1. COMMENCEMENT OF WORK


1.1 When the Client submits the signed quotation and/or Purchase Order (PO) of a project to Mix Mediaworx Sdn Bhd (MixMedia), the submitted documents
constitute an agreement that the Client has awarded the project to MixMedia
and shall work with MixMedia under the terms and conditions contained herein. Commencement of work is from the date of this signed quotation.
However the Client may be delay the starting date up to a maximum
of one (1) month upon signing of this quotation. Please note Clause 13.3
which may void this signed quotation.

1.2 The terms and conditions are binding and can only be amended with the written consent of MixMedia.

2. FEES FOR SERVICES

2.1 Fees provided by MixMedia for the awarded project shall be either:

   – As indicated on the quotation, which shall be binding for 30 days from quotation date, or
   – As indicated on the invoice issued by MixMedia to the Client in respect of the services provided for and stated in the signed quotation and/or PO.

2.2 A rush fee will be applied for urgent projects requiring completion within one (01) day to five (05) days.
2.3 Rush fee is usually double the standard rates, and may change at MixMedia’s sole discretion depending on the scope of work required for such project.
2.4 Any additions to the list of items on the signed quotation and/or PO is termed excess work, and shall be chargeable to the Client when:

   – MixMedia has informed the Client of the excess work required for the project,
   – The Client has agreed in writing via email or letter for MixMedia to proceed with the excess work,
   – MixMedia has issued a separate quotation for the excess work and The Client has submitted the signed quotation.

2.5 Excess work shall not commence until MixMedia has received the signed quotation and/or PO from the Client.

3. PAYMENT OF SERVICES

3.1 When the Client signs the quotation, the Client has entered into agreement to pay 50% of the total payment amount quoted (default payment amount). The Client would need to provide a PO of the default amount before MixMedia can proceed with the project.
3.2  The Client may choose to make other payment arrangements i.e. full or partial payments but this must be discussed and approved
by MixMedia before such arrangement is indicated in the remark section of the official quotation to supersede the default payment amount.
3.3 All invoices are payable within thirty (30) days from date of invoice.
3.4  Payment shall be made either by cash, credit card, cheque, direct credit or any other methods that has been agreed between the Client and MixMedia.
3.5  Payment not received within thirty (30) days from date of invoice shallincur a late payment fee equivalent to 5% of the invoiced amount for every month payment is outstanding

4.  SUSPENSION OF SERVICE


4.1  MixMedia shall at its sole discretion suspend any and all of its services to the Client when the payment is overdue for more than three (03) months from date of invoice
4.2  Suspension of such service does not relieve the Client of its obligation to pay the due amount and late payment fee(s) incurred.
4.3  MixMedia shall retain all copyright for work carried out until overdue amount and late payment fee(s) have been paid.

5. COPYRIGHT

5.1  The Client agrees to allow MixMedia to showcase any and all work as part of MixMedia’s portfolio. MixMedia acknowledges the confidential nature of project and agrees to only display project work onceit has been publicly launched and/or commenced.
5.2  MixMedia reserves the right to use all artwork, concepts produced in the course of the project (including concepts not selected) and
revisions for the purposes of promoting MixMedia in print or digital media
portfolios, social media platforms and other mediums, except where the Client has specifically requested in writing otherwise.
5.3  MixMedia retains full ownership of any and all work it has produced all work it has produced for the project. Once the final and approved work
is delivered to the Client and full payment is received, complete ownership rights to the concept or written works shall be transferred to the Client.
Unused works produced for the project remain
the property of MixMedia.
5.4  In the event the Client loses or accidentally deletes the files of approved work delivered by MixMedia at the completion of a project,
MixMedia can resupply these files at a fee equivalent to 10% of the total payment amount of that project. The fee shall be chargeable per request,
and such requests must be made within two (02) years from the date of
project completion. MixMedia is not obligated to keep/restore any files or
final artwork after two (2) years from the date of project completion. MixMedia is not liable for any lost of files or final artwork in the event
of a Force Majeure.

6. APPROVAL OF FINAL WORKS

6.1  The Client’s approval via email, SMS text, WhatsApp text or other forms of written verification to the MixMedia representative shall constitute a final approval of all works carried out for the project prior
to their release for printing, production, implementation, installation,
broadcast or publication.
6.2  While care is taken to avoid errors, MixMedia accepts no responsibility for typographical errors, spelling mistakes, or incorrect
information on the project committed to print or production. It is the Client’s
responsibility to proofread and approve all final written copy, artwork and/or other works prior to printing, production, installation, broadcast, or publication.
6.3  MixMedia shall not be held responsible for any color variations from what the Client sees on or off screen to what the final product looks
like thereafter due to the nature of printing, screen/monitor quality and
configuration settings outside the reasonable control of MixMedia.
6.4  No refunds, reprints, or reproduction shall be given after the written verification or final approval has been received.

8. DEFERMENT OF PROJECT PERIOD

8.1  The Client may seek for a deferment of the project period of up to a maximum two (02) months effective the second month of project
commencement due to Force Majeure. The deferred months may be applied
to run continuously or for an aggregate accumulative period of a maximum of two (02) months in any period within the project contract period.
8.2  Regardless of the circumstances of any cancellation made during the project period or deferred period, the Client is still obligated to pay all payment / remaining payment amount in lieu of compensation to MixMedia to cover the time spent, resources allocated, and/or work already carried out for the project according to this signed quotation.

9. LIABILITY AND LITIGATION

9.1  All work and materials provided for the Client by MixMedia encumbrances and may be lawfully will be fee and clear of all liens and
used by the Client without infringing upon the rights of others including,
and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
9.2  MixMedia agrees to indemnify and hold the Client harmless from and against all claims or actions by third parties against the Client
based upon materials prepared by MixMedia, involving any claim for libel, slander, piracy, plagiarism, invasion of privacy, or infringement of
copyright, except where any such claim or action arise out of
material supplied by Client.
9.3  The Client agrees to indemnify and hold MixMedia harmless with respect to any claims or actions by third parties against MixMedia
based on materials furnished by the Client, or on materials created by MixMedia that was substantially changed by the Client.
Information or data obtained by MixMedia from the Client to
substantiate claims made in advertising shall be deemed to be “materials furnished by the Client.”
9.4  The Client further agrees to indemnify and hold MixMedia harmlesswith respect to any death or personal injury claims or actions arising
from the use of Client’s products or services.

10. COMMITMENT TO THIRD PARTIES

10.1 All purchase of media, materials, and/or images, production costs, and engagement of talent(s) will be subject to the Client’s prior approval.
10.2 The Client reserves the right to cancel any such authorization, whereupon MixMedia shall take all appropriate steps to affect
such cancellation, provided the Client shall hold MixMedia harmless with respect to any costs incurred by MixMedia as a result.
10.3 MixMedia shall be liable for payments for purchases made on the Client’s behalf to the extent of the amount indicated in the signed quotation
and/or PO only. Purchases exceeding the originally quoted amount shall
be deemed excess work and shall be chargeable to the Client as per point 6.

11. CANCELLATION AND POSTPONEMENT POLICY

11.1  The Client shall give MixMedia at least thirty (30) days notice viaemail or letter prior to cancellation or postponement. The project is
deemed cancelled or postponed only with the written acknowledgement from
MixMedia, and that acknowledgement constitutes the agreement that the Client shall adhere to the terms and conditions contained herein.
11.2 For Clients who made full payment: If the Client cancels or postpones the project before the due date, after work has commenced or after work
is fulfilled, the Client shall forfeit any and all payment(s) made prior to
the cancellation or postponement date in lieu of compensation to MixMedia to cover the time spent, resources allocated according to this signed quotation.
11.3  For Clients who pay by installment: If the Client after work has commenced, the Client shall forfeit any and all payment(s) made prior to the cancellation or postponement date. The Client is still obligated to
pay the remaining installment payment amounts in lieu of compensation to
MixMedia to cover the time spent, resources allocated according to this signed quotation.
11.4 For payment not received: If the Client cancels or postpones the project after work has commenced and payment has not been received,
the Client is still obligated to pay the full total payment amount stated in
the signed quotation/PO within fourteen (14) days after cancellation or postponement is confirmed.

12. CONFIDENTIALITY

12.1 The Client and MixMedia respectively agree to keep in confidence and not to disclose or use for its own respective benefit or for the benefit
of any third party (except as may be required for the performance of
service under this agreement or as may be required by law) any information, documents, or materials that are reasonably considered confidential
regarding each other’s product, business, customers, client, suppliers,
or methods of operation; provided, however, that such obligation of confidentiality will not extend to anything in the public domain
that was in the possession of either party prior to disclosure. Price(s)
provided in this quotation is solely for the reference and use of the Client for its own project purpose and not to be disclose to any third unless an
agreement has been obtained from MixMedia either via email or letter.
12.2 The Client and MixMedia shall take reasonable precautions to safeguard the property of the other entrusted to it, but in the absence
of negligence or willful disregard, neither MixMedia nor the Client will be responsible for any loss or damage.

FOR MIXEL PURCHASE

1. ACCEPTANCE

1.1  By submitting the signed quotation and/or Purchase Order (PO), the Client agrees with the terms and conditions contained herein.
1.2  The signed quotation/PO constitutes that the Client has agreed to purchase the MIXEL device from MixMedia subject to the type
of unit, number of unit, and payment amount stated in the signed quotation.

2. DELIVERY, INSTALLATION AND TRAINING

2.1  Delivery of the MIXEL device may take up to five (05) to six (06) weeks from date of signed quotation/PO, subject to weather
conditions, sea conditions and custom clearance.
2.2  MixMedia shall be responsible to deliver the MIXEL device to the Client in good order and condition and install the MIXEL device
at Client’s premise in a timely manner.
2.3  MixMedia shall provide one (01) training session to the Client after the MIXEL device is installed. The Client shall arrange with MixMedia
the date and time of the complimentary training session at both parties’
convenience. Any additional training sessions required by the Client shall be chargeable according to MixMedia’s discretion.

3. OWNERSHIP

MixMedia shall transfer the ownership of the purchased MIXEL device to the Client upon receiving the full payment as stated in the signed quotation/PO

4. WARRANTY

4.1 The MIXEL device has a warranty period of 12 months from the date when the MIXEL device has been successfully delivered and installed
at the Client’s premise.
4.2 Warranty only covers the repair or replacement of basic parts only.
4.3 During warranty period:
4.3.1  Upon discovery of issue/defect, the Client shall give notice in writing to MixMedia and provide MixMedia with a reasonable opportunity
to examine the MIXEL device and confirm that the issue/defect is covered
under the warranty. If covered, MixMedia shall proceed to repair or replace the
defective part accordingly.
4.3.2  MixMedia may charge the Client the cost of parts and labor if the defect arises not from the defect of basic parts but as a result of fair
wear and tear, willful damage, negligence, abnormal storage or
working conditions, or any other circumstances beyond MixMedia control.
4.4 After warranty expires:
4.4.1  The Client agrees to accept the MIXEL device “as is”. Any repairs or maintenance are the full responsibility of the Client.
4.4.2  The Client may call upon MixMedia to repair or maintain the MIXEL device, whereupon MixMedia may charge the Client
the cost of parts and labor to diagnose, repair, replace and/or maintain the MIXEL device.

5. INDEMNITY, LIABILITY AND LITIGATION

5.1  The Client agrees to indemnify and hold MixMedia harmless against any claims of loss or damage, without limitation when the MIXEL device has been successfully delivered and installed at the Client’s premise.
5.2  In no event will MixMedia be liable for any lost savings, lost profits, lost data, or other consequential or incidental damages, or for
any claim against the Client by any other party.
5.3  The Client further agrees to indemnify and hold MixMedia harmless with respect to any death or personal >injury claims or actions arising
from the use of MIXEL device.

FOR MIXEL RENTAL

1. ACCEPTANCE

1.1  By submitting the signed quotation and/or Purchase Order (PO), the Client agrees with the terms and conditions contained herein.
1.2  Submission of signed quotation/PO constitutes that the Client has agreed to rent the MIXEL device from MixMedia subject to the type of unit,
number of unit, location/premise, purpose of rental, rental period, and
rental fee stated in the quotation.
1.3  Rental fee includes the cost of logistic to deliver install and collect the, MIXEL device to and from the location/premise designated by the Client,
and maintenance/technical support as and when required during
the rental period.
1.4  The Client is responsible to ensure that the information stated on the quotation is accurate so that MixMedia can carry out the delivery and
installation of the MIXEL device accordingly. Any changes to the
location/premise after the initial delivery and installation shall be chargeable in a separate quotation according to MixMedia’s discretion.

2. DELIVERY

2.1  MixMedia shall be responsible to ensure that the MIXEL device rented by the Client is installed at the location/premise designated by the Client
in a timely manner.
2.2  MixMedia has the right to inspect the location/premise and confirm with the Client if area designated for the MIXEL device is
suitable prior to installation. If unsuitable, MixMedia shall propose an alternative area within the designated location/premise to the Client.
The Client has to agree to the alternative area before MixMedia installs
the MIXEL device.

3. WARRANTY

3.1  The Client herein acknowledges that the MIXEL device to be rented from MixMedia will be as a result of the Client’s request and signed quotation/PO.
3.2   The MIXEL device shall be accepted by the Client “as is”. MixMedia makes no warranty of any kind regarding the rented MIXEL device, except to replace
the device with identical or similar device if the rented MIXEL device fails to
operate in accordance with the specifications set out in the signed quotation/PO. MixMedia shall carry out the replacement
as soon as practicable.
3.3  The Client reserves the right to terminate the rental agreement by giving fourteen (14) days written notice in the event that MixMedia
fails to promptly carry out the replacement.

4. OWNERSHIP, RISK AND RESPONSIBILITIES

4.1  The Client shall have no right, title or interest in or to the MIXEL device at anytime during the rental period.
4.2  The Client shall agree to keep and maintain any and all rented MIXEL device in good condition and assume full responsibility for the MIXEL device
until the rented MIXEL device is returned.
4.3  The risk of loss, theft, wilful damage or destruction resulted from negligent use of the rented MIXEL device shall pass to the Client upon rental.
The MIXEL device shall remain at the sole risk of the Client during the
rental period and/or when the MIXEL device is delivered to the Client at the location/premise designated by the Client.
4.4  The Client shall ensure that the rented MIXEL device is kept in a suitable environment, used only for the purpose as started in the signed
quotation/PO.
4.5  The Client shall not make alteration to the rented MIXEL device and shall not remove any existing components except if removed by MixMedia
in the course of repair or maintenance.
4.6  The Client shall permit MixMedia and its duly authorized representatives to inspect the rented MIXEL device at all reasonable
times and for such purpose to enter upon any premises at which the rented MIXEL device may be located and shall grant reasonable access and facilities for such inspection.
4.7  The Client shall not sell or offer for sale, sublease or loan the rented MIXEL device to any other persons, firms, or cooperation during the rental period.
4.8  The Client shall not permit the rented MIXEL device to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the rented MIXEL device is confiscated,
seized or taken, the Client shall notify MMW and the Client shall at its sole expense use its best endeavors of the rented MIXEL device and shall indemnify MMW against all losses, costs, damages and expenses incurred as a result of such confiscation.
4.9  The Client shall not use the rented MIXEL device for any unlawful purpose.

5. SUSPENSION OF PRODUCT AND SERVICE

5.1  MixMedia shall at its sole discretion suspend the rental period when the payment is overdue.
5.2  Suspension of the rental period does not relieve the Client of its obligation to pay the due rental amount or to meet the conditions herein.
5.3  MixMedia shall be allowed access to the Client’s premise where the rented MIXEL device is located for the purpose of retrieving the MIXEL
device during the suspension period, and reinstate the device for the
remaining rental period once payment has been received or when the right conditions have been met.
5.4  MixMedia shall not be liable to replace or extend the rental period based on the number of days lost during the suspension period.

6. END OF RENTAL PERIOD AND/OR EXITING

6.1  At the end of rental period, the Client shall allow MixMedia or its representative access to the premise where the rented MIXEL device is
located for the purpose of retrieving the MIXEL device.
6.2  If the Client wishes to exit the contract prior to expiry, the Client shall need to give MixMedia at least thirty (30) days notice via email or letter
prior to exiting/cancelling the contract.
6.3  The contract is deemed cancelled only with the written acknowledgement from MixMedia, and the Client shall allow MixMedia
or its representative access to the premise where the rented MIXEL device is located for the purpose of retrieving the MIXEL device.
6.4  For Clients who made full payment: If the Client exits before the end of e the contract period, the Client shall forfeit any and all payment(s) made
prior to the cancellation date in lieu of compensation to MixMedia to
cover the time spent and resources allocated to remove the MIXEL device(s) from its premise.
6.5  For Clients who pay by installment: If the Client cancels the advertisement before the end of the contract period, the Client shall forfeit any and all payment(s) made prior to the cancellation date and is still obligated to pay
the installation payment amount for that month. The cancellation does not relieve the Client of its obligation to pay any due amounts.

7. INDEMNITY, LIABILITY AND LITIGATION

7.1  The Client agrees to assume full responsibility and liability for the safekeeping and return of the rented MIXEL device at the end of the
rental period.
7.2  The Client agrees to indemnify and hold MixMedia harmless from any and all liability, claims, damages, costs and expenses arising from
the Client’s use, misuse and/or possession of the rented MIXEL device.
7.3  The Client further agrees to indemnify and hold MixMedia harmless with respect to any death or personal injury claims or actions arising
from the use of MIXEL device products.

8. DEFERMENT OF RENTAL PERIOD

8.1  The Client may seek for a deferment of the rental period up to a of maximum two (02) months effective the second month of rental
commencement due to Force Majeure. The deferred months may be applied to run continuously or for an aggregate accumulative period of a
maximum of two (02) months in any period within the rental period.
8.2  Regardless of the circumstances of any cancellation made during the rental period or deferred period, the Client is still obligated to pay all
payment/remaining payment amount in lieu of compensation to MixMedia
to cover the time spent, resources allocated, and/or work already carried out for the rental according to this
signed quotation.

2. OWNERSHIP, RISK AND RESPONSIBILITIES

2.1  The Client shall have no right, title or interest in or to the MIXEL devices used for MIXEL Nationwide advertising during the advertising period.
2.2 The Client is responsible to provide MixMedia with any and allcontent during the advertising period stated in the signed quotation.
The Client must provide the content within the scheduled timetable i.e. every
Monday and Tuesday during office hours (8:00am to 5:00pm). Any content received thereafter shall be uploaded the following week.
2.3  The Client is responsible to provide the content in the correct format and size. MixMedia shall inform the Client as and when content received
is not in the correct format or size. MixMedia shall only upload the
content when the Client has provided MixMedia with the content in its correct format and size.
2.4  The Client is responsible to ensure that the content provided is accurate. MixMedia accepts no responsibility for typographical errors, spelling
mistakes, or incorrect information found in the content uploaded.
2.5  MixMedia is responsible to ensure that the content is uploaded onto the MIXEL Nationwide advertising platform within its upload schedule
i.e. every Wednesday, Thursday and Friday during office hours (8:00am
to 5:00pm).
2.6  If the Client requires upload outside of the upload schedule, such ad hocrequest and its content must be channeled through the MixMedia
representative via email at least 24 hours prior to its requested upload
schedule. The MixMedia representative shall arrange for the ad hoc upload request after acknowledging receipt of the ad hoc request and its content.
MixMedia may charge the Client for any overtime incurred at a flat rate
of BND20.00 per half day if ad hoc requests are received too frequently as they disrupt the operational schedule of the MIXEL team. The waiver of
such charges lies at the discretion of MixMedia. Should overtime be chargeable, the MixMedia representative shall notify the Client via email.
Ad hoc uploads shall be carried out only after the Client has agreed
to the overtime charges.
2.7  The Client’s approval via email, SMS text, WhatsApp text or other forms of written verification to the MixMedia representative shall constitute a
final approval of content to be uploaded onto MIXEL Nationwide
advertising platform.
2.8  MixMedia shall not be held responsible for any color variations from what the Client sees on or off screen to what the content looks like thereafter
due to screen/monitor quality and configuration settings outside the
reasonable control of MixMedia.

3. SUSPENSION OF SERVICE

3.1  MixMedia shall at its sole discretion suspend the advertisement when payment is overdue.
3.2 Suspension of the advertisement does not relieve the Client of its obligation to pay the due amount and late payment fee(s) incurred.
3.3  MixMedia shall be allowed to remove the Client’s content from the MIXEL Nationwide advertising platform during the suspension period, and
reinstate the content for the remaining advertising period once payment
has been received.
3.4  MixMedia shall not be liable to replace or extend the advertising period based on the number of days lost during the suspension period.

4. CANCELLATION AND POSTPONEMENT POLICY

4.1  The Client shall give MixMedia at least thirty (30) days notice via email or letter prior to cancellation or postponement. The project is
deemed cancelled or postponed only with the written acknowledgement from
MixMedia, and that acknowledgement constitutes the agreement that the Client shall adhere to the terms >and conditions contained herein.
4.2  For Clients who made full payment: If the Client cancels or postpones  the project before the due date, after work has commenced or
after work is fulfilled, the Client shall forfeit any and all payment(s) made prior to the cancellation or postponement date in lieu of
compensation to MixMedia to cover the time spent,
resources allocated, and/or work already carried out for the project.
4.3  For Clients who pay by installment: If the Client cancels or postpones the project before the due date and after work has commenced,
the Client shall forfeit any and all payment(s) made prior to the cancellation or
postponement date. The Client is still obligated to pay the remaining installation payment amounts in lieu of compensation to MixMedia to cover
the time spent, resources allocated, and/or work already carried out
for the project.
4.4  For payment not received: If the Client cancels or postpones the project after work has commenced and payment has not been received, the Client
is still obligated to pay the full total payment amount stated in
the signed quotation/PO within fourteen (14) days after cancellation or postponement is confirmed.
4.5  MixMedia shall retain all copyrights and any original concept, artwork, documents or production developed for the cancel or postponed projects.

5. INDEMNITY, LIABILITY AND LITIGATION

5.1  All work and materials provided for the Client by MixMedia will be free and clear of all liens and encumbrances and may be lawfully used by the
Client without infringing upon the rights of others including, and without
limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
5.2  MixMedia agrees to indemnify and hold the Client harmless from and against all claims or actions by third parties against the Client based upon
materials prepared by MixMedia, involving any claim for libel, slander, piracy, plagiarism, invasion of privacy, or infringement of copyright, except where any
such claim or action arise out of material supplied by Client.
5.3  The Client agrees to indemnify and hold MixMedia harmless with respect to any claims or actions by third parties against MixMedia based
on materials furnishedby the Client, or on materials created by MixMedia that was substantially changed by the Client. Information or data obtained by
MixMedia from the Client to substantiate claims made in advertising shall
be deemed to be “materials furnished by the Client.”
5.4  The Client further agrees to indemnify and hold MixMedia harmless with respect to any death or personal injury claims or actions arising from the
use of Client’s products or services.

6. DEFERMENT OF ADVERTISING PERIOD

6.1  The Client may seek for a deferment of the advertising period of up to a maximum two (02) months effective the second month of advertising
commencement due to Force Majeure. The deferred months may be applied
to run continuously or for an aggregate accumulative period of a maximum of two (02) months in any period within the advertising period.
6.2  Regardless of the circumstances of any cancellation made during the advertising period or deferred period, the Client is still obligated to pay
all payment/remaining payment amount in lieu of compensation to
MixMedia to cover the time spent, resources allocated, and/or work already carried out for the advertising according to this signed quotation.

FOR MIXEL SERVICES

1. ACCEPTANCE

1.1  By submitting the signed quotation and/or Purchase Order (PO), the Client agrees with the terms and conditions contained herein.
1.2  MIXEL Services include, but not limited to, dashboard development, artwork/video adaptation, maintenance and/or technical support, logistic
support, and any other items not included in the initial quotation provided
for MIXEL Purchase, MIXEL Rental, and MIXEL Nationwide.
1.3  Submission of signed quotation/PO constitutes that the Client has agreed to the MIXEL service and fee stated in the quotation.
1.4  MixMedia shall only carry out the stated service(s) upon receipt of the signed quotation.

2. SUSPENSION OF SERVICE

2.1  MixMedia shall at its sole discretion suspend the service when payment is overdue.
2.2  Suspension of such service does not relieve the Client of its obligation to pay the due amount and late payment fee(s) incurred.
2.3  MixMedia shall retain any and all copyright and ownership of work and any other items stated in the signed quotation until payment has been received.

3. INDEMNITY, LIABILITY AND LITIGATION

3.1  All work and materials provided for the Client by MixMedia will be free and clear of all liens and encumbrances and may be lawfully used by the
Client without infringing upon the rights of others including, and without
limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
3.2  MixMedia agrees to indemnify and hold the Client harmless from and against all claims or actions by third parties against the Client based upon
materials prepared by MixMedia, involving any claim for libel, slander,
piracy, plagiarism, invasion of privacy, or infringement of copyright, except where any such claim or action arise out of material supplied by Client.
3.3  The Client agrees to indemnify and hold MixMedia harmless with respect to any claims or actions by third parties against based on MixMedia
materials furnishedby the Client, or on materials created by MixMedia that was substantially changed by the Client. Information or data obtained by
MixMedia from the Client to substantiate claims made in
advertising shall be deemed to be “materials furnished by the Client.”
3.4  The Client agrees to indemnify and hold MixMedia harmless with respect to any claims or actions by third parties against MixMedia based
on materials furnishedby the Client, or on materials created by MixMedia
that was substantially changed by the Client. Information or data obtained by MixMedia from the Client to substantiate claims made in advertising shall be
deemed to be “materials furnished by the Client.”
3.5  The Client further agrees to indemnify and hold MixMedia harmless with  respect to any death or personal injury claims or actions arising from
the use of Client’s products or services.

4. FORCE MAJEURE

4.1  MixMedia shall not be liable or deemed to be in breached of this signed quotation for any failure or delay in the supply or delivery of services
where such failure or delay is wholly or partly due to any cause or
circumstance whatsoever outside the reasonable control of MixMedia. Where Client’s artwork/brand display has been published/ displayed/ installed
/ printed or production has started, the Client is to pay in full the
total amount of this quotation for the product/services rendered. MixMedia will not be held responsible for any published/displayed work that
has not garnered any traffic/audience. MixMedia shall not be liable to
replace or extend the any publication/ display/ subscription/ rental of advertising space period based on the number of days lost during Force Majeure.
4.2  Such circumstance includes, but not limited to, war, disruption of MixMedia utilities or infrastructure as the result of extreme weather
events, natural disasters, epidemic or pandemic, public health emergency,
disease outbreak, national emergency, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages,
failure attributable to hosting suppliers, breakdown of plant, theft,
vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

5. GENERAL

5.1  All invoices are payable within thirty (30) days from date of invoice.
5.2  Payment shall be made either by cash, credit card, cheque, direct credit, or any other methods that has been agreed between the Client and MixMedia.
5.3  Payment not received within thirty (30) days from date of invoice shall   incur a late payment fee equivalent to 5% of the invoiced amount for every
month payment is outstanding.
5.4  The Client and MixMedia respectively agree to keep in confidence  and not to disclose or use for its own respective benefit or for the benefit of
any third party (except as many be required for the performance of service under this agreement or as may be required by law)
any information, documents, or materials that are reasonably considered
confidential regarding each other’s product, business, customers, client,
suppliers, or methods of operation; provided, however, that such obligation of confidentiality will not extend to anything in the public domain or that
was in the possession of either party prior to disclosure.
5.5  MixMedia reserves the right to review the terms and conditions contained herein at any time. If, following any such review, there are
changes to the terms and conditions, the changes will take effect from the date on which MixMedia notifies the Client of such change.
5.6 The failure by MixMedia to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it
affect MixMedia’s right to subsequently enforce that provision.
5.7  If the Client has made no contact with MixMedia for a period of more than thirty (30) days after the quotation is submitted, MixMedia reserves
the right to re-quote the entire project.