STANDARD TERMS OF ENGAGEMENT FOR SERVICES

Our Services. MySMARTOH is an Online Occupational Health platform developed by OH Digital Solution Sdn. Bhd. (Company No: 202001003877 (1360197-P). It is designed to assist organisation, occupational health professionals, service providers and others to manage their occupational health programmes more efficiently and seamlessly. We offer no consultancy services in relation to your ordinary cause of engagement with us but should you require at additional charge, we may subject to availability provide one consultant which will generally be assigned primary responsibility for seeing that your requests for consultancy services are met. We will share confidential information with our team regarding your matters for the purposes of better serving you only. For more information, please read our Privacy Statement.

Scope and Conflicts. We will always honor our duty of confidentiality to you and protect your information. This letter confirms our mutual agreement that, so long as we act in accordance with the scope of the purported works, we may without your consent act for other persons or entities whose interests are adverse to you or your affiliates in matters not substantially related to our engagement by you.

We agree, however, that we will not act adversely to you in any instance where, as the result of our representation of you, we have obtained sensitive, proprietary or other confidential information of a nonpublic nature that, if known to any such other customers of ours, could be used in a matter in which we are retained by our other customers to your or your affiliates’ material disadvantage, unless you consent to it otherwise.

You also understand that we may obtain confidential information from other customers that might be of interest to you, but which we cannot share with you.

Fair Play Promise. For purposes of our engagement, regular engagement is as stipulated in our Website. Our customer is only the entity designated therein and not its affiliates (the stockholders, parent, subsidiaries, directors, officers, or related companies of any entity, or the individual members of a trade association, or the partners of a partnership or joint venture). Accordingly, we promise to ensure consistent value to our paying customers and will avoid any situation of conflict of interest. Please email us if you wish to engage us directly for consultation or advise.

Termination of Services. We are subject to the rules of professional responsibility as stipulated in our Terms of Use. We may terminate our representation for any reason consistent with the applicable rules of professional responsibility and shall terminate our engagement immediately for corruption, conflict of interest and other fraudulent activity deemed by us to be contrary to the vision and objective of our organization.

You may terminate our representation at any time by notifying us. Termination of our services will not affect your responsibility for payment for our accrued services rendered and additional charges incurred before termination.

Integrity Pact. Any Vendor, Customer or third-parties dealing with the MySmartOH including ourselves warrants that it has not and shall not directly or indirectly offer, promise or give any gratification of any kind as an inducement or reward to MySMARTOH or to any of our employees, or persons acting on behalf of MySMARTOH in order to obtain any form of advantage or solicitation.If there are any individuals, including the our employees who solicit, receive or agree to receive any gratification of any kind or for other persons on the account of those individuals doing or forbearing to do anything in respect of any matter related that is considered an offence under the Malaysian Anti Corruption Commission 2008 including at the procurement process, any person shall raise this matter to us or via email to admin@mysmartoh.com

Your Documents. When termination occurs, papers and property that you have provided to us either digitally or physically will, at your request, be returned to you promptly or deleted at your request no later than 90 days from the date thereof. Copies of papers or digital draft we have created for you, which you may need but no longer have, will be made available to you. Our drafts and work product will belong to us. We reserve the right, subject to any applicable laws or rules of professional responsibility to the contrary, to destroy within a reasonable time any items described in this paragraph that are retained by us.

E-mail. Documents sent to you by e-mail (whether or not containing confidential information) will not be encrypted unless you request us, in writing, to encrypt outgoing e-mail and we are able to agree with you and implement mutually acceptable encryption standards and protocols. We make reasonable attempts to exclude from our e-mails and any attachments any virus or other defect that might affect any computer or IT system. However, it is your responsibility to put in place measures to protect your computer or IT system against any such virus or defect, and we do not accept any liability for any loss or damage that may arise from the receipt or use of electronic communications from us.

PROFESSIONAL FEES AND CHARGES

Professional charges. Charge rates for our professional services are as stipulated in our website or may vary according customised and can also vary in accordance with the nature of the work performed. Government service tax of 6% will also be chargeable if any in respect of the above professional charges, and will be billed as a disbursement.

Service charges. We will also charge you for photocopying and binding, out-going facsimiles, long distance telephone charges, secretarial overtime (if necessitated by customers’s requirements) and registration fees at our standard rates.

Disbursements. We will either charge you, or pass on to you for payment, all other out-of-pocket expenses which we may need to incur and which have not already been detailed. This could include such things as agents’ fees, counsel’s fees, the fees and disbursements for courier and filing fees, searches, stamp duties, levies and other taxes.

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