. You agree that Rev Up Digital is not liable for any unauthorised access to Your data; Your Facebook, YouTube, Instagram or LinkedIn administrative account or webpage; or Your Google Ads Manager, Facebook Ads Manager, Google Analytics, Google Tag Manager or Your customer management system (CMS) administrative account; Your any other account as the situation may require or Your backend management system such as WordPress; or Your website administrative account; or Your website even when the access occurs as a result of a fault in equipment or software owned, operated or supplied by Rev Up Digital.

7.3. You are responsible for properly configuring and using the Service and taking the necessary steps to maintain appropriate security and protection of Your content; Your Facebook, YouTube, Instagram or LinkedIn administrative account or webpage; or Your Google Ads Manager, Facebook Ads Manager, Google Analytics, Google Tag Manager or Your customer management system (CMS) administrative account or Your any other account as the situation may require or Your backend management system such as WordPress; or Your website administrative account; or Your website; which may include the use of encryption technology to protect that content and account from unauthorized access and make routine archiving of that content.

8. Personal Data

8.1. You agree to Rev Up Digital’s collection and use of Your or Your employee, worker, agent or representative personal data in connection with the Service in accordance with Rev Up Digital’s Privacy Policy located in Rev Up Digital Website.

8.2. You agree that Rev Up Digital or its representative may send You marketing materials and information using Your personal information. You may opt-out from this clause by notifying Rev Up Digital in writing.

9. Backup Files and Processing

9.1. Rev Up Digital does not guarantee the existence, accuracy, or regularity of its backup service, and therefore, You are responsible for making back-up files in connection with Your use of the Service. The accuracy and quality of backup processes provided by third party software, such as the individual third party control panels, is not guaranteed by Rev Up Digital.

9.2. You are responsible for properly configuring and using the Service and taking Your own steps to maintain appropriate backup of Your content.

10. Your Responsibilities

10.1. You are solely responsible for the development (if applicable), content, operation, maintenance, and use of Your content. For example, You are solely responsible for:

(a) the technical operation of Your content, including ensuring that calls You make to any Service are compatible with then-current application program interface (API) for that Service;

(b) compliance of Your content with Rev Up Digital Acceptable Use Policy, the other policies, and the law;

(c) claims relating to Your content; and

(d) properly handling and processing notices sent to You (or any of Your affiliates) by any person claiming that Your content violates such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.

10.2. You agree that You will not distribute, electronically transmit or display any materials supplied by You, or through You by a third party, to any Rev Up Digital server in connection with Your use of the Service which:

(a) violates any state, federal or foreign law or regulation;

(b) infringes on any intellectual property right anywhere in the world (e.g. copyright, trademark, patent or other proprietary rights) of Rev Up Digital or any third party;

(c) are defamatory, slanderous or trade libelous;

(d) are threatening or harassing;

(e) are discriminatory based on gender, race, age or promotes hate which violates any Rev Up Digital policy posted on the Rev Up Digital Website including but not limited to those listed in Rev Up Digital Acceptable Use Policy; and

(f) contains viruses or other computer programming defects which result in damage to Rev Up Digital or any third party.

10.3. You agree that You will not use the Service:

(a) for any unlawful purpose such as, but not limited to, vice, gambling or other criminal purpose whatsoever or for sending to or receiving from any person or displaying any message or posting which is offensive on moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or menacing character;

(b) for any purpose which is against public interest, public order or national harmony;

(c) to publish defamatory, infringing, obscene or other unlawful material;

(d) in connection with the infringement of the copyright, patent, trademark, trade secret or other proprietary right of any third party or right of publicity or privacy;

(e) to interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without authorisation by the owner of the said service, equipment or computer network;

(f) to resell the Service or otherwise provide the Service to anyone unless permitted by Rev Up Digital.

(g) in violation of any laws relating to unfair competition, anti-discrimination or false advertising; or

(h) that result in distribution of viruses, Trojan horse, worm, time bomb, bots, or other similar harmful or deleterious programming routine.

11.4. You agree to use only properly licensed third party software in connection with the use of the Service.

10.5. You shall, prior to reporting a Service failure or problem, carry out all necessary steps to determine the cause of the Service failure or problem.

11. Temporary Suspension

11.1. Rev Up Digital may suspend Your right to access or use any portion or all of the Service immediately upon notice to You if We determine:

(a) Your use of the Service (i) poses a security risk to the Service or any third party, (ii) may adversely impact the Service or the system or content of any other Rev Up Digital customer, or (iii) may subject us, Our affiliates, or any third party to liability;

(b) You are in breach of this Agreement;

(c) You are delinquent on Your payment obligations for more than three (3) days; or

(d) You have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of Your asset, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

11.2. If Rev Up Digital suspends Your right to access or use any portion or all of the Service:

(a) You remain responsible for all fee and charge You have incurred through the date of suspension;

(b) You remain responsible for any applicable fee and charge for any Service to which You continue to have access, as well as applicable data storage fee and charge, and fee and charge for in-process tasks completed after the date of suspension;

(c) any such suspension shall not be a breach by Rev Up Digital of this Agreement.

11.3. In the event of a suspension, Rev Up Digital reserves the right to charge You a fee for the re-activation of the service in accordance with Schedule I.

12. Termination

12.1. Rev Up Digital may terminate this Agreement immediately upon giving seven (7) days’ written notice to You:

(a) if Rev Up Digital’s relationship with a third party partner or provider which provides software or other technology Rev Up Digital uses to provide the Service expires, terminates or requires Rev Up Digital to change the way Rev Up Digital provides the software or other technology as part of the Service;

(b) if Rev Up Digital believes that providing the Service could create a substantial economic or technical burden or material security risk for Rev Up Digital;

(c) in order to comply with the law or request of governmental entity;

(d) if Rev Up Digital determines that use of the Service by You or Rev Up Digital’s provision of any of the Service to You or any end user has become impractical or unfeasible for any legal or regulatory reason; or

(e) without having to give any reason.

12.2. Rev Up Digital reserves the right to refuse the Service to anyone. Rev Up Digital, in its sole discretion, may immediately terminate this Agreement if:

(a) You engaged in any of the activities as spelled out but not limited to in Clause 10 (Your Responsibilities) above; or

(b) Rev Up Digital or You commits a material breach of its obligations under this Agreement which is incapable of remedy; or

(c) Rev Up Digital or You commits a material breach of its obligations under this Agreement which is capable of remedy but which is not remedied within thirty (30) days after the receipt of written notice of default from the other Party; or

(d) Rev Up Digital or You is insolvent or takes any corporate action, or other step is taken or legal proceeding is commenced for its winding up, liquidation or dissolution (other than for the purposes of solvent reconstruction on terms approved by the Party proposing to terminate this Agreement) or for the appointment of a receiver, receiver and manager, official manager, liquidation, provisional liquidator, trustee or similar officer of it or of any or all of its revenue and asset, or

(e) in the event any equipment or combination thereof, including hardware and software used by Rev Up Digital in offering of its Service, become affected in their performance and/or functionality so as to render it impossible for Rev Up Digital to continue to provide the Service. In such event the sole extent of Rev Up Digital liability shall be the refund of any advance fee paid by You for the duration of the interruption prior to termination.

12.3. If the Agreement or Service is terminated by Rev Up Digital due to non-compliance by You of any provision in this Agreement prior to the expiry of the Service Period, You shall pay Rev Up Digital in full charges equivalent to one (1) month service fee for each Service purchased.

12.4. You may terminate this Agreement by giving Rev Up Digital a thirty (30) days’ written notice. If the Agreement or Service is terminated by You prior to the expiry of the Service Period, You shall pay Rev Up Digital in full charges equivalent to one (1) month service fee for each Service purchased.

12.5. On termination or expiration of this Agreement, You shall pay Rev Up Digital:
(a) all amount invoiced to You in accordance with this Agreement and remains unpaid as at the termination date together with the interest charged on that amount; and

(b) all amount incurred by You but not invoiced to You as at the termination date.

12.6. Termination of this Agreement by either You or Rev Up Digital for any reason whatsoever shall be without prejudice to any other right, remedy or claim Rev Up Digital may have against You under this Agreement or at law in respect of any antecedent breach by You of any provision of this Agreement.

12.7. If Rev Up Digital terminates Your right to access or use any portion or all of the Service:
(a) Rev Up Digital obligations under this Agreement shall cease;

(b) You remain responsible for all fee and charge You have incurred prior the date of termination;

(c) You remain responsible for any applicable fee and charge for any Service to which You continue to have access, as well as applicable data storage fee and charge, and fee and charge for in-process tasks completed after the date of termination;

(d) Any such termination shall not be a breach by Rev Up Digital of this Agreement.

13. Proprietary Rights

13.1. As between You and Rev Up Digital, You or Your licensor owns all right, title, and interest in and to Your content. We obtain no rights under this Agreement from You or Your licensor to Your content, including any related intellectual property right anywhere in the world. You consent to Rev Up Digital use of Your content to provide the Service to You. Rev Up Digital may disclose Your content to provide the Service to You or to comply with any request of a governmental or regulatory body (including subpoena or court order).

13.2. You represent and warrant to Rev Up Digital that:

(a) You or Your licensor own all right, title, and interest in and to Your content and Your submission;

(b) You have all right in Your content and Your submission necessary to grant the right contemplated by this Agreement; and

(c) None of Your content, Your submission will violate Rev Up Digital Acceptable Use Policy.

13.3. Rev Up Digital or its licensor retains Our rights in Our pre-existing intellectual property right.

13.4. Pursuant to and for the consideration set out in this Agreement, Rev Up Digital hereby assign(s) to You absolutely (i) all or any of intellectual property right, title and interest in literary work, artistic work, film, sound recording and derivative works (where applicable) created or developed in connection with the Service (“Service Intellectual Property”), and (ii) the right to bring, make, oppose, defend, appeal proceedings, claims or actions and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of the Service Intellectual Property whether occurring before, on, or after the date of this Agreement. The Service Intellectual Property excludes commercial font, content management system and media website tools used by Rev Up Digital in order to provide the Service. Rev Up Digital shall, at Your cost and expense, use all reasonable endeavour to procure any third party to execute such document or perform such acts as may be required for the purpose of giving full effect to this provision.

13.5. Rev Up Digital excludes all its liability, to the fullest extent permissible by law, that may arise from any Service Intellectual Property, material or content published during the performance of the Service, whether arising from negligence or otherwise.

13.6. Rev Up Digital irrevocably and unconditionally waives in favour of You all and any moral or equivalent right (whether conferred by the Copyright Act 1987 or otherwise) which Rev Up Digital may now or at any time possess in respect of the Service Intellectual Property in so far as legally possible in any part of the world.

13.7. As between You and Rev Up Digital, You grant Rev Up Digital a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to do the following during the term of this Agreement:

(a) access, use and reproduce the Service Intellectual Property solely in accordance with this Agreement; and

(b) publish the Service Intellectual Property on a specific website or social media platform, as the case may be.

13.8. All license granted to Rev Up Digital in this Agreement will immediately and automatically terminate upon the termination of this Agreement, save and except for license granted in Clause 14.10, You will not assert, nor will You authorize, assist, or encourage any third party to assert, against Us or any of Our affiliates, customer, vendor, business partner, or licensor, any patent infringement or other intellectual property infringement claim regarding any Service You have purchased.

13.9. You may only use the Rev Up Digital trademark (if any) in accordance with the Trademark Use Guidelines as published on Rev Up Digital Website. This clause will terminate immediately upon termination or early expiration of this Agreement.

13.10. In consideration of mutual agreement contained in this Agreement, Rev Up Digital is granted perpetual, worldwide, non-exclusive and limited rights to use Your name, logo and trademark on Rev Up Digital’s Website, social media or any material to advertise or promote its digital marketing service to other prospective customers. This clause will survive the termination of this Agreement. You may opt-out from this clause by notifying Rev Up Digital in writing.

14. Confidentiality

14.1. All information provided by Rev Up Digital to You under this Agreement shall be treated as confidential by You (“Confidential Information”). Such Confidential Information includes but is not limited to the Service, any fee, document, recommendation and report in relation to the Service.

14.2. You shall not disclose any Confidential Information, in whole or in part, to any third party except (i) as explicitly authorised by Rev Up Digital, or (ii) to appropriate regulatory body as instructed or to the extent required by law or regulation or order of a court, tribunal, government authority or competent jurisdiction.

14.3. The obligation on confidentiality shall remain in force for a period stated of three (3) years from the disclosure of such Confidential Information notwithstanding termination or expiry of this Agreement.

15. Suggestion

15.1. If You provide any suggestion to Rev Up Digital or its affiliates, Rev Up Digital will own all right, title, and interest in and to the suggestion, even if You have designated the suggestion as confidential. Rev Up Digital and its affiliates will be entitled to use the suggestion without restriction. You hereby irrevocably assign to Rev Up Digital all right, title, and interests in and to the suggestion and agree to provide us any assistance We may require to document, perfect, and maintain Our rights in the suggestion.

16. Indemnity

16.1. You shall Indemnify, defend and hold harmless Rev Up Digital from any and all liability, penalty, loss, damages, cost on a solicitor-and-client basis, expense, attorneys’ fee of whatever nature arising out of or in connection with (i) any claim or action made against Rev Up Digital caused by or resulting directly or indirectly from Your use of the Service without any limitation or exception or from Your conduct; or (ii) breach of third party intellectual property rights anywhere in the world (e.g. copyright, trademark, or other proprietary rights). This indemnification and hold harmless agreement extends to all issues associated with You, including Your website content and content on Your Facebook, YouTube, Instagram or LinkedIn webpage or account.

17. Limitation of Liability

17.1. Under no circumstances, unless specifically made within the terms and conditions of this Agreement, shall Rev Up Digital, its officer, agent or anyone else involved in creating, recreating, producing or distributing Rev Up Digital’s Service be liable whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any indirect, incidental, special or consequential loss or damages (including loss of revenue or profit) that result from the use of or inability to use of the Service; nor shall liability be accepted for that which results from any mistake, omission, interruption, deletion or loss of file, error, defect, deficiency, deterioration in quality, incompatibility, unsuitability, delay in operation, or transmission or any failure of performance, whether or not limited to act of God, communication failure, power failure, theft, destruction, deletion, corruption or unauthorized access to Rev Up Digital’s record, equipment, programs or the Service.

17.2. Rev Up Digital’s aggregate liability arising out of this Agreement and the use of the Service will not exceed the total fee and charges You have paid to Rev Up Digital for the Service under this Agreement. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In such cases, Rev Up Digital’s liability will be limited to the fullest extent permitted by applicable law.

18. Notice

18.1. Rev Up Digital may provide any notice to You under this Agreement by delivering in person or sent by one of the following methods: (i) registered mail, or (ii) electronic mail, to the address or email address stated in the Rev Up Digital Budget Allocation/ Investment Plan accepted by You.

18.2. To give Us notice under this Agreement, You must contact Rev Up Digital (i) by emailing Rev Up Digital consultant stated in Rev Up Digital Budget Allocation/ Investment Plan, or (ii) by personal delivery, overnight courier or registered or certified mail to Rev Up Digital address stated in Rev Up Digital Budget Allocation/ Investment Plan.

18.3. Notice by email will be effective on the acknowledgement of the email by the recipient. Notice provided by personal delivery will be effective immediately. Notice provided overnight couriers will be effective one business day after they are sent. Notice provided registered or certified mail will be effective three (3) business days after it is sent.

19. General

19.1. This Agreement shall be governed and construed in all respects in accordance with the laws of Malaysia and the Parties hereto hereby submit to the jurisdiction of the courts of Malaysia.

19.2. This Agreement constitutes the entire agreement between the Parties; it supersedes any and all prior or contemporaneous oral or written agreement, negotiation, communication, understanding and term, whether express or implied.

19.3. Rev Up Digital may from time to time, vary or modify the terms and conditions of this Agreement (including any policies) by posting a revised version on the Rev Up Digital Website. The modified terms and conditions will become effective upon posting or, if Rev Up Digital notifies You by email, as stated in the email message. By continuing to use the Service after the effective date of any modifications to this Agreement, You agree to be bound by the modified terms and conditions. It is Your responsibility to check the Rev Up Digital Website regularly for modifications to this Agreement.

19.4. Additional terms and conditions and policies set out in Rev Up Digital Website are in addition to this Agreement and Rev Up Digital reserves the right to revise those terms and conditions from time to time. In the event of any conflict or inconsistencies between the provisions of this Agreement and any terms and conditions set out in Rev Up Digital Website, the terms and conditions set out in Rev Up Digital Website shall prevail.

19.5. This Agreement is not intended to create a partnership, joint venture, or relationship of trust or agency, or employer and employee between the Parties. Rev Up Digital shall be Your independent contractor.

19.6. We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Our reasonable control, including acts of God, fire, flood, theft, labour dispute or other industrial disturbance, systemic electrical, telecommunication, or other utility failure, earthquake, storm or other element of nature, blockage, embargo, riot, act or order of government, act of terrorism, or war.

19.7. You shall not assign or transfer any of Your rights or obligations under this Agreement without Rev Up Digital’s prior written consent.

19.8. The failure of any Party to enforce any right resulting from breach of any provision of this Agreement by the other Party shall not be deemed a waiver of any right relating to a subsequent breach of such provision or of any other right hereunder.

19.9. This Agreement is binding on the Parties and ensures to the benefit of their respective assign and successor, including liquidator and/or receiver.

19.10. In the event any of this term, condition and provision or those of any schedule, additional term, condition or policy published on Rev Up Digital Website, or other addendum will be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision, additional term, condition or policy published on Rev Up Digital Website, or other addendum will to that extent be severed from the remaining terms, conditions and provisions, additional terms, conditions or policies published on Rev Up Digital Website, or other addendum which will continue to be valid to the fullest extent permitted by law.

19.11. The Parties’ rights and obligations, which, by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive termination, cancellation or expiration of this Agreement.

19.12. Each Party shall bear its own costs in the preparation of this Agreement (including but not limited to legal expenses).

19.13. All communication and notice to be made or given pursuant to this Agreement must be in the English language.

19.14. The headings in this Rev Up Digital General Terms and Conditions (including the schedule appended to them), additional terms, conditions and policies published on Rev Up Digital Website are for convenience only and have no legal effect.

20. Definitions

“Rev Up Digital Website” means the website in www.revup.digital or any successor website.

“One Time Cost” or “OTC” means a non-recurring fee (i) chargeable for, or (ii) incurred, as a result of the provision of each of the Services (e.g. Setup Fee, administrative charge and Late Fee).

“Service” means service package (i) made available by Rev Up Digital or its affiliates; (ii) as detailed in Rev Up Digital Website; and (iii) as set out in Rev Up Digital Budget Allocation/ Investment Plan accepted by You, in consideration of payment of relevant fees by You to Rev Up Digital.

“Service Period” means the Service duration stipulated in the Budget Allocation/ Investment Plan accepted by You that Rev Up Digital will provide the Service in consideration of payment of relevant fees by You to Rev Up Digital.

“Setup Fee” means the fee payable to Rev Up Digital for setting up of the following Service purchased by You (i) Google.com advertising campaign, (ii) Facebook.com and Instagram.com advertising campaign, (iii) conversion tracking, (iv) Google Analytics i.e. a web analysis service offered by Google.com, or (v) one (1) conversion page or landing, or one (1) set of Google banner advertising campaign design of 5 different sizes, exclusive of any tax.

 

 

General Terms & Conditions