Company Incorporation
These Terms govern your use of the company incorporation services and materials provided by Centry Digital Sdn. Bhd. (“Incorporation Services”) (or referred to as “us”, “our”, “we”). Please read these Terms carefully.
By accessing and using the Incorporation Services, you agree that you have read, understood and accepted the Terms, including any additional terms and conditions and any policy referenced herein, available on the services and materials or available by hyperlink (“Client”). If you do not agree or fall within the Terms, please do not use our Services.
We reserve our right, at our discretion, to change, modify, add, or remove part or parts of these Terms at any time and any such change, modification, addition or deletion shall be effective upon its posting at *centry.digital (“Website”). PLEASE CHECK these Terms periodically for changes. Your continued use of our Services following the posting of changes to these Terms will mean you accept those changes.
1. Definitions and Interpretations
1.1
By clicking “Subscribe”, You unconditionally acknowledge and agree that:
1.1.1
you have read and understood this Terms;
1.1.2
you are of legal age to enter into a binding agreement; and
1.1.3
you are legally bound by this Terms.
2. Placing an order
2.1
When you place an order for any service or product for company incorporation using the online facilities or tools provided on the Website, you make an offer to purchase the
Company Incorporation service or product inclusive of the
Company Secretarial service in accordance with this Terms (“Order”).
2.2
When you place an Order, you will receive a message via an email from us acknowledging that we have received and are reviewing your Order.
2.3
Your Order constitutes an offer to us to purchase our service or product and is subject to acceptance by us, in our sole and absolute discretion. We will confirm such acceptance of the Order by sending you a message via an email confirming our acceptance.
2.4
Each Order, once accepted by us, becomes a service contract and shall immediately constitute a separate and independent binding contract between you and us, incorporating this Terms.
2.5
We reserve the right to decline or refuse any such requests in our sole and absolute discretion without providing a reason.
3. Client’s Responsibility
3.1
By submitting an Order to us, you expressly represent and warrant that:
3.1.1
you are legally entitled to accept and agree to this Terms;
3.1.2
you are at least eighteen (18) years old;
3.1.3
you are duly authorised to submit the Order; and
3.1.4
you intend to enter into a legally binding contract with us if we accept your Order
3.2
Without limiting the generality of the foregoing, the services are not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship.
4. price and payment
4.1
When you make an online payment to us for any service or product, your payment is processed by our secure third-party payment gateway provider. The payment gateway provider will store your banking, e-wallet or debit/credit card details securely, without us having access to the details. Our systems only retain details of the last 4 digits of your card or bank account number for reference purposes. The last 4 digits are recorded in the finance section of your registered account.
4.2
The processing of payments or credit, if applicable, in connection with your use of the Website is subject to the terms and conditions and the privacy policy of the payment gateway provider and your financial institution, e-wallet or debit/credit card company. We are not responsible for any errors made by the payment gateway provider. In connection with your use of the services, we will receive certain transaction details that we will use exclusively in line with our Privacy Policy.
4.3
We will not be liable for any loss or damage, including theft or fraud, arising directly or indirectly from:
4.3.1
our failure or omission to protect your personal data from being seen by other persons or otherwise obtained by other persons when you enter your payment details online;
4.3.2
your failure to provide accurate information in the course of the online payment process; or
4.3.3
any other reasons in connection with the specified mode of payment.
4.4
The services provided by us to you are charged in Ringgit Malaysia (MYR). Payment received means when money is confirmed as having been deposited in our bank account as cleared funds.
4.5
The prices shown on our Website are exclusive of sale and services tax (“SST”), government filing fees and stamp duty. The total purchase price, including SST and any other filing fees and stamp duty, will be displayed in your shopping cart prior to confirming the order. For government filing fees and stamp duty, we shall process all payments made by you by acting on your behalf. All prices are payable immediately.
4.6
You remain liable for the payment of the applicable taxes and you shall pay all our invoices, where applicable, in full, free of any withholding and/or deductions for applicable taxes and bank charges.
4.7
We reserve the right to change, modify or update the prices and fees on our Website and to change, or withdraw any service or product at any time, and such changes or modifications shall be posted on the Website and be effective immediately.
4.8
Every effort is made to ensure that the prices are correct, but in the event of serious error, any transaction shall be voidable by us and you would then be entitled to a full refund.
5. Information Given to Companies Commission of Malaysia (“CCM”)
5.1
When you place an Order with us, you are authorising us to give information to CCM so that they can incorporate a new company or update an existing company’s records. Where necessary, this will include personal information relating to the directors, shareholders and partners that you provide to us. If you are acting as an agent/representative for a third party, you undertake to comply with Clause 3.1.2 of this Terms.
5.2
You undertake to ensure that all relevant information provided to us which are to be submitted to the CCM:
5.2.1
are provided in a pro-active, responsive and/or timely manner; and
5.2.2
are correct, complete and not misleading;
5.3
If there are changes to the information to be provided to the CCM, you shall notify us immediately.
5.4
We process your orders on the basis that you have given us full and proper instructions and, if ordering on behalf of a third party, that you are authorised to place the order. When you place an order with us you are giving us the authority to lawfully process your instructions.
6. Processing and Delivery Time
6.1
We provide an online company/LLP incorporation service for different types of companies/LLP in Malaysia. Forming a private company limited by shares or an LLP requires the submission of information to CCM, which you provide to us through our Website. It is your responsibility to ensure that the information provided is correct. We do not accept any liability for errors or omission in the information provided to CCM based on the information provided by you.
6.2
We do not accept any liability of whatever nature, if your application for the incorporation of a company or the registration of a LLP is rejected by CCM because it includes the appointment of a person or persons that do not meet the legal requirements.
6.3
When you select a name for your company/LLP registration, we warrant only that we will make an application to CCM for the registration of that name. We do not warrant that CCM will accept it.
6.4
We will submit your applications to CCM using CCM’s electronic filing system (MyCOID for company and MyLLP for LLP). If you have completed our application forms correctly, provided all the information required and if the proposed name of the company/LLP is not already in use, CCM will normally complete your application within 3 business days to 2 weeks. All company/LLP incorporation is completed by and subject to CCM’s operating systems. Delay may arise due to CCM’s systems failure or other circumstances beyond our control including the provision of incorrect information to us when placing the order. We do not accept liability for any losses or damages arising from a delay in completing your order due to reason not caused by us.
6.5
A copy of the certificate of incorporation, notice of registration and the share certificate (if applicable) will be sent to your last email address submitted to us. Should you request for additional documents not included in our subscription package, we shall charge you for the additional fees incurred to obtain such documents. If you request for such documents to be sent by post, we cannot guarantee such documents will arrive to you within a specified period especially since this is subject to the delivery and courier companies’ delivery times.
7. pre-submission review
We will review your company/LLP incorporation form prior to submission to CCM to ensure that your company/LLP incorporation form is submitted without any obvious errors so that the incorporation of your company/LLP is done without unnecessary delays. It will also ensure that you do not unknowingly make any potentially expensive mistakes. The review does not include a review of documents you upload to our Website or the spelling of officers’, partners’ and shareholders’ names or the accuracy of their identification numbers. You are responsible to ensure the accuracy and completeness of information and documents you submit and the proper spelling of the individuals’ and entities’ names or the accuracy of their identification numbers.
8. limitations of Company incorporation services
8.1
Our Incorporation Services do not include any of the following in respect of any of the packages and products we offer for sale on our Website:
8.1.1
accountancy advisory services;
8.1.2
tax advisory services;
8.1.5
advice regarding the suitability or adequacy of any company/LLP you intend to set up for your intended purposes;
8.1.6
any services offered by the third party service providers or strategic partners listed on our Website; and
8.1.7
any other services not expressly mentioned.
8.2
We strongly recommend that you seek independent advice before registering a company/LLP through us. If you have not yet taken such advice, we would advise you to not proceed with any purchase until you have done so.
10. PDPA and Retention of Records
As an essential part of our work, we may required to collect information from you and others acting on behalf of the Client. Kindly refer to our Personal Data Protection Policy for Information on how we collect, store and process your personal data (see our Privacy Policy at
www.centry.digital/policies/privacy-policy. We reserve full rights to destroy any correspondence and documents, original or photocopy, after seven (7) years, and any retention of records beyond seven (7) shall be requested In writing by the Client.
11. Regulatory Requirements and Ethical Guidelines
We reserve the right to disclose our files to regulatory bodies in the exercise of their powers. We are bound by the ethical guidelines of the relevant professional institute and accept instructions to act for you on the basis that we will act in accordance with those ethical guidelines.
12. Notice
All notices shall be by way of email to the other parties’ designated email via the last email address you have submitted to us.
Last updated: 1 October 2022 (Version 1.0)
