Terms and conditions for Tutor-OHOPC Package C

 Linear Channel Sdn Bhd (hereinafter referred to as “the Company”) hereby lets and the applicant (hereinafter referred to as “the Customer”) takes on rental from the Company the rental of the Computer as per Tutor-OHOPC Package C in the application form upon the terms and conditions herein. These terms and conditions shall be binding on the Customer immediately upon approval of the application form and/or upon payment of the upfront payment.

Tutor-OHOPC Package C	Easy Installment Scheme Rental
Refurbished Branded PC Intel P4 2.4-2.6 Ghz, 512MB, 40GB HDD, CD, XP, 17” CRT or 17” LCD, warranty 2 years, Tutor e-learning 24 months	i)         Upfront payment of RM390(for CRT) and RM490(for LCD)-Refundable, see *condition below ii)       Thereafter, RM60 payable over 24 months
Optional: Modem RM30
Delivery Charge: RM60(Main towns, Peninsular Malaysia) RM130(Maintowns, Sabah/Sarawak). Others subject to quotation.
*  In the event the customer wish to terminate and return the computer set (must be in good working condition), the upfront payment is refundable after 12 months of prompt monthly payment of RM60 subject to administrative fee of RM100

1.       Acceptance of computer

1.1     The Computer is considered delivered by the Company upon the Consignment Note (via courier service) signed by the recipient.

2.       The easy-payment rental facility

    During its currency and subject to the terms and conditions of use herein set out as      modified and stipulated by the Company from time to time, the Tutor-OHOPC Package C program entitles the Customer to the Easy Installment Scheme rental facility with the Company subject to the express approval of the Company

3.       Initial Payment

 Upfront payment of RM390(for CRT) and RM490(for LCD) + Delivery Charge

4.       Terms of Rental Payment

24 months commencing on the due date as shown in the table in clause 5.

5.       Rental Payment Schedule

5.1     Rental Payment of Ringgit Malaysia Sixty (RM60.00) per month is payable without demand, one month from date of delivery (defined as the date of Consignment Note, i.e. the date of which the Computer is collected from the Company for delivery to the Customer) based on the following formula as shown in the table below:

Date of delivery	Due date is fixed as follows
1st – 7th day of every month	7th day of every month
8th – 14th day of every month	14th day of every month
15th – 21st day of every month	21st day of every month
22nd – 31stday of every month	28th day of every month
Example: i)    8/2/08 is date of delivery  ii) 31/3/08 is the date of delivery	i)         14/3/08 is the due date  ii)       28/4/08 is the due date

5.2     The Customer is required to sign a standing instruction form authorizing the Bank where his/her account is maintained to debit his/her bank account the sum equivalent to the monthly rental sum of RM60 to be paid in favor of the Company on a monthly basis, for a duration of 24 months subject to clause 5.3 herein below.

5.3     The Customer hereby authorize the Company to submit the said standing instruction form to his/her Bank where his/her account is maintained as many times as the Company deems fit and appropriate until such time all rental payment due is duly credited in favor of the Company.

6.     Interest On Late Payment

6.1     Where the Customer fails to make the monthly rental payment on due date, the Company shall be entitled to charge, and the Customer shall be liable to pay, late payment charges currently computed at the rate of 18% per annum or 1.5% per month (whether before or after Judgment) or such other rate as may be stipulated by the Company and/or such other government authority from time to time, calculated on the unpaid sum from the due date until such date payment is received.

7.   Commencement of agreement

7.1     This Agreement shall commence on the date the upfront payment is paid to the Company and continue for the term as described in clause 4. This Agreement shall not be terminated except as hereinafter provided.

7.2     Upon the Customer’s settlement of the Initial Payment plus delivery charge as described in clause 3 as security and part payment for the computer for the due performance of this Agreement and execution of this Agreement, the Company shall deliver the Computer to the Customer at the address stated in the application form.

7.3     The Customer shall pay to the Company the rental payments without demand, in the manner described in Clause 5.

7.4     Punctual payment of each rental shall be of the essence of this Agreement and the Customer shall be deemed to have repudiated this Agreement if any of the rental payments or part thereof shall remain unpaid after becoming due.

7.5     All sums payable to the Company under this Agreement shall be paid to the Company at the business address of the Company or at such address as the Company may from time to time specify or any other manner which the Company may specify in writing from time to time, and payments made by post shall be at the risk of the Customer.

8.    Scope of warranty

8.1     Subject to clause 10 & 11 below, the Company shall throughout the tenure of rental provide :-

a.        hardware support free of charge for hardware support, including replacement parts if carried out at the Company’s headquarters in Taman Desa, Old Klang Road, Kuala Lumpur or for the Customers whose locations are outside Klang Valley, the Customer is to carry-in the Computer to the Company’s appointed service centres/agents where a minimum service charge of RM20 shall be borne by the customer, hardware replacement parts shall be free of charge. In the event there is no service centres/agents available, the Customer shall arrange to courier to the Company, charges (to and from) shall be borne by the Customer. On-site services for such inspection and software support shall be subject to charges which is subject to change from time to time. The turnaround time for this warranty support is expected to be between 2-21 working days; subject to location;

b.       This warranty covers manufacturing defects only and the Company shall not under any circumstances be held responsible for any losses or damages resulting from data loss or software usage or speed connectivity etc and under no circumstances shall the Company be held responsible for losses or damages caused by Acts of God or ‘force majeure’ which is defined as any circumstances not foreseeable at the date of this agreement and not within the reasonable control of any party to this agreement, including but not limited to strikes, lockouts, shortages of labour, materials or components, civil commotion, riot, invasion, war, threat of or preparation for war, unavoidable accident, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster, damage due to the actions of the Customer or any other third party (whether or not deliberate).

c.        The exclusions stated herein are not exhaustive and it shall be in the Company’s sole discretion whether any damage/ defects fall within the scope of this warranty.

d.       The Computer shall be labeled with the Company’s seal(s) at strategic locations on the vital section(s) of the computer and if such seal(s) are found broken or tampered with, the warranty shall be invalidated and the Company reserves the right to impose charges on any repair and/or replacement of such hardware. In the event replacement of any parts of the Computer is required, the Company reserves the right to replace the Computer of the same specifications or in the event of non-availability, with higher specification though such replacement may not necessary be of the same brand or make. The Company shall endeavor to replace for the Customer, Computer of the same specification and make subject to availability but under no circumstances shall the Customer be entitled to dictate the brand or make of the replacement parts of the Computer.

9.       Access to E-Learning Portal

9.1     Both the OHOPC Packages include access to Tutor e-learning portal (www.tutor.com.my) for one child (per level basis) as follows:

i.         Type                                       :  Tutor E-learning Portal (Access via internet)

ii.        Learning system                     :   Output Learning exercises

iii.      Level                                      :   Year 1 to Form 5

iv.      Subjects:               

a.        Kindergarten

Creativity only

b.       Year 1 to Year 6

BM, BI, Maths & Science

c.        Form 1 to Form 3

BM, BI, Maths & Science, Geography & Sejarah

d.       Form 4 to Form 5

BM, BI, Maths & Science, Geography & Sejarah, Fizik, Kimia & Biologi,

e.        Mandarin only

v.       Module:

Battle of the Brains, Topical Exercise & Online Assessment

9.2     The Company shall advise the user id and password for access to the said E-Learning Portal upon delivery of the Computer. Access to the said E-Learning Portal shall be subject to the terms and conditions stated therein and the Company shall not be liable for any consequences that may arise during the surfing and/or access to the said portal.

9.3     The Customer is to indicate the Level required of his/her child in the Application form

9.4     For additional child, a monthly fee of RM10 per additional child per level is payable

10.   Enjoyment of services

10.1        The Customer will enjoy the services set out in paragraph 8 & 9 above throughout the tenure of rental, subject always that the Customer shall:-

a. punctually pay all sums payable herein;

b. keep or maintain the Computer in good and substantial repair and condition (fair wear and tear only excepted) and shall dutifully follow the computer's manufacturer's recommendations as to use, service and maintenance thereof;

c. keep the Computer at all times in his possession and control and not remove the same from the place described in said Application form without the consent in writing of the Company or cause or permit the computer to be so affixed to the premises in which they shall for the time being be situated as to become fixtures;

d. take all steps necessary to prevent damage, theft or loss of the computer or any part thereof and insure the computer as necessary but notwithstanding such damage, theft or loss of the computer continue to pay the monthly rental until full settlement;

e. permit the Company, their servants or agents and any person authorised by the Company at all reasonable times to enter upon the premises in which the Computer are for the time being placed or kept for the purpose of inspecting and examining the condition of the Computer or to retake possession of the computer under clause 11 hereof

f. indemnify the Company against loss and damage to the Computer or any part thereof from whatsoever cause arising and whether or not such loss or damage results from the negligence of the Customer ;

g. not permit the Computer to be subject of any litigation with any third party or legal execution, distress or lien by any third party. If such event occurs, the Customer shall immediately notify the Company thereof and shall forthwith cause the computer to be released there from;

h. not sell assign let pledge mortgage charge encumber or part with possession of or otherwise deal with the Computer or any interest therein and in the event of any breach of this sub-clause by the Customer the Company shall be entitled (but shall not be bound) to pay any third party such sum as is necessary to procure the release of the Computer from any charge encumbrance or lien and to recover such sum from the Customer forthwith;

i. pay to the Company all expenses (including legal costs on a full indemnity basis) incurred by or on behalf of the Company in ascertaining the whereabouts of the Computer in taking possession thereof as a result of breach(es) by the Customer of any provisions of this Agreement and preserving insuring storing the Computer thereafter and of any legal proceedings taken by or on behalf of the Company to enforce the provisions of this Agreement.

11.   Default/Termination

11.1   Subject to the Company’s approval (which shall be at its absolute discretion), if after settlement of the Initial Payment but prior to the delivery/collection of the Computer, the Customer shall be entitled to terminate this Agreement by giving written notice to the Company. Upon the Company’s approval of such termination, a sum of RM120-00 shall be deducted from the Initial Payment and any balance thereof shall be kept as credit note (free of any interest whatsoever) for future purchase by the Customer.

11.2  If the Customer shall make default in payment in any of the sums payable hereunder or shall fail to observe or perform any of the other terms and conditions of this Agreement whether express or implied or if the Company shall on reasonable grounds consider the interest of the Company under this Agreement be prejudiced in anyway, the Company may without prejudice to any liability of the Customer to the Company terminate this Agreement by giving notice in writing the Customer and thereupon this Agreement and the rental hereby constituted shall for all purposes determine and thereafter the Customer shall no longer be entitled to possession of the Computer and the Customer shall have no any rights against the Company. The Company reserves the right to report the Customer’s default in payment of the installment(s) to any credit tracking / report organizations.

11.3    Upon termination by the Company: -

a)    all monthly rental due for the unexpired rental period and any arrears plus late payment interest (whether after or before judgment) shall be immediately due and payable to the Company.

b)  the Company may without further notice, re-possess the Computer immediately and the Customer shall upon such termination return to the Company all relevant documents relating to the Computer and be liable to pay to the Company all losses including but not limited to the arrears of rental payments (including interest thereon as provided under this Agreement whether after or before judgment) accrued up to the date of termination and all unexpired rental payments due to the Company under this Agreement. The Company shall also be entitled charge the Customer the fees incurred (on full indemnity basis) to re-possess the Computer.

11.4  If a receiving order shall be made against the Customer or shall make any arrangement with its creditors or any assignment for the benefit of such creditors or if distress or execution shall be levied or threatened upon any of the Customer's Property or any judgment against the Customer shall remain unsatisfied for more than fourteen (14) days or if the Customer shall abandon the Computer then this Agreement shall automatically and without notice determine and thereupon the Customer shall cease to be entitled to be in possession of the Computer, without prejudice to any liability of the Customer to the Company and the Customer shall not have any rights against the Company.

11.5  In the event of default, all hardware warranty and access to the education portal shall be suspended until such time all arrears sum inclusive of late payment interests and other incidental charges owing have been paid in full.

11.6  The Customer shall be entitled to terminate this Agreement by giving one (1) month’s prior written notice to the Company after prompt payment of 12 months rental and thereafter the Customer may return the Computer in good order and condition, to the Company at the Customer’s own costs. If the Computer is found to be in good order and condition by the Company, the initial payment shall be refunded on the following month on the 15^th day subject to administrative fee of RM100. In the event the Computer is not in good condition, the Company reserves the right to charge a refurbishment fee at it’s sole discretion or reject the Customer’s intention to terminate in which event the cost of taking re-delivery of the Computer shall be borne by the Customer. The Company’s decision on the condition of the Computer shall be final.

12.   Exclusion of Liability

No liability shall attached to the Company whatsoever either in contract or in tort for loss injury or damage sustained by reasons of any defect in the Computer whether such defect be latent or apparent on examination and the Company shall not be liable to indemnify the Customer in respect of any claims made against the Customer by a third party for any such loss injury or damage 

13.  Waiver

No relaxation forbearance delay or indulgence by the Company in enforcing any of the terms and conditions of this Agreement or the granting of time by the Company to the Customer shall prejudice affect or restrict the rights and powers of the Company hereunder nor shall any waiver of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.

14.  Full Settlement

14.1   It is hereby agree that upon full payment of the rental due to the Company whether paid over the period set out in Clause 4 or by one lump sum payment by the Customer prior to the expiry of the rental period, the Customer may by giving a written notice to the Company, be entitled to either :-

a.  legal ownership of the said Computer whereupon, the Company shall issue a certificate and/or any such other form of documentation evidencing such transfer of legal ownership to the Customer ; or

14.2  In either case above, the Customer must provide proof of all the rentals paid in exchange for the transfer of legal ownership.

15.  Assignment

This Agreement and all rights hereunder may be assigned or transferred by the Company and shall inure to the benefits of the Company's successors and assigns.

16.  Superseding Agreement

The Company’s Delivery Order and all other relevant accompanying documents (eg Courier Service Consignment Note) shall form part of, be read and construed as part of and/or deemed incorporated into this Agreement, and together with this Agreement embodies all the terms and conditions between the parties hereto and supersedes and cancels in all respects all previous arrangements, agreement and under-takings, if any, between parties hereto, whether written or oral.

17.  Severability

In the event that any one or more of the provisions of this Agreement shall for any reason whatsoever be held to be invalid, illegal and/or unenforceable under any laws of the Territory, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the other provisions of this Agreement.

18.    Notice

18.1   Unless otherwise specified herein, all notices, requests or other communications to  or upon any of the parties shall be in writing.

(a)     The address for service of the party to be served shall be the address of the party or his solicitors stated herein or such other address notified to the other party or his solicitors.

(b)       A notice or communication shall be deemed to have been served as follows:

i. if personally delivered, at the time of delivery to the party concerned or his solicitors

ii. if posted, at the expiration of seven (7) days after the envelope containing the same was delivered into the custody of the postal authorities.

iii. if sent by telex or facsimile or sms or email, immediately after transmission and confirmation of transmission.

18.2    Any notices or communication by post shall be pay by pre-paid registered post.

18.    Any failure on the part of the Customer to notify any change of his/her address resulting in delay or return of any correspondences and notice shall not prejudice the Company’s rights and entitlement under this Agreement.

19.  Service of Legal Process

Any service of legal process which includes writ of summons and other pleadings as well as other forms of originating process, interlocutory application of whatever nature, affidavits, orders, and such documents other than aforesaid which are required to be served under the Rules Of The High Court 1980, Subordinate Courts Rules 1980, Companies Act 1965, Bankruptcy Act 1967, Debtors Act 1957 or any other statute and the rules made thereunder may be sent by the Company or its appointed Solicitors by prepaid registered post to the address set out herein or to the Customer’s last known address and the same shall be deemed to have been duly served and duly received by the Customer upon expiry of forty eight (48) hours after the time of posting of the same.

20.  Certificate of Indebtedness

A certificate signed by the officer of the Company as to the monies for the time being due and owing to the Company from the Customer shall be conclusive evidence or proof that the amount appearing therein is due and owing and payable by the Customer to the Company.

21.  Law

This Agreement shall be governed by and construed in all respects in accordance with the laws of Malaysia and the parties hereto submit to the exclusive jurisdiction of the Courts of Malaysia provided always that the Company shall be at liberty to take any proceedings in any courts in Malaysia to protect and enforce the provisions of this Agreement or otherwise to recover payment of any sums or monies due hereunder subject always that in the event of any dispute in respect of any matter arising out of this Agreement leading to litigation, the Courts of Malaysia and the High Court of Malaya at Kuala Lumpur or as the case may be, the Subordinate Courts at Kuala Lumpur shall be deemed seized of jurisdiction to the exclusion of any other Court(s) outside Kuala Lumpur and the parties hereby expressly agree to submit to their exclusive jurisdiction to hear and determine any action arising thereof.

22.  Disclosure

22.1   The Customer hereby authorizes the Company to disclose to any interested party and/or its officers any information concerning the Customer and his/her Tutor-OHOPC account with the Company in such manner and to such extent as the Company shall consider necessary to facilitate or for the purpose of recovering any monies due and payable from the Customer to the Company under this Agreement

22.2   The Company shall have the right to check the credit standing of any applicant with other parties or financial institution at any time as and when it deems fit without notice to him/her of the same.

22.3    The Customer hereby authorizes the disclosure of any information pertaining to the credit standing of the Customer to any parties and/or financial institution as is necessary in such manner and to such extent as the Company shall consider necessary in connection to such queries.

22.4  The Company shall not be liable whether directly or indirectly to the Customer or any other persons for such disclosure.

23.   Appointment of agents

23.1  In amplification and not in derogation of its rights under this Agreement, the Company shall have the right at its sole discretion, and when it deems it necessary to appoint and authorize an agent of its choice and on its behalf for the sole purpose of recovering any or all monies due and payable from the Customer to the Company under this Agreement or for the purpose to re-possess the Computer as defined in clause 11

23.2   The Customer hereby authorizes the Company to disclose any information concerning the Customer and his Tutor-OHOPC account to any of its agents duly appointed for the purpose of recovering any or all monies due and payable from the Customer to the Company under this Agreement and for the purpose to re-possess the Computer as defined in clause 11

24.   Disposal of Tutor-OHOPC account

24.1  The Customer hereby acknowledges and agrees that the Company may at its absolute discretion assign transfer and/or sell the Customer’s Tutor-OHOPC account or part thereof to such other institution, corporation, or statutory bodies approved and/or set up under any Acts or statutory legislation of Malaysia (hereinafter referred to as “the Tutor-OHOPC Account Purchaser) and towards this purpose the Customer hereby unconditionally and irrevocably consents to the assignment transfer and/or sale of the Customer’s Tutor-OHOPC account to the Tutor-OHOPC Account Purchaser as the Company deem fit.

24.2   In amplification and not in derogation of clause 24.1 above, the Customer further unconditionally and irrevocably consents and authorizes the Company to disclose, give, produce, divulge, reveal, and/or forward, deliver or otherwise make available such information, records, details regarding the Customer and/or the Customer’s Tutor-OHOPC account pursuant to or prior to the sale or intended sale of the Customer’s Tutor-OHOPC account to the Tutor-OHOPC Account Purchaser

25.   Fees and Charges

25.1   The Customer agrees to pay and authorises the Company to debit his/her Tutor-OHOPC Account with the following fees and charges:-

a. The fee of RM10 per month per extra child per year for access to the e-learning portal

b. Legal fees(on a solicitor and client basis) and other expenses incurred by the Company in enforcement of the Company’s right and entitlement under this Agreement and the recovery of monies owed by the Customer to the Company under his/her Tutor-OHOPC account.

c. Any other reasonable fees and charges imposed by the Company for services and f  facilities rendered to the Customer

25.2   Notwithstanding the above provisions, the Company may at its discretion vary the rate of such fees and charges by written notice or SMS (Short Message Service)to the Customer and such amended rate shall take effect from the date specified in the said notice

26.  Effect of Headings and Sub-Headings

The headings and sub-headings to the sections of this Agreement are inserted for purposes of convenience only and shall not be deemed to be a part thereof nor shall they be taken into consideration in the interpretation or construction thereof or of this Agreement.

27.  Official Receipts and Statement

The Company shall not be issuing any official receipts and/or sending out statements in respect of the Customer’s Tutor-OHOPC account. The Customer is to keep its own record of all the payments made to the Company. In the event a statement of account is required, a fee of RM5 shall be payable in advance upon request made.