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​Terms and Conditions for Custom Power App for Business Subscription


By engaging in the services provided by GetOn, the customer acknowledges that they have read, understood, and agreed to Terms and Conditions.

1. Introduction

These terms and conditions ("Agreement") govern the use of the GetOn and/or Startups Venture Power App ("the App"). By accessing or using the App, you agree to be bound by these terms.


2. Definitions
  • "Client", "Customer", "You" refers to the individual or entity using the App.
  • "Service Provider", "We", "Us", "Our", "GetOn" and/or SHILL.ES refers to Startups Venture.
  • "App" refers to the Power App provided by Startups Venture.

3. Scope of Service
  • Subscription-Based Service (Recurring Billing): Clients opting for the subscription-based service agree to a minimum contract of 36 months, with recurring monthly fees. This plan includes ongoing access to the App for task management, data entry, and administration.
  • Project-Based Service (Phase Billing): Custom development services will be provided in phases. Each phase will be billed separately as per the scope of work, and the charges may vary based on the complexity of the project.

4. Subscription and Payment
  • Subscription-Based Service (Recurring Billing): The Client agrees to pay a recurring monthly fee for a minimum contract duration of 36 months. Billing is in advance for each billing cycle, with payments due before the start of the next cycle. Late payments may result in suspension or termination of services.
  • Project-Based Service (Phase Billing): Payments are made per phase, with 50% due before starting each phase and 50% upon completion. Discovery is charged at RM500 per day, while development costs depend on the complexity of the project:
    • Discovery Phase: RM500 per day for the Discovery session, with an estimated duration of 2-3 days.
    • Development Phase: Development costs may vary depending on the complexity of the app, as determined during the Discovery phase. Development is billed as follows: 50% before starting, and the remaining 50% upon completion of each phase.
  • Additional features or changes outside the agreed scope will be quoted separately.
  • In either case, late payments will incur a 1.5% late fee per month on any overdue balances.
    • Recurring Billing: Due within 30 days from invoice issuance.
    • Phase Billing: Due within 5 business days of deliverables. 
  • All charges for Malaysian clients are billed in MYR (Malaysian Ringgit) where clients from outside Malaysia are billed in USD (United States Dollars).
  • Payment is due before the start of the next billing cycle.
  • Late payments may result in suspension or termination of services.

5. Referral Terms

5.1. The referrer may not apply a markup exceeding 20% of the Developer’s gross payment. Should the markup surpass 20%, the referrer will be required to participate in project activities, including roles such as Business Analyst or Consultant.

5.2. For Developer quotations exceeding RM25,000, the 20% markup limit will no longer apply. In these cases, the referrer must assume responsibilities as a Business Analyst, Consultant, and Project Manager.

5.3. Full terms of the referrer agreement applies to all referrals which can be found here.


6. Project Timeline and Client Responsibilities
  • Project Timeline: For project-based services, the timeline provided is an estimate and may vary based on complexity or unforeseen changes in scope. However, the general breakdown of time is as follows:
    • Discovery: 5 days (estimated)
    • Development: 3 weeks (estimated)
    • Testing: 1 week
    • Go-Live: 1 week
  • Client Responsibilities: The client must provide all necessary feedback, documentation, and approvals in a timely manner. Failure to do so may delay the project and incur additional charges.
 
7. Termination

7.1. Subscription-Based Service:  Either party may terminate the agreement with written notice after completing the 36-month contract. Termination will be effective after 30 days, completing the billing cycle.

​7.1.1 Early Termination Fee Calculation:

    • In the event of early termination of the contracted services, the customer shall be liable to pay an early termination fee.
    • The early termination fee will be calculated as follows: [Monthly Commitment] x [Remaining Months].​

​7.1.2. Monthly Commitment:

    • The "Monthly Commitment" refers to the agreed-upon monthly fee for the provision of services, as specified in the signed contract or agreement.

​​7.1.3. Remaining Months:

    • The "Remaining Months" denotes the number of months left in the initial contracted term at the time of termination. This will be determined by deducting the elapsed months from the total contracted term.

​7.1.4. Request for Early Termination:

    • To initiate the early termination process, the customer must submit a written request to GetOn This request should include the reason for termination and any supporting documentation if required.

​7.1.5. Approval of Early Termination:

    • We reserves the right to approve or deny any early termination request at its sole discretion.

​7.1.6. Payment of Early Termination Fee:

    • Upon approval of the early termination request, you shall be invoiced for the calculated early termination fee.
    • The customer agrees to remit the early termination fee within [30 days] of receiving the invoice.

​7.1.7. Effect of Early Termination:

    • Upon payment of the early termination fee, We will cease providing services and any further obligations under the contract will be terminated.

​7.1.8. Refund of Prepaid Amounts:

    • If the customer has made any prepaid amounts for services beyond the termination date, We will refund the prorated portion.

​7.1.9. No Waiver of Other Rights:

    • The enforcement of this early termination clause does not waive any other rights or remedies available to GetOn under the contract.

7.2. Project-Based Service: Either party may terminate the agreement with written notice. The client will be billed for services rendered up to the point of termination. Prepaid amounts beyond the termination date will be refunded prorated.

8. Customisation and Change Requests
  • Any additional features or changes requested by the client that are beyond the initially agreed scope will be billed separately. Customisations will start at RM800 and the timeline will be adjusted based on the nature of the request.

9. Support and Warranty
  • Subscription-Based Service: Ongoing support and maintenance are governed by the Service Level Agreement (SLA) provided.
  • Project-Based Service: A 6-month warranty covers system bugs and issues starting from the Go-Live phase. Additionally, 3 months of call support (2 hours per week) is included from the Go-Live phase, though unused hours do not roll over.

10. Intellectual Property
  • The App and all related content remain the intellectual property of GetOn and/or Startups Venture. Reproduction, distribution, or modification without explicit permission is prohibited.

11. Data Protection and Privacy
  • GetOn adheres to strict data protection protocols. Refer to our Privacy Policy for further details.
     
12. Limitation of Liability
  • GetOn is not liable for any direct, indirect, or consequential damages resulting from the use of the App or project services.

13. Governing Law
  • This agreement is governed by the laws of the client's residing country and the laws of Malaysia.

14. Entire Agreement
  • This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements.

15. Amendments
  • GetOn reserves the right to amend these terms at any time. Notice will be provided to the Client regarding changes.

16. Licensing

Last updated: 30 September 2023