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Terms & Conditions

No portion of this writing may be reproduced in any form, or by any means, without prior written permission from Boost

Termination

17.1 Without prejudice to any other rights of the Parties under this Agreement or at law, this Agreement may be terminated:

  1. (a) immediately by either Party without any liability whatsoever to Ecode where:
    1. (i) the provision of the Boost Services or any part thereof shall become unlawful under any laws in Malaysia; or
    2. (ii) Ecode’s license and/or approval under the relevant legislation which is necessary to provide the Boost Service is suspended, revoked or terminated and another license of that type is not immediately granted or issued to Ecode; or
  2. (b) by a Party by giving written notice where:
    1. (i) the other Party is in material breach of any warranty, terms and conditions of this Agreement and such breach is incapable of being remedied or where capable of remedy, is not remedied within thirty (30) days of receipt of notice in writing by the non defaulting Party specifying the nature of the breach;
    2. (ii) an order is made or an effective resolution is passed for the reconstruction, amalgamation of the other Party under Sections 366 – 368 the Companies Act 2016 or any other similar action or proceeding under any other law and the order or resolution is not withdrawn, revoked or annulled within a period of ninety (90) days from the date of the order or resolution;
    3. (iii) an order is made or an effective resolution is passed for winding up or dissolution of the other Party and the order or resolution is not withdrawn, revoked or annulled within a period of ninety (90) days from the date of the order or resolution;
    4. (iv) a receiver, receiver and manager, official manager, provisional liquidator, liquidator, or like official is appointed over the whole or a substantial part of the undertaking and property of the other Party and such appointment is not withdrawn, revoked or annulled within a period of ninety (90) days from the date of such appointment;
    5. (v) a holder of an encumbrance takes possession of the whole or any substantial part of the undertaking and property of the other Party and such action is not withdrawn, invalidated or reversed within a period of ninety (90) days from the date of such appointment; or
    6. (vi) the other Party ceases its business; or
  3. (c) by Ecode by giving written notice where:
    1. (i) the Merchant is unable to justify the occurrence of a downtime and not being able to resolve the problem within reasonable timeline stipulated by Ecode;
    2. (ii) there is a change in the management, constitution, nature or control of the Merchant’s business from that existing on the date of this Agreement; or
    3. (iii) the Merchant is in breach of any acts, statutes, laws, by-laws, rules and/or regulations imposed by any party, regulatory body, or government agency.

17.2 Notwithstanding anything to the contrary, Ecode may terminate this Agreement, without any liability whatsoever to the Merchant, and without assigning any reason whatsoever, by giving thirty (30) days written notice to the Merchant.