1. Introduction
Welcome to EBH IT SOLUTIONS SDN. BHD.. These Terms and Conditions (the “Terms”) govern your access to and use of our website at https://ebhitsolutions.my (the “Website”) and the booking, purchase and provision of the professional services we offer (the “Services”). The Services are provided by EBH IT SOLUTIONS SDN. BHD. (Company No. 202501049591 (1650999-D)), trading as EBH IT SOLUTIONS SDN. BHD. (“we”, “us”, “our”).
By accessing the Website, requesting a quotation, making a booking or engaging us to perform any Services, you (“you”, “the Client”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website or engage our Services.
We provide services only; we do not sell, ship or deliver any physical goods through the Website. Any reference to “delivery” in these Terms means the performance and completion of the Services or the provision of any associated deliverables (such as reports, designs, documents or recommendations) and not the shipment of goods.
1.1 Role of the Payment Processor
Payments made on the Website are processed by Bayarcash Sdn. Bhd. (Company No. 202201040365) of Kota Bharu, Kelantan, Malaysia, a payment gateway operating under Malaysian law (the “Payment Processor”). The Payment Processor acts solely as an independent third-party provider of payment-processing services. It is not the service provider, supplier, merchant of record or counterparty to any engagement, and it does not own, control or operate the Website or perform any of the Services.
EBH IT SOLUTIONS SDN. BHD., and not the Payment Processor, is the seller of record and your sole counterparty in respect of any booking, engagement and the supply of the Services. All questions concerning your booking, the scope or performance of the Services, fees, scheduling, cancellation, deliverables, disputes or your personal data must be directed to EBH IT SOLUTIONS SDN. BHD. in the first instance. Nothing in these Terms makes the Payment Processor a party to, or liable for, any dispute between you and us regarding the Services.
2. General
We may change, move or remove any part of these Terms or the content of the Website at any time. We reserve the right to amend these Terms without prior notice, and any revised version will take effect from the date it is published on the Website, with the “lastUpdated” date above revised accordingly. Your continued use of the Website or engagement of the Services after any amendment constitutes your acceptance of the revised Terms.
Any violation of these Terms may result in the suspension or termination of your access to the Website and the cancellation of any pending bookings, and we may take appropriate action against any person who breaches them.
3. Engagement and Scope of Services
The specific Services to be performed, the deliverables to be provided, the timeframe and the applicable fees will be set out in the quotation, proposal, booking confirmation, statement of work or order confirmation issued by us and accepted by you (the “Engagement Details”). The Engagement Details, together with these Terms, form the agreement between you and us for the relevant Services.
You agree to:
Provide accurate, complete and timely information, instructions, materials, access and cooperation reasonably required for us to perform the Services;
Respond promptly to our requests for approvals, feedback or decisions; and
Ensure that any materials or content you supply to us do not infringe the rights of any third party.
We will perform the Services with reasonable skill and care. Any work, deliverable or task that falls outside the agreed scope set out in the Engagement Details constitutes additional work and may be subject to a separate quotation and additional fees, which must be agreed before that work is carried out. Where the Services depend on your input or third-party inputs, any timeframe is an estimate only and may be adjusted if those inputs are delayed.
4. Booking and Scheduling
You may request the Services through the Website, by submitting a booking request, or by accepting a quotation or proposal issued by us. A booking is confirmed only when we issue a booking confirmation or order confirmation and, where applicable, any required deposit or payment has been received.
We will schedule the performance of the Services, or any appointment, consultation or session, by agreement with you. You agree to be available, or to make available the necessary personnel, premises, systems or information, at the scheduled time. Where an appointment, session or scheduled activity is required:
You should arrive, or make the relevant resources available, at the agreed time;
Rescheduling requests should be made as early as reasonably possible and are subject to availability; and
Late attendance or unavailability on your part may reduce the time available for the Services without any reduction in the applicable fees.
We may reschedule the Services where reasonably necessary (for example, due to illness of assigned personnel, force majeure, or your failure to provide required inputs) and will use reasonable efforts to agree a revised schedule with you.
5. Fees and Payment
The fees for the Services are those set out in the Engagement Details. Unless stated otherwise, fees are quoted in the currency shown and are exclusive of any applicable taxes, levies, third-party charges or disbursements, which will be added where applicable and payable by you.
Depending on the nature of the engagement, fees may be charged as a fixed price, on a time-and-materials basis, as a recurring or retainer fee, or as a deposit followed by a balance, as specified in the Engagement Details. Unless otherwise agreed:
A deposit or advance payment may be required to confirm a booking and to commence work;
Payment is due by the date or on the milestones stated in the Engagement Details or invoice; and
We may suspend or withhold the Services or any deliverables where undisputed fees remain unpaid.
Payments may be made through the payment methods made available on the Website, which are processed by the Payment Processor. Payment cards (credit or debit cards) and other payment instruments are subject to validation checks and authorisation by your card issuer or payment provider. If we do not receive the required authorisation, we will not be liable for any delay or non-performance of the Services. You must contact EBH IT SOLUTIONS SDN. BHD. regarding any billing query before initiating any payment dispute or chargeback with your bank or card issuer.
6. Cancellation and Termination
Either party may cancel or terminate an engagement in accordance with this Section. Because the Services are performed by reference to scheduled time and the commitment of our personnel and resources, cancellation terms reflect the work and capacity reserved for you.
6.1 Cancellation by the Client
You may cancel a booking or terminate an engagement by giving us written notice. Where you cancel:
Any deposit or advance payment may be applied against work already performed, time reserved and costs reasonably incurred up to the date of cancellation;
You remain liable for fees in respect of Services already performed and deliverables already provided, and for non-cancellable third-party commitments reasonably made on your behalf; and
Any cancellation or rescheduling fee or notice period specified in the Engagement Details will apply.
Where a refund is due in respect of fees paid for Services not yet performed, it will be handled in accordance with our Refund Policy and the applicable Engagement Details.
6.2 Cancellation by Us
We may cancel or terminate an engagement by written notice where:
You fail to pay any undisputed fees when due;
You fail to provide information, instructions, access or cooperation reasonably required for us to perform the Services, after we have requested it;
Continuing the engagement would cause us to breach any law, professional obligation or applicable regulation, including the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”); or
You are in material breach of these Terms.
On termination, you will pay for all Services performed and deliverables provided up to the date of termination, together with any non-cancellable costs reasonably incurred.
7. Deliverables and Intellectual Property
Where the Services produce deliverables (such as reports, designs, documents, recommendations, plans or other work product), the ownership, licensing and permitted use of those deliverables will be as set out in the Engagement Details. Unless otherwise agreed in writing, deliverables are provided for your own internal use in connection with the purpose for which they were commissioned.
Unless otherwise noted or agreed, all materials on the Website and all of our pre-existing methodologies, know-how, templates, tools and content — including images, illustrations, designs, icons, text and other materials — are the intellectual property owned, controlled or licensed by EBH IT SOLUTIONS SDN. BHD., and nothing in these Terms transfers any of those rights to you except the limited rights expressly granted in the Engagement Details.
You retain ownership of the materials and content you supply to us, and you grant us a licence to use them to the extent necessary to perform the Services.
8. Client Materials, Feedback and Conduct
You are responsible for the accuracy, legality and completeness of any materials, instructions, content or information you provide to us. You confirm that any such materials do not infringe the intellectual property, privacy or other rights of any third party and do not contain unlawful, defamatory, abusive or obscene content. You are solely responsible for the content you submit.
Any comments, feedback or suggestions you provide to us regarding the Services or the Website may be used by us to improve our services without restriction or obligation to you, while any personal data within them is handled in accordance with our Privacy Policy.
9. Service Standards, Warranties and Inaccuracies
We will perform the Services with reasonable skill and care and in a professional manner. Except as expressly set out in these Terms or the Engagement Details, and to the fullest extent permitted by law, we make no other warranties, express or implied, regarding the Services, including any implied warranty of fitness for a particular purpose, except for those statutory guarantees and protections that cannot be excluded under the Consumer Protection Act 1999 where it applies to you.
Where the Services involve advice, recommendations or estimates, these are provided in good faith based on the information available and your stated requirements, and outcomes may depend on factors outside our control.
From time to time the Website may contain typographical errors, inaccuracies or omissions relating to service descriptions, availability or pricing. We reserve the right to correct any such errors and to change or update information without prior notice. Where a pricing or description error materially affects a booking you have made, we will contact you to confirm or cancel the booking before proceeding.
10. Limitation of Liability and Indemnity
To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with an engagement shall not exceed the total fees paid by you for the relevant Services giving rise to the claim. We shall not be liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, data, business or goodwill. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under Malaysian law, including under the Consumer Protection Act 1999 where it applies.
You agree to defend, indemnify and hold EBH IT SOLUTIONS SDN. BHD. harmless from and against any and all claims, damages, costs and expenses, including reasonable legal fees, arising from or related to your breach of these Terms, the materials or instructions you provide to us, or your misuse of the Website or any deliverable.
11. Links to Other Sites
The Website may contain links to third-party websites or resources. Any access to a third-party site is at your own risk. We are not responsible for, and do not endorse, the content, products, services or practices of any third-party site, and we will not be liable for any loss or damage arising from your use of any such site.
12. Age, Eligibility and Capacity
The Website and the Services are intended for persons who are at least 18 years of age and who have the legal capacity to enter into a binding contract under the Contracts Act 1950. By engaging our Services, you confirm that you meet these requirements, or that you are duly authorised to enter into these Terms on behalf of the person or organisation you represent and to bind that person or organisation.
13. Anti-Money Laundering and Lawful Use
We are committed to conducting our business lawfully and in accordance with applicable regulations, including the AMLA. We may decline, delay, suspend or cancel any engagement that we reasonably consider unlawful, high-risk or non-compliant with our legal and regulatory obligations, and we may request identity-verification or other information from you for these purposes. You must not use the Website or the Services for any unlawful purpose.
14. Data Protection
We process your personal data in accordance with our Privacy Policy and the Personal Data Protection Act 2010 (“PDPA”), including the Notice and Choice Principle, the Security Principle and the Retention Principle. To process your payment, your transaction data is shared with the Payment Processor, Bayarcash Sdn. Bhd., for the purposes of payment processing, fraud screening and compliance with its legal and regulatory obligations. Further details of how we collect, use, share and protect your personal data, including any cross-border transfer, are set out in our Privacy Policy.
15. Governing Law and Severability
These Terms, and any matter arising out of or in connection with them, are governed by and construed in accordance with the laws of Malaysia. You submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute arising out of or in connection with these Terms.
If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. These Terms, together with our Privacy Policy, Refund Policy and the applicable Engagement Details, constitute the entire agreement between you and us regarding the Services.
16. Contact Information
If you have any questions, requests or concerns about these Terms or the Services, please contact us:
Field | Detail |
|---|---|
Merchant | EBH IT SOLUTIONS SDN. BHD. (trading as EBH IT SOLUTIONS SDN. BHD.) |
Registration No. | 202501049591 (1650999-D) |
Address | NO 4-3, TINGKAT 2, JALAN SP 2/2, SEKSYEN 2, TAMAN SERDANG PERDANA, 43300 SERI KEMBANGAN, SELANGOR |
Website | https://ebhitsolutions.my |
Support Email | ebhitssb@gmail.com |
For matters relating specifically to payment processing, the Website’s payments are handled by the Payment Processor:
Field | Detail |
|---|---|
Payment Processor | Bayarcash Sdn. Bhd. (Company No. 202201040365) |
Address | Kota Bharu, Kelantan, Malaysia |
For all questions concerning your booking, the performance of the Services, fees, scheduling, cancellation, deliverables, disputes or your personal data held by us, you must contact EBH IT SOLUTIONS SDN. BHD. in the first instance using the contact details above. EBH IT SOLUTIONS SDN. BHD. is the seller of record and your sole counterparty, and the Payment Processor is an independent third party that provides payment-processing services only and is not responsible for the Services, their performance, or any dispute between you and EBH IT SOLUTIONS SDN. BHD..
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