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SME Business Digitalization Initiative Agreement
We are pleased to forward this SME Business Digitalization Initiative Agreement (the “Agreement”) for your acknowledgment. Kindly acknowledge this Agreement by replying to MySoft Corporation in the email or WhatsApp to get the MySoft Online Grant Portal’s website link.
- MySoft Corporation Sdn Bhd (“MySoft” or “MySoft Corporation”)
- MySoft’s Dealer (The “Dealer”)
- MySoft and the Dealer may be referred to in this Agreement individually as a “Party” and collectively as the “Parties”.
The Parties are as below:
1. MySoft has provided the MySoft’s Online Grant Portal to consolidate all the applicant’s Application Form and Supporting Document. Besides, MySoft assists to submit the documents to BSN or SME bank on behalf of the Dealer and/or applicants.
2. Dealer desires to appoint MySoft as the Agent to assist submitting the uploaded applicant’s Application Form and Supporting Document to BSN or SME Bank to apply the SME Business Digitalisation Initiative on behalf.
3. SME Business Digitalization Initiative
4. Apply Process For SME Business Digitalization Initiative
5. MySoft’s Online Grant Portal
7. Force majeure
8. Obligations On Termination
1.1. Except to the extent expressly provided otherwise, in this Agreement:
“Agreement” means this agreement including the Appendixes and each Order, and any amendments to this Agreement from time to time.
“Applicant” means every single organization or entity that desires to apply the SME Business Digitalisation Initiative to upgrade or purchase any MySoft’s range of products.
“Applicant Confidential Information” means any information disclosed by the Applicants to MySoft or Dealer during the Term (whether disclosed in writing, orally or otherwise) that at the time of disclosure was described as “confidential” or should have been understood by MySoft or Dealer (acting reasonably) to be confidential.
“SME Business Digitalisation Initiative” means the Malaysian Government through Malaysian Ministry of Finance (MOF) working together with Bank Simpanan Nasional (The “BSN”), SME Bank (The “SME Bank”) and Malaysia Digital Economy Corporation (MDEC) in managing the grant to eligible Small & Medium Enterprises (SMEs) to adopt digitalization in daily operations. The Government will provide a 50% matching grant of up to RM5,000 per company upon successfully approved by BSN or SME Bank.
“Confidential Information” means:
(a) Any personally identifiable data or information regarding any applicants;
(b) Any information disclosed by the applicant, in whatever format, that is either identified as or would reasonably be understood to be confidential and/or proprietary;
(c) The terms and conditions of this Agreement.
2. SME Business Digitalization Initiative
2.1. The government through the Ministry of Finance (MOF) is working together with Bank Simpanan Nasional, SME Bank and Malaysia Digital Economy Corporation (MDEC) in managing the grant to eligible Small & Medium Enterprises (SMEs) to adopt digitalization in daily operations.
2.2. Applicant’s company should be classified as Small & Medium Enterprises (SME):
2.2.1. For Manufacturing Sectors
184.108.40.206. Sales turnover not exceeding RM50 million OR full-time employees not exceeding 200 workers.
2.2.2. Services and Other Sectors
220.127.116.11 Sales turnover not exceeding RM20 million OR full-time employees not exceeding 75 workers.
2.2.3 For details definition of SME, please visit the following website of http://www.smecorp.gov.my
2.3 Dealer should inform End-Users of the eligibility criteria to apply the SME Business Digitalization Initiative. End-User’s company shall meet the following criteria:
2.3.1 At least 60% owned by Malaysian; and
2.3.2 Registered under the relevant laws of Malaysia; and
2.3.3 The SME has been in operation for at least one (1) year; and
2.3.4 Company operation in one (1) year, the company required to have a minimum annual sales turnover of RM100,000.00; or
2.3.5 Company operation more than two (2) years, the company required to have a minimum annual sales turnover of RM50,000.00 for preceding two (2) consecutive years.
2.4 Dealer should inform the eligible End-Users to prepare and send in their application forms and supporting documents (Appendix 2) in softcopy to you:
2.4.1 Completed SME Business Digitalisation Initiative Application Form (Appendix 1).
2.4.2 Copy of Identity Card or Passport of Director(s)/Partner(s)/Proprietor(s1), whichever is applicable; and
2.4.3 Copy of business registration licenses (SSM, Form A/B, Form 24 & 49 and M&A or any similar forms under Companies Act 2016; and
2.4.4 Audited financial statement for the last financial year and the latest management account (if any) or evidence of sales turnover (if any); and
2.4.5 Company’s bank statement for the last two (2) months; and
2.4.6 Company’s profile (if any); and
2.4.7 Invoice/billing and service agreement from MySoft.
3. Apply Process For SME Business Digitalization Initiative
- Step 1: Dealer approaches the potential eligible applicants who wish to apply the SME Business Digitalization Initiative.
- Step 2: Dealer collects and ensures the completeness of all the received documents (Application Forms and Supporting Documents).
- Step 3：Submit the applicant’s application by uploading it onto MySoft’s Online Grant Portal (Clause 4), postage or deliver to MySoft Corporation’s office at Cyberjaya.
- Step 4: MySoft delivers and submits the collected documents together with Sales Invoice to any BSN or SME Bank.
- Step 5: The bank will inform the application status to Customer and/or MySoft.
- Step 6: MySoft will engage with Dealer for the further software implementation process.
4. MySoft’s Online Grant Portal
4.1. MySoft’s Online Grant Portal is a platform for MySoft to collect the Dealer collected applicant’s Application Form and Supporting Documents and agreed to appoint MySoft as the agent to apply the SME Business Digitalization Initiative on behalf each of the applicant.
4.2. Dealer is required to agree to this agreement to request the portal link to access the Online Grant Portal’s features, such as filling out the applicant’s basic company details and upload their Application Form and Supporting Documents into respective designated fields.
4.2.1. Dealer shall get the applicant’s consent before uploading the applicant’s Application Form and Supporting Documents onto the MySoft’s Online Portal.
4.3. The MySoft’s Online Grant Portal provides the security control of each dealer is allowed to view all own submitted applicants only. Dealer will not be able to view other Dealer’s applicants nor their Application Form and Supporting Documents. Except MySoft has the Superadmin accounts which can view all the applicant’s details, Applications Form and Supporting Documents.
4.4. The applicant does not wish to upload their Application Form and Supporting Document, Dealer may advise them to either email it to MySoft Corporation Director at firstname.lastname@example.org or self submit to any nearest BSN or SME Bank.
5.1. Applicant Confidential Information
5.1.1. All the uploaded Application Form and Supporting Documents will be kept securely. The Application Form and Supporting Documents will be saved, printed and submit to any employee or person-in-charge of the BSN Bank and/or SME Bank to apply the SME Business Digitalization Initiative.
18.104.22.168. MySoft undertakes that it will not disclose the uploaded Application Form and Supporting Documents to any third-parties without the applicant’s prior written consent.
22.214.171.124. Dealer undertakes that it will not disclose the uploaded Application Form and Supporting Documents to any third-parties without the applicant’s prior written consent.
6. Force majeure
6.1. If the performance by one Party of this Agreement is directly affected or if one Party cannot perform this Agreement in accordance with the agreed conditions due to any unforeseeable force majeure event or a force majeure event whose consequences cannot be prevented or avoided, including any Act of God, earthquakes, typhoons, floods, fires, wars, changes to policies or laws, etc, the affected Party shall immediately give notice by fax to the other Party and shall within seven (7) days provide the other Party with supporting documents issued by the relevant government authorities describing the details of the force majeure event and the reason why this Agreement cannot be performed or why the performance needs to be postponed. If the force majeure event lasts more than fifteen (15) days, the Parties hereto shall negotiate amicably and as soon as possible determine whether or not part of this Agreement shall be released from the performance or whether or not the performance of this Agreement shall be postponed, depending on the degree of impact of this force majeure event on the performance of this Agreement. Each Party shall not be held liable for any economic losses of the other Party caused by such Party's failure to perform this Agreement completely due to a force majeure event.
7. Obligations On Termination
7.1. On termination of this Agreement:
7.1.1. Applicants’ Application Form and Supporting Documents;
126.96.36.199 Any uploaded documents, but yet to deliver to any BSN or SME Bank, the received softcopy will be deleted.
188.8.131.52. Any uploaded and delivered documents to any BSN or SME Bank, MySoft will no longer be following up on the application’s status.
7.1.2. Neither party shall be liable to the other because of such termination for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales, or account of expenditures, investments, lease or commitments in connection with the business or goodwill of MySoft or Dealer or for any other reason whatsoever growing out of such termination;
7.1.3. In sum, both parties acknowledge that termination of this Agreement at some point is highly probable and should be treated in the ordinary course of business with both parties exerting their best efforts to end the relationship amicably.
Appendix 1 - SME Business Digitalisation Initiative Application Form
Please complete the following SME Business Digitalisation Initiative Application Form. End-User may download this application form through BSN or SME Bank’s Official Website.
- Kindly inform the applicant DO NOT fill up Section 3. Vendor’s Details. This section will be filled out by MySoft Corporation.
(Please see next page)
Appendix 2 –Supporting Documents Checklist
The applicant shall follow the type of business to prepare the Supporting Documents, then send the softcopy to Dealer.
| No. ||Required Documents||Tick|
|1||SME Digitalisation Initiative Application Form|| |
|2||Copy of Identity Card or Passport of Director (s) / Partner (s) / Proprietor(s), whichever is applicable.|| |
|3||Copy of business registration licenses|| |
| ||- SSM|| |
|-Form 24 & 49|
|-Memorandum & Articles of Association (M&A)|
|-Any similar forms under the Companies Act 2016|
|4||Audited financial statement for the last financial year and the latest management account. (if any) or evidence of sales turnover (if any).|| |
|5||Company's bank statement for the last two (2) months.|| |
|6||Company's profile (if any).|| |
|7||Invoice/billing and service agreement from the authorized vendor listed by MDEC.||Ask from MySoft/Dealer |