TERMS AND CONDITIONS – DATA ASIA EXHIBITOR

THIS TERMS AND CONDITIONS, hereinafter referred to as “T&C”, is made effective as of 1st day of April 2021 Between VIRTUALTECH FRONTIER SDN. BHD. (Co. No. 1399827-H), hereinafter referred to as “Organizer” with registered office at 5, East Wing, Level 3, Jalan Stesen Sentral, Kuala Lumpur Sentral, 50470 Kuala Lumpur; and Registered User on www.data-asia.biz, hereinafter referred to as “Exhibitor” with redeemed or purchased DATA Asia Exhibition Virtual Booth(s).

WHEREAS: –

  1. The Exhibitor is engaging the Organizer to redeem or purchase Exhibition Virtual Booth(s) and join the DATA Asia Virtual 2021. The Exhibitor Virtual Booth(s) is/are valid for Exhibitor to exhibit at DATA Asia Virtual 2021 event virtually via computer or mobile devices during the duration of the event, which is currently set on May 24th to May 30th, 2021. The Organizer reserves the rights to change the event dates from time to time without prior notice. Any changes to the T&C will be uploaded onto our Website.
  2. The Organizer reserves the rights to amend this T&C from time to time without prior notice. Any changes to the T&C will be uploaded onto our Website. Exhibitor are encouraged to check/visit the Website (data-asia.biz) from time to time for any changes on a regular basis.

IT IS HEREBY AGREED between the Organizer and Exhibitors as follows:

  1. General
    • The Exhibitor Virtual Booth(s) is/are valid for Exhibitor to exhibit at DATA Asia Virtual 2021 event virtually via computer or mobile devices during the duration of the event, which is currently set on May 24th to May 30th, 2021. The Organizer reserves the rights to change the event dates from time to time without prior notice. Any changes to the T&C will be uploaded onto our Website.
    • No exchange or cancellation of Exhibitor Virtual Booth(s) can be made under any circumstances and Virtual Booth(s) is/are non-transferable to any third parties.
    • No refund of DATA Asia Virtual 2021 Exhibitor Virtual Booth(s) can be made under any circumstances except cancellation or postponement of the event by the Organizer, due to strikes, blockade, war, revolutions, riots, natural disasters, failures of telecommunication services or the Internet, acts or omissions of third parties, or similar unforeseen events which are beyond the reasonable control of the Organizer (a “Force Majeure Event”).
    • A Booking Confirmation, and Payment Receipt will be sent to the Exhibitor’s registered e-mail once a successful purchase is confirmed. It is important that the Exhibitor provides the Organizer a valid email address to receive the Booking Confirmation and Payment Receipt successfully. The Organizer is not responsible for any non-delivery of the Booking Confirmation and Payment Receipt due to an incorrect email address provided.
  2. Exhibitor Packages
    • There are FIVE (5) types of Exhibitor Packages available for Exhibitor to subscribe from the Organizer to participate in the DATA Asia Virtual 2021. Details of the packages are listed in Table 1.
      • Table 1: Exhibitor Packages Details
        Exhibitor Package TERA GIGA MEGA BYTES STARTUP
        Price per Booth RM 5,000 RM 4,000 RM 3,000 FREE FREE
        Pre-Event Marketing & Promotion
        Website presence** 100 word bio, logo and link 50 word bio, logo and link Logo and link
        Co-branded Social Media Post 1 ads 1 post
        Logo appearance in every eDM
        Customized Co-branded eDM** 1 eDM
        Dedicated Web Banner on Event Microsite
        During Event On-Site Marketing
        Promo Video Played on loop in Main Conference Room 45 seconds 30 seconds 15 seconds
        Speaking Opportunity** 45 minutes 45 minutes

        * Limited slots with additional fees

        Banner Ads with Quick Access to booth in Exhibition Hall 1 visual * Limited slot with additional fees
        Banner Ads with Quick Access to booth in Lobby 1 visual
        Post Event Reporting
        Visitor Analytics Report
        Detailed Leads Report
        Exhibitor Booth Elements
        Virtual Booth Size Large Medium Small Small Small
        Visitor Pass 10 5 3
        Booth Promo Video 45 seconds 30 seconds 15 seconds
        Booth Promo Visuals 7 visuals 5 visuals 3 visuals 3 visuals 3 visuals
        Promotional Activities
         Business Card Collection & Business Matching
        Participation in Passport Program
        Booth Visitors Management Dashboard & Data Analytics
        Traffic announcement to attract visitors to booth Twice daily Once daily
    • For Tera, Giga, and Mega Exhibitor Packages, Exhibitor is given the option to purchase add-on features to their existing packages to fulfil their marketing needs. The pricing details of the add-on features are listed in Table 2.
      • Table 2: Add-on Packages Details for Tera, Giga, and Mega Exhibitor Packages
        Items Cost (MYR)
        Speaking opportunity (45 min speaking slot) RM2,000 / slot
        Footer banner ads buy on microsite RM300 / slot
        Additional banner ads with quick access to booth in exhibition hall RM200 / ads
        Additional promo video slot at main conference hall RM500 / slot
        Animation video production (up to 30 seconds) RM800 / video
        Creative visual production RM200 / slot
        Additional booth traffic announcement RM50 / announcement
        Customized booth 2.5D visual creation RM1,500 / booth
    • For Byte and Start-up Exhibitor Package, Exhibitor is given the option to purchase add-on features to their existing packages to fulfil their marketing needs. The pricing details of the add-on features are listed in Table 3.
      • Table 3: Add-on Packages Details for Byte and Start-up Exhibitor Packages

        Items Cost (MYR)
        To be purchase before event
        Website presence RM500 / link
        Co-branded Social Media Post RM100 / post
        Speaking opportunity (45 min speaking slot) RM2,000 / slot
        Footer banner ads buy on microsite RM500 / slot
        Banner ads with quick access to booth in exhibition hall RM400 / ads
        Promo video slot at main conference hall RM700 / slot
        Animation video production (up to 30 seconds) RM1,000 / video
        Creative visual production RM300 / slot
        Booth traffic announcement RM100 / announcement
        Customized booth 2.5D visual creation RM2,500 / booth
        To be purchase during / after event
        Visitor Analytics Report RM2,000
        Detailed Leads Report RM100 / leads
    • Exhibitor with Bytes Exhibitor Package is eligible to upgrade to Tera, Giga, or Mega Exhibitor Package by informing the Organizer latest by May 21st, 2021. Upgrade is not allowed after May 21st, 2021, however Exhibitor is still allowed to purchase add-on packages during the event and post the event.
  3. Payment Terms
    • The Registration Form on the website (www.data-asia.biz) is a binding agreement and cannot be cancelled.
    • 30% upfront payment of the selected Exhibitor Package, hereinafter referred to as “Booking Fee”, is required for booking confirmation. A booking is considered confirmed after the Organizer verified the Booking Fee has been successfully paid.
    • The Booking Fee is not refundable under any circumstances upon payment to the Organizer. In the event if the Exhibitor cancels the booking before DATA Asia Virtual 2021 event, the Exhibitor is not liable to pay the remaining 70% balance, however the Booking fee will not be refunded.
    • All bookings must be utilized for DATA Asia Virtual 2021 during the event duration of May 24th – May 30th, 2021. Unutilized bookings will be forfeit and not transferable to future DATA Asia Virtual Events.
    • An invoice shall be issued by the Organizer to the Exhibitor to process the payment and a Payment Receipt shall be issued by the Organizer to Exhibitor after the payment has been deposited successfully into the Organizer’s company bank account:
      • Bank: Alliance Bank Malaysia Berhad
      • Account Name: Virtualtech Frontier Sdn. Bhd.
      • Account Number: 120600010072980
    • The balance of 70% payment of the selected Exhibitor Package and additional add-on features charges must be paid latest by May 14th, 2021. The Organizer reserves the right to release all bookings and all payments already made shall be forfeited without further notification.
    • Exhibitors who have not paid in full before the event will not be allowed to access the DATA Asia Virtual 2021.
  4. Data Management
    • The Exhibitor hereby grants to the Organizer a non-exclusive license to [copy, reproduce, store, distribute, publish, export, adapt, edit, and translate] the Exhibitor Data to the extent reasonably required for the performance of the Organizer’s obligations and the exercise of the Organizer’s rights.
    • The Exhibitor warrants to the Organizer that the Exhibitor’s Data when used by the Organizer in accordance with this T&C will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute, or regulation in any countries.
    • Exhibitor Data that are provided to the Organizer voluntarily on the website (data-asia.biz) and other related channels may be processed for the following purposes:
      • to publish Exhibitor’s information during DATA Asia Virtual 2021 event duration;
      • to manage, verify and complete transactions with Exhibitor;
      • to direct market the Organizer’s events and/or services to Exhibitor;
      • to enable Exhibitor to participate in DATA Asia Virtual 2021;
      • to respond to Exhibitor’s requests or enquiries;
      • to send Exhibitor updates on news and event updates, rewards and promotions, special privileges and initiatives offered by DATA Asia Virtual 2021 and/or its partners, advertisers, and/or government agencies;
      • to comply with any regulatory, statutory, or legal obligation imposed on the Organizer by any relevant authority.
  5. Confidentiality / Mutual Non-Disclosure
    • “Disclosing Party” means the Party that discloses Confidential Information to the other Party for this MoU.
    • “Confidential Information” means non-public information in any form or medium (whether oral, written, electronic or other) that a Disclosing Party identifies (orally or in writing) as confidential or proprietary or, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential, including, but not limited to, information consisting of or relating to the Disclosing Party’s technology, trade secrets, know-how, business operations, plans, strategies, customers, clients, marketing, finances, pricing, prospective clients, intellectual property, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations.
    • If a Party receives Confidential Information from the other Party, the receiving Party will:
      • use at least the same degree of care to prevent unauthorized use and disclosure of such Confidential Information as that Party uses with respect to its own Confidential Information (but in no event less than a reasonable degree of care);
      • only use such Confidential Information in the exercise of its rights and performance of its obligations under this MoU; and
      • not disclose the Confidential Information to any third party except for employees and subcontractors with a need to know the Confidential Information to exercise the receiving Party’s rights and fulfil the receiving Party’s obligations hereunder, or the Party’s legal or financial advisors; provided that, prior to disclosure to an employee, subcontractor or legal or financial adviser, the intended recipient of the Confidential Information must enter into an agreement with the receiving party containing confidentiality restrictions no less protective than this MoU. All Confidential Information will be the sole and exclusive property of the Party providing the Confidential Information, and the receiving Party will not have any right, title or interest in or to the other Party’s Confidential Information.
  6. Limitation of Liability
    • In no event will either Party or any of its affiliates, or any of their respective officers, directors, employees, agents, members, shareholders, or subcontractors, be liable to the other Party or to any other person, whether under negligence or any other theory, for
      • any special indirect, consequential, or punitive money damages,
      • loss of profits or business, loss of commercial reputation or other economic loss, or
      • any other damages exceeding, in the aggregate for any and all claims, the amount of fees paid by the Organizer to the Technology Provider for the services in connection with which the claim or damages arose. Notwithstanding the foregoing, the limitations of liability hereunder shall not be applicable to the Organizer’s payment obligations
  7. Indemnification
    • Each Party agree to defend, indemnify, and hold the other Party and its officers, agents, and employees harmless from all claims, liabilities, damages, losses, causes of action, and/or costs and expenses (including reasonable attorneys’ fees) resulting from or arising out of its negligence or misconduct, or from its breach or default of this MoU. Each Party further agrees to indemnify and hold the other Party and its officers, agents, and employees harmless from any claim or assertion of any kind made directly or indirectly against the other Party or its affiliates that arises out of or relate to any evaluation or advice rendered by it; written or oral, tendered or declined with respect to employees or former employees in the performance of this MoU.
    • Each Party agrees to hold the other Party harmless and shall further indemnify, defend, and hold the other Party and its employees and agents, and its clients harmless from and against any claims, demands, loss, damage, or expense
      • resulting from their unlawful or fraudulent behaviour,
      • related to bodily injury or death of any person or damage to property resulting from their negligent or wilful acts or omissions, or
      • any claims asserted based on any deliverable or other materials delivered pursuant to services performed under this MoU that was prepared using appropriate professional standards based on material and information provided by the Organizer, including but not limited to: infringements of any copyright, patent, trade secret or other proprietary right of any third party.

IMPORTANT NOTE: If Exhibitor experiences difficulties or is unsure if the transaction is successful, please DO NOT repeat the order or perform another transaction. Kindly contact the Organizer immediately during Organizer’s operation hours.

Operation Hours:
Monday to Friday from 10:00 a.m. to 5:00 p.m.
Closed on Weekends and Public Holidays

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