Terms & Conditions
- In these Terms, the following terms shall have the following meanings:
"Agreement" means the Quote, these Terms and any Contract for Services.
'Client' means the person, firm, company or other entity who has instructed Moving Apes Studio to carry
out the Services (as defined below) as set out in the Agreement
"Client Materials" means any goods, products and materials in whatever form (including all Intellectual
Property Rights in the same) provided or made available by the Client to Moving Apes Studio for use in
connection with the Agreement, and including any master tapes, film negative prints, sound tapes, video
tapes or visual images or sound held in any media.
'Confidential Information' means such information as Moving Apes Studio may from time to time provide
to the Client (in whatever form including orally, written, in electronic, tape, disk, physical or visual form)
relating to the Agreement and the Works, and all know-how, trade secrets, tactical, scientific, statistical,
financial, commercial or technical information of any kind disclosed by Moving Apes Studio to the Client
whether in existence prior to the parties entering into the Agreement or which subsequently comes into
existence, including any copies, reproductions, duplicates or notes in any form whatsoever.
'Contract for Services' means any subsequent contract for the provision of Services entered into between
Moving Apes Studio and the Client pursuant to these Terms.
'Intellectual Property Rights' means copyright (including rights in computer software), database rights,
design rights, moral rights, patents, trademarks, service marks, rights (registered or unregistered) in any
designs, applications for any of the foregoing, trade or business names, and topography rights, know-
how, secret formulae and processes, lists of suppliers and customers and other proprietary knowledge
and information, internet domain names, rights protecting goodwill and reputation, and all intellectual
property rights and forms of protection of a similar nature to any of the foregoing or having equivalent
effect anywhere in the world and all rights under licences and consents in respect of any of the rights and
forms of protection mentioned in this definition.
'Quote' means a quote presented by Moving Apes Studio in respect of Services to be provided to the
'Services' means the services to be provided by Moving Apes Studio for the Client pursuant to the
Agreement, and includes the Works (as defined below) arising out of the Services.
'Terms' means these terms and conditions of business.
'Moving Apes Studio' means Moving Apes Studio of A-07-11 USJ One Avenue USJ 1 Subang Jaya
'Moving Apes Studio Intellectual Property' means all rights, including Intellectual Property Rights, in and to
(i) Moving Apes Studio's proprietary underlying software, libraries, engines, subroutines and development
tools and utilities (in source code and object code form), including underlying models, rigging, animation
data and all pre-existing intellectual property rights therein, which in each case are of general use or
applicability in VFX and which were in existence prior to the parties entering into the Agreement or
developed independently of the Agreement; and (ii) any other materials, in whatever form (including
documents, information, data and software), which were in existence prior to the parties entering into the
Agreement or developed independently of the Agreement.
'Value Added Tax' means value added tax as provided for in the Value Added Tax Act 1994 and
legislation (or purported legislation and whether delegated or otherwise) supplemental thereto, and in any
tax similar or equivalent to value added tax imposed by any country other than the Malaysia and
any similar or turnover tax replacing or introduced in addition to any of the same.
'Works' means the products and materials created, developed and produced by Moving Apes Studio for
the Client pursuant to the Agreement.
- Headings used in these Terms are purely for ease of reference and do not form any part of or
affect the interpretation of these Terms.
- The words "include" and "including" shall not be construed restrictively.
- Any reference to a statute or statutory provision is a reference to it as amended, extended or re-
enacted from time to time.
2. FORMATION OF CONTRACT
- The Services will be carried out in accordance with these Terms, any Quote, and any subsequent
Contract for Services to the exclusion of any other terms and conditions the Client seeks to impose
whether orally or in writing, unless agreed otherwise in writing by the parties.
- All representations, conditions or warranties, or other terms concerning the Services which might
otherwise be implied or incorporated in the Agreement, whether by statute, common law or otherwise are,
to the maximum extent permitted by law, excluded from the Agreement or any variation thereof, unless
expressly accepted by Moving Apes Studio in writing.
- No employee, freelancer or agent of Moving Apes Studio has the power to vary these Terms
orally or in writing, or to make any statement or representation about the Services offered, their fitness for
any purpose or any other matter.
- Upon requesting Services from Moving Apes Studio, the Client shall be deemed to have accepted
these Terms and these Terms shall become binding as between the Client and Moving Apes Studio,
notwithstanding the absence of any formal acknowledgement.
- The Client and Moving Apes Studio may enter into a Contract for Services which will constitute a
separate binding contract between the parties which shall incorporate (with any necessary changes)
these Terms. In the case of any conflict or inconsistency between these Terms and any subsequent
Contract for Services, these Terms shall take precedence.
3. PRICES AND TERMS OF PAYMENT
- Moving Apes Studio will invoice the Client for the prices quoted in respect of Services to be
provided at the times set out in the relevant Quote or Contract for Services.
- Moving Apes Studio shall be entitled to make an adjustment to any quoted prices in the event
that additional costs are incurred, or likely to be incurred, by reason of:
- the Client Materials (or any part thereof) being, in the reasonable opinion of Moving Apes
Studio, in any way defective, in an unsuitable format (or a different format to that which Moving Apes
Studio is expecting to receive the same) or of unsuitable quality for normal processing;
- any information supplied by the Client or any third party in connection with the Agreement and
the Services being inaccurate or incomplete, or failing to give Moving Apes Studio a full and accurate
indication of the work involved and/or time and resources required; or
- changes by the Client or any third party in its requirements for the Services or Works; or
- exceptional circumstances outside the control of Moving Apes Studio, including currency
fluctuations and changes in third party costs.
- Subject to clause 3.4 and unless otherwise agreed by Moving Apes Studio in writing, all invoices
rendered by Moving Apes Studio are payable within 28 days of the date of invoice and any interim
invoices are payable within 7 days of the date of invoice.
- Moving Apes Studio expressly reserves the right, at its sole option, to require payment by
instalments during the performance of the Agreement and/or to require payment of all amounts due to
Moving Apes Studio in respect of Works to be provided prior to delivery of such Works.
- The Client shall pay all amounts owing to Moving Apes Studio in full and shall not exercise any
rights of set off or counterclaim against invoices submitted.
- Payment of all amounts shall only be made in the currency in which they are invoiced and shall
not be subject to any deductions or charges whatsoever.
- In the event of default in payment by the Client under the Agreement, Moving Apes Studio shall
be entitled, without prejudice to any of its other rights or remedies, to suspend any further performance of
the Services without notice and to charge interest on any amount outstanding at the rate of 4% above the
base rate of Royal Bank of Scotland from time to time (accruing from day to day both before and after
judgment), from the due date of payment to the actual date of payment.
- All sums payable under this Agreement are exclusive of Value Added Tax and any other duty or
tax, which shall (if and to the extent applicable) be payable by the Client at the rate and in the manner
from time to time prescribed by law.
- The Client shall pay any withholding tax or other similar taxes applicable for the Services or
otherwise required by law to be deducted from any payment by the Client to Moving Apes Studio pursuant
to the Agreement. Should the Client be required to pay any such withholding or make such deduction on
account of tax, the Client shall pay such additional amount as will ensure that Moving Apes Studio
receives, free and clear of any tax or other deduction or withholding, the full amount which it would have
received had no such withholding or deduction been required. The Client shall indemnify Moving Apes
Studio against all costs, claims, expenses (including reasonable legal expenses) and/or proceedings
arising out of or in connection with such payments. The Client and Moving Apes Studio shall cooperate in
good faith to respond to any query from the applicable tax authorities in connection with withholding tax or
other similar taxes and shall each make available to the other any information or documents and all
relevant approvals or authorisations which the applicable tax authorities may reasonably require.
4. PERFORMANCE AND DELIVERY
- Unless otherwise agreed in writing between the parties, all times specified in a Quote or Contract
for Services for performance of the Services and delivery of the Works are given in good faith but are not
guaranteed by Moving Apes Studio.
- Notwithstanding that Moving Apes Studio and the Client may have agreed that time is of the
essence in respect of specified Services or Works, the time for performance of the Services or delivery of
the Works shall in every case be dependent upon prompt receipt of all necessary information, materials
(including Client Materials), final instructions and/or approvals from the Client. The Client acknowledges
and agrees that any changes to its requirements and/or the occurrence of any of the circumstances in
clause 3.2 may result in delay in performance or delivery, for which Moving Apes Studio shall not be
- Where the Works are to be delivered electronically, the Client acknowledges and agrees that:
- electronic delivery is not a completely secure medium of communication and that an
unauthorised third party may intercept, tamper with or delete the Works to be delivered electronically; and
- electronic delivery may involve reliance upon third party providers and data carriers, over which
Moving Apes Studio has no control.
Moving Apes Studio shall not be responsible for and shall have no liability to the Client or any
third party for:
- any delay in delivery or any non-receipt of any Works delivered electronically;
- any loss or damage (including loss of data) that results from any person gaining unauthorised
access to any Works delivered electronically;
- use or disclosure of any data obtained by any third party as a result of that third party gaining
unauthorised access to any Works delivered electronically; and
- any loss or damage resulting from any malfunction of or the introduction of any viruses, worms,
logic bombs, time locks, time bombs, trojan horses and/or bugs to any equipment and/or software used to
effect and/or receive any Works delivered electronically.
5. INTELLECTUAL PROPERTY
- The Client acknowledges that Moving Apes Studio (or its third party licensors) owns, and shall
retain ownership of, Moving Apes Studio Intellectual Property, and Moving Apes Studio shall not at any
time be required to deliver to the Client any of Moving Apes Studio Intellectual Property whatsoever.
- The Client acknowledges and agrees that if in the course of performing the Services (including
any processing or production of materials on behalf of the Client) Moving Apes Studio discovers or
devises any techniques or know-how, all rights of every kind in and to such techniques and know-how
shall belong to and vest in Moving Apes Studio and shall be deemed to be Moving Apes Studio
Intellectual Property for the purposes of the Agreement.
- Moving Apes Studio shall retain ownership and possession of, and all rights (including all
Intellectual Property Rights) in and to, any original character design, ideas or concepts presented or
created by Moving Apes Studio in relation to the Agreement, unless otherwise agreed in writing by the
parties. Where the Client requires a licence to use any such original character design, ideas or concepts,
for whatever purpose, the terms of such licence shall be agreed by the parties in writing pursuant to a
Quote and/or any subsequent Contract for Services.
- Subject to clauses 5.1 to 5.3 above and any other terms agreed pursuant to a Quote or Contract
for Services, all title and Intellectual Property Rights in and to the Works (excluding Moving Apes Studio
Intellectual Property), shall pass to the Client only upon the Client paying to Moving Apes Studio all sums
due and payable under the Agreement. To the extent required, the parties may agree on terms for the
licence of Moving Apes Studio's Intellectual Property (or any part of it) incorporated into the Works, to
enable the Client to receive the benefit of the Works.
- The Client hereby grants to Moving Apes Studio a perpetual, non-exclusive, transferable, sub-
licensable, royalty-free licence to use the Client Materials to the extent necessary for Moving Apes Studio
and/or its suppliers to provide the Services and the Works.
- The Client acknowledges and agrees that Intellectual Property Rights in and to underlying
materials processed by Moving Apes Studio in the performance of the Services and/or embodied in the
Works may be owned by third parties and that the use by the Client of the Works shall be subject always
to the Client obtaining any and all necessary licences and consents from the relevant underlying rights'
- Where Confidential Information has been disclosed to the Client, the Client acknowledges that
such Confidential Information has been disclosed in confidence, may have considerable value and is of
significant importance to Moving Apes Studio.
- The Client further acknowledges that Moving Apes Studio makes no representation with respect
to the accuracy or completeness of any Confidential Information, except to the extent agreed by Moving
Apes Studio in writing.
- The Client agrees to keep the Confidential Information, including Moving Apes Studio Specific IP
and Moving Apes Studio Background IP provided to the Client pursuant to clause 5, in complete
confidence and not to disclose it to any third party. Save as expressly permitted under the Agreement, the
Client shall not use, copy in whole or in part, modify or adapt the Confidential Information in any way
without Moving Apes Studio's prior written consent, which may be given or withheld in its absolute
- The Client may use the Confidential Information only for the purposes contemplated by the
Agreement and for no other purpose. The Client may disclose the Confidential Information to such of its
officers, employees and agents to whom disclosure is necessary for the performance of its obligations
under the Agreement provided the Client shall ensure such officers, employees and agents observe the
obligations of confidentiality imposed by this clause 6 and the Client shall be liable for any failure by them
to do so.
- The Client shall not be in breach of this clause 6 if it discloses Confidential Information where
such disclosure is required by law, regulation or order of a competent authority provided that Moving Apes
Studio is given, where possible, reasonable advance notice of the intended disclosure and a reasonable
opportunity to challenge the same.
- The Client acknowledges that any breach of its confidentiality obligations under this clause 6 would
cause Moving Apes Studio irreparable and unquatifiable damage and that Moving Apes Studio shall be
entitled to apply for and obtain (without prejudice to any other rights or remedies available to Moving Apes
Studio in contract or at law) interlocutory and/or final injunctive or other equitable relief against or in
respect of any actual or threatened breach of this clause 6 by the Client.
- On receipt of a written demand, the Client shall return to Moving Apes Studio, or destroy at
Moving Apes Studio's option, any and all written documents or materials containing Confidential
Information, together with all copies thereof, and if Moving Apes Studio should so require the Client shall,
when returning documents or materials, provide to Moving Apes Studio a statutory declaration duly
executed by an officer of the Client confirming that, to the best of the declarant's knowledge, information
and belief, the Client has complied with all of its obligations under this clause 6.
- The Client's obligation to keep the Confidential Information confidential and secure shall survive
termination of the Agreement.
7. CANCELLATION AND VARIATION
Except where otherwise stated in a Quote or Contract for Services, this Agreement will expire on
completion of the Services to be provided pursuant to it.
- The Agreement (and any Services to be provided under it) may only be cancelled with the written
consent of Moving Apes Studio and in accordance with these Terms (and if applicable, the terms of any
subsequent Contract for Services). The giving of consent shall not in any way prejudice Moving Apes
Studio's right to recover from the Client full compensation for any loss or expense arising from such
cancellation of the Agreement.
- Notwithstanding clause 7.2 and without prejudice to any other rights or remedies available to
Moving Apes Studio, the Client may give Moving Apes Studio written notice of cancellation of the
Agreement (and any Services to be provided thereunder), provided that where such notice is received by
Moving Apes Studio:
- less than 24 hours prior to the date for performance or the commencement of performance of
the relevant Services (the "Target Date"), Moving Apes Studio shall be entitled to charge the Client the full
price specified in the Quote or the relevant Contract for Services or, if none is stated, the applicable
amount chargeable to the Client based on Moving Apes Studio's rate card current at the Target Date; and
- less than five working days but more than 24 hours prior to the applicable Target Date, Moving
Apes Studio shall be entitled to charge the Client one half of the full price specified in the Quote or the
relevant Contract for Services or, if none is stated, one half of the applicable amount that chargeable to
the Client based on Moving Apes Studio's rate card current at the Target Date,
in each case reflecting the fact that Moving Apes Studio is unlikely to be able to secure an order for the
Services and/or to reallocate the resources allocated to the Client's order within the specified timeframes.
- Moving Apes Studio may cancel this Agreement (and any Services to be provided under it) at any
time on written notice to the Client. Cancellation under this clause shall be without prejudice to any other
rights or remedies available to Moving Apes Studio (including the right of Moving Apes Studio to recover
payment from the Client for any Services provided).
- Any provisions of the Agreement which by their nature are intended to survive cancellation or
expiry (including clause 6 (Confidentiality) and clause 8 (Liability and Indemnity) shall remain in full force
and effect notwithstanding any cancellation or expiry of the Agreement.
8. LIABILITY AND INDEMNITY
Nothing in this Agreement shall exclude or in any way limit either party's liability for fraud, or for
death or personal injury caused by its negligence, or any other liability to the extent such liability cannot
be excluded or limited as a matter of law.
- Subject to clause 8.1 and without prejudice to any other provision of these Terms, the Client
- the Agreement states the full extent of Moving Apes Studio's obligations and liabilities in respect
of the Works and performance of the Services;
- under no circumstances shall Moving Apes Studio be liable for any indirect, special or
consequential loss or damage whatsoever, or for any loss of business profits, business interruption,
depletion of goodwill, loss of use or corruption of data or software, whether on a direct or indirect basis;
- Moving Apes Studio's entire liability for any direct loss suffered by the Client under or in
connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty
or otherwise, shall (subject to clause 4.4 above and clause 10.1 below) be limited to the actual charges
paid by the Client in accordance with the Agreement; and
- this clause 8.2 is reasonable and necessary in the circumstances and, having regard to that
fact, does not take effect harshly or unreasonably against the Client.
- The Client shall indemnify and hold harmless Moving Apes Studio from and against all claims or
proceedings and all loss and damage of any kind, costs, proceedings, damages and expenses (including
legal and other professional fees and expenses) awarded against, or incurred or paid by, Moving Apes
Studio as a result of or in connection with:
- any defamatory or libellous matter or any infringement or alleged infringement of a third party's
Intellectual Property Rights or other rights arising out of the supply or use of the Client Materials in
relation to the Works and/or in the course of carrying out the Services;
- any damage to property caused by Moving Apes Studio in the course of carrying out the
Services as a result of any act or omission of the Client (including its officers, employees, freelancers and
- any breach by the Client, including its officers, employees, freelancers and agents of any of
these Terms or the terms of any Contract for Services.
- Clause 8.3 above shall apply whether the Client, or its officers, employees, freelancers or agents,
have been negligent or otherwise.
- Any recommendations or suggestions by Moving Apes Studio relating to the use of the Works are
given in good faith but it is for the Client to satisfy itself of the suitability of the Works for its own particular
purpose. Accordingly, unless otherwise expressly agreed in writing, Moving Apes Studio gives no
warranty as to the fitness of the Works for any particular purpose, even though that purpose may be
specified in the Quote, and any implied warranty or condition (statutory or otherwise) to that effect is
- The Client shall maintain and keep effective at all times insurance policies with reputable
insurers as are sufficient to protect the Client against any loss or liability which it may incur or suffer
arising out of the Agreement, including insurance which covers the Client for any damage or loss for
which Moving Apes Studio is not liable pursuant to the these Terms, and which protects the Client against
any accidental loss, damage or destruction to any Client Materials or any other materials of any kind
supplied by the Client to Moving Apes Studio whilst in the possession or control of Moving Apes Studio.
Moving Apes Studio may at any time request the Client to provide copies or certificates of insurance or
other evidence to prove compliance with this clause.
10. STORAGE OF CLIENT MATERIALS
- Moving Apes Studio shall be under no liability whatsoever in respect of any loss or damage to or
destruction of the Client Materials (whether such Client Materials are in the possession of Moving Apes
Studio or otherwise) and it is the Client's responsibility to ensure that it has appropriate back-up copies of
all Client Materials.
- In accordance with clause 9 above, the Client shall insure all Client Materials to their full value
against all risks.
- The Client shall provide details to Moving Apes Studio for the return of the Client Materials
within two months from the date of confirmation of a Quote or Contract for Services, as applicable. If the
Client does not provide Moving Apes Studio with details for the return of the Client Materials, Moving
Apes Studio shall send the Client Materials to its archive upon completion of the Services and Moving
Apes Studio shall be entitled to charge the Client reasonable storage charges for doing so.
As of December 2015, those charges are:
Database log-in: 60p per asset (only for assets extraneous to CETA/4D)
Storage: 55p per asset per month
Log-out: 50p per asset (when assets are being permanently removed from storage)
- Where Client Materials are supplied or specific instructions are given by the Client, Moving
Apes Studio accepts no liability for any reduction in the quality of the Services caused by defects or errors
in or the unsuitability of such Client Materials or by Moving Apes Studio's use of the Client Materials or
adherence to any of the Client's specific instructions.
11. CUSTOMER INPUT AND ACCESS TO/USE OF MOVING APES STUDIO'S PREMISES AND
- The Client shall be solely responsible for ensuring that all information, advice and
recommendations given to Moving Apes Studio either directly or indirectly by the Client or by the Client's
employees, freelancers or agents are accurate, correct and suitable. Acceptance of or use by Moving
Apes Studio of such information, advice or recommendations shall in no way limit the Client's
responsibility hereunder, unless Moving Apes Studio specifically agrees in writing to accept responsibility.
- The Client hereby undertakes to Moving Apes Studio to ensure that all of its personnel
(including its employees, freelanders and agents) who at any time have access to any premises occupied
by Moving Apes Studio or at which any of Moving Apes Studio's equipment shall be kept, shall at all
- observe all rules, policies and regulations in force at the applicable premises, including all health
and safety regulations and any rules governing the use of equipment and/or facilities at the applicable
- keep confidential and not divulge or communicate or make any use of any Confidential
Information which the applicable person shall become aware of as a result of being present at the
- Moving Apes Studio may publicise, advertise and market the Works on its website(s), social
media site(s), blog(s), in pitches to third parties, in connection with any appropriate industry awards, or in
any other manner, as Moving Apes Studio may in its sole discretion decide, without the prior written
consent of the Client.
- The Client hereby grants to Moving Apes Studio a perpetual and royalty-free licence to use the
Works throughout the world for the purposes of clause 12.1 above and in order for Moving Apes Studio to
promote its business by whatever means it sees fit.
13. DATA PROTECTION
Moving Apes Studio is an authorised data controller for the purposes of the Data Protection Act
1998 (the "Act") under registration number Z54390974.
- The Client acknowledges that in the course of its dealings with Moving Apes Studio, Moving Apes
Studio may acquire personal data which relates to the Client and/or any of its employees, freelancers or
agents and the Client hereby consents to Moving Apes Studio, in accordance with its authorisation and
the Act, collecting, storing, processing and transferring to third parties such personal data. The Client
further consents to the sale or transfer by Moving Apes Studio of such personal data in connection with
an assignment or transfer of any of its assets and its disclosure in compliance with any rule of law or
order of competent authority.
- The Client's consents pursuant to this clause 13 are given by it for itself and on behalf of its
employees, freelancers and agents (if any) and the Customer hereby warrants to Moving Apes Studio that
it has the authority to give such consent on behalf of those persons.
The Client shall, and shall ensure its officers, employees, freelancers and agents, comply with all
laws relating to anti-bribery and anti-corruption including the Malaysia Bribery Act 2010 (the "Bribery Act")
in all matters relating to the Agreement, and shall not (i) engage in any activity, practice or conduct which
would constitute an offence under the Bribery Act if such activity, practice or conduct had been carried out
in the Malaysia; or (ii) do or suffer anything to be done which would cause Moving Apes Studio to
contravene the Bribery Act.
If the Client shall become bankrupt, or under the provisions of Section 123 of the Insolvency Act
1986, shall be deemed to be unable to pay its debts or compounds with its creditors or in the event of a
resolution being passed or proceedings commenced for the administration or liquidation of the Client
(other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or if a Receiver
or Manager or Administrative Receiver is appointed of all or any part of its assets or undertaking, Moving
Apes Studio shall be entitled to cancel the Agreement in whole or in part by notice in writing, without
prejudice to any right or remedy accrued or accruing to Moving Apes Studio.
16. FORCE MAJEURE
In the event of the Services being prevented, delayed, or in any way interfered with by any act of
government, war, industrial dispute, strike, breakdown of machinery or equipment, accident, fire or by any
other cause beyond Moving Apes Studio's control, Moving Apes Studio may, at its option, suspend
performance of or cancel the Agreement, without liability to the Client for any resulting damage or loss,
such suspension or cancellation being without prejudice to Moving Apes Studio's right to recover all sums
owing to it in respect of Services and Works delivered and costs incurred up to the date of suspension
Moving Apes Studio shall be entitled to appoint one or more sub-contractors to carry out all or
any of its obligations under the Agreement.
Variation: No variation of the Agreement (including any of the Services or Works to be provided
hereunder) shall be valid unless it is in writing and signed by, or on behalf of, each of the parties.
- Waiver:A waiver of any right or remedy under the Agreement is effective only if it is in writing and it
applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right
or remedy under the Agreement or by law shall constitute a waiver of that (or any other) right or remedy.
- Severance:If. any provision of the Agreement (or part of any provision) is found by any court or
other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-
provision shall, to the extent required, be deemed not to form part of the Agreement, and the vailidity and
enforceability of the othe provisions of the Agreement shall not be affected.
- Relationship:No partnership or joint venture is intended or created by the Agreement and neither
party shall have authority to act as agent for, to bind, the other party.
- Rights of third parties:A person who is not a party to the Agreement shall not have any rights under
the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
- Notices:Any notice or other communication required to be given under this Agreement or otherwise
in writing may be sent by email or by first class pre-paid post to A-07-11 USJ One Avenue USJ 1 Subang
Jaya 47600 Selangor. for the attention of the Legal department. Any notice sent by first class post shall
be deemed received two working days after the date of posting. Any notice sent by e-mail shall be
deemed received on the next business day after the date of delivery.
19. GOVERNING LAW AND JURISDICTION
The Agreement or any dispute relating to its subject matter shall be governed by and
construed exclusively in accordance with the laws of Malaysia and the parties hereby submit to the
exclusive jurisdiction of the Court of Malaysia.