Referral Program Terms and Conditions
Effective Date: 15 September 2023
These Terms and Conditions ("Agreement") govern the participation in the Referral Program ("Program") offered by Startups Venture ("The Developer") and are subject to acceptance by the participating Ministry/Business/Referrer ("Participant").
1. Eligibility
The Program is open to all Ministries/Business/Referrer ("Participants") interested in participating.
2. Commission Structure
For every referred customer who subscribes and maintains an active monthly/yearly subscription with Startups Venture, the referring Ministry will receive a commission equal to one-tenth (10%) of the subscription fee.
3. Commission Details
The commission applies to all active subscriptions referred by the Ministry and is not limited to specific products or services offered by Startups Venture.
4. Payout Schedule
Commissions will be paid on a monthly/yearly basis based on the type of subscription, within 7 days after the end of each month/year.
5. Customer Maintenance
The referring Ministry will continue to receive the commission as long as the referred customer maintains an active subscription with Startups Venture.
6. Termination of Subscription
In the event that a referred customer cancels their subscription, the referring Ministry will no longer receive commissions for that specific subscription.
7. Payment Method
Commissions will be paid via electronic transfer or check to the Ministry designated account.
8. Promotion and Marketing
Both parties agree to promote the referral program through their respective marketing channels, including but not limited to, websites, newsletters, and social media platforms.
9. Compliance
Both parties agree to comply with all applicable laws, regulations, and tax requirements related to this referral program.
10. Program Duration
This referral program will continue indefinitely unless terminated by mutual agreement or for any other valid reason.
11. Amendments
This referral program may be amended only in writing and signed by both parties.
12. Governing Law
This referral program shall be governed by and construed in accordance with the laws of Malaysia and the country where the partner resides.
13. Entire Agreement
This referral program contains the entire agreement between the parties and supersedes all prior understandings, agreements, representations, and warranties.
14. Contact Information
For any questions or concerns related to the Referral Program, please contact us.
Business Referral Terms
These Terms and Conditions ("Agreement") govern the participation in the Referral Program ("Program") offered by Startups Venture ("the Developer") and are subject to acceptance by the participating Business/Participant ("Referrer").
1. Referral Terms
1.1 The Referrer may apply a markup on the Developer’s gross payment; however, this markup shall not exceed 20%. If the markup surpasses 20%, the Referrer agrees to actively participate in the project activities, taking on roles such as Business Analyst or Consultant.
1.2 For any Developer quotations exceeding RM25,000, the 20% markup limit will not apply. In such cases, the Referrer is required to assume responsibilities as a Business Analyst, Consultant, and Project Manager.
2. Referral Payment Terms
2.1 Referral fees will be calculated based on the Developer’s gross payment, as specified in this Agreement. Payment is contingent upon the successful completion of the project, defined as Sign-off Process.
2.2 Payments to the Referrer will be made within 5 working days after Startups Venture or the Referrer (in cases where the client makes payment to the Referrer) receives full payment from the client for the referred project.
2.3 If the client makes payment directly to the Referrer, the Referrer is obligated to forward the Developer's payment within 5 working days of receiving the payment for the Developer’s gross payment from the client. In such case, no referral fee will be issued.
2.4 In the event of project cancellation, the Referrer shall not be entitled to any referral fee unless there is a pro-rata fee arrangement for work completed or milestones achieved up to the date of cancellation, provided that all other conditions of this Agreement have been met.
2.5 Referral payments are conditional upon the successful completion of the project and full receipt of payment from the client. If a project is cancelled or remains unpaid, no referral fee will be issued.
3. Agreement Validity
A signed Referral Agreement must be in place before the referred project commences. Referrals made without a fully executed Agreement will not qualify for any referral commission.
4. Project Exclusivity
The Referrer is entitled to commission only on projects initiated directly through their referral. Should the referred client have had prior contact with Startups Venture regarding the same project, no commission shall be payable to the Referrer.
5. Confidentiality
5.1 The Referrer agrees to keep all proprietary and confidential information provided by Startups Venture strictly confidential. This includes, but is not limited to, client details, pricing, and project specifications.
5.2 Breach of confidentiality may result in termination of this Agreement and legal action.
5.3 Confidentiality obligations will continue for 7 years after the termination of this Agreement
6. Payment Responsibilities
6.1 If the client makes payment directly to the Referrer, the Referrer is obligated to forward the Developer's payment within 5 working days of receiving full payment from the client.
6.2 The Referrer agrees to provide the Developer with a written confirmation of the payment received from the client, along with the payment date, within 5 working days of receipt.
6.3 Failure to forward the Developer's payment within the stipulated timeframe will result in a late fee of 1.5% per week until the payment is made.
6.4 The Referrer agrees to indemnify and hold Startups Venture harmless from any claims or liabilities arising from delays or failures in disbursing payments.
7. Non-Compete Clause
The Referrer agrees not to solicit clients introduced through this referral agreement for their own services or engage in activities competitive to Startups Venture without prior written consent from Startups Venture.
8. Termination
This Agreement may be terminated by either party with 30 days written notice. Grounds for immediate termination include breach of contract or fraud. However, any referrals made prior to termination will remain subject to the terms of this Agreement.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Any legal disputes will be resolved in Contract Act 1950 and Personal Data Protection Act 2010 (PDPA).
10. Force Majeure
Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, or other unforeseen events.
11. Amendments
Any amendments to this Agreement must be made in writing and signed by both parties.