This Client Service Agreement is made on the day the fee is paid between:
CS PROP SDN BHD (Co. No. 1109895X), a company incorporated in Malaysia with its principal place of business at A-10-02, Menara The Met, 20, Jalan Dutamas 2, 50480 Kuala Lumpur.
and;
The Client whose particulars are stated in Section 1 of Schedule 1.
PART (A) – CSI PROP CLIENT SERVICES
1. PREAMBLE
1.1 CS PROP Sdn Bhd (hereinafter referred to as “CSI PROP”) performs property market research and analysis based on a wide variety of public and private sources and provides consultation on property investment in relation to disposing, acquiring, renting, leasing, maintenance and management of real estate on behalf of its clients.
1.2 The Client acknowledges that the research data, reports, analysis, including but not limited to property suggestion and/or recommendations provided by CSI PROP are based upon the professional judgment and data and information collected by CSI PROP, and are subjected to general market movements, currency, economic, political and business risks and agrees to accept those risks. The Client shall perform their own due diligence and obtain professional advice from alternative sources. The Client shall retain absolute discretion over all of their investment decisions.
2. SCOPE OF SERVICES
Scope of services provided by CSI PROP are described in Section 2 of Schedule 1.
3. FEES AND PAYMENT SCHEDULE
3.1 CSI PROP Client Package Fee (“Fee”)
Upon execution of the Client Service Agreement, the Client shall pay the Fee as stated in Section 1 of Schedule 1. The scope of services and deliverables to be provided by CSI PROP are as stated in Clause 2 hereinabove.
3.2 GST & SST
All fees payable to CSI PROP are subject to the Sales & Services Tax (“SST”) or tax of similar nature which is currently fixed at 6%.
4. TERMINATION AND REFUND POLICY
4.1 No refund shall be provided once the Client has been given access to any project information, including, but not limited to, project information packs, briefing video, attended project briefings or Q&A webinar sessions.
4.2 In the event the Client breaches or caused to be breached any terms of the Non-Disclosure Clause (as per Clause 10 hereinafter), the Client hereby agrees and undertakes to compensate the agreed sum which CSI PROP reserves the absolute right to claim the Agreed Liquidated Damages as stated in Section 3 of Schedule 1 without limiting any right or remedy available to CSI PROP at law or in equity (which includes the right to claim damages and to specific performance) upon the termination of this Agreement.
4.3 Upon the termination of this Agreement, such shall absolutely determine and cease to be of further effect but without prejudice to any of the right of action by the party not in default against the defaulting party in respect of any antecedent breach by the defaulting party of the covenants herein contained and nothing herein contained shall prejudice any other rights or remedies which the party not in default may be entitled to at law or in equity
4.4 Notwithstanding the clauses herein, upon payment of a minimum 20% initial deposit and signing of the property purchase agreement with a developer introduced by CSI PROP’s associate Real Estate Agency/Negotiator, the Client may request for a 100% refund of the Fee. CSI PROP will process the refund within 90 days upon confirmation from the Real Estate Agency that the property purchase agreement has been fully executed.
5. TERMINATION
5.1 This Agreement may be terminated by either party at any time by providing the other party with thirty (30) days’ prior written notice.
5.2 This Agreement may be terminated by either party through written notice if the other party commits a material breach of any term or condition of this Agreement and fails to remedy the breach within fourteen (14) days from the date of receipt of a written notice to remedy the breach sent via registered mail.
5.3 This Agreement may be terminated by CSI PROP at its sole discretion with immediate effect by providing written notice to the Client upon the occurrence of any of the following events:
5.3.1 The Client is found to be involved in any fraudulent activity related to this Agreement, with substantial evidence supporting such allegations;
5.3.2 The Client becomes insolvent, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceedings under any bankruptcy or insolvency law, or winds up or liquidates its business voluntarily or otherwise;
5.3.3 The Client commits a material breach of any term or condition of this Agreement, and such breach is not capable of being remedied.
5.4 Upon termination or expiry of this Agreement, the Client shall have no further rights or claims under this Agreement except as expressly provided herein.
5.5 Any termination of this Agreement shall:
(a) Be without prejudice to any rights and remedies either party may have under
Malaysian law, including any breaches occurring before termination; and
(b) Not affect the enforcement of any provision in this Agreement that is
expressly or impliedly intended to survive termination.
5.6 The duty of confidentiality and non-disclosure on the Client’s part shall continue for a further two (2) years from the date of termination of this Agreement, or from the date of any refund approval, whichever is later.
6. INDEMNITY
The Client undertakes to defend, indemnify on a full indemnity basis, and hold CSI PROP harmless from all actions, suits, proceedings, claims, demands, costs, and expenses whatsoever that may be brought against, made upon, or incurred by CSI PROP arising out of the Client’s actions, obligations, or conduct under this Agreement. This indemnity shall not apply in cases where such liability, loss, or damage is solely caused by the negligence or default of CSI PROP or its employees.
7. CONFIDENTIALITY (DUTY OF NON-DISCLOSURE)
7.1 The parties agree and acknowledge that all data, materials, and information, in any format, relating to the Client shall at all times belong to CSI PROP and shall be treated as confidential by the Client. The Client further undertakes not to disclose any confidential information as outlined in Clause 8.5 below.
7.2 CSI PROP shall only process the Client’s Personal Data in accordance with the Personal Data Protection Act 2010 (PDPA 2010), the applicable regulations, guidelines, orders made under the PDPA 2010, and any statutory amendments or re-enactments made from time to time (collectively referred to as the “PDPA”), as well as this Agreement. CSI PROP shall not disclose the Client’s financial or other relevant information to unaffiliated third parties unless one of the following exceptions applies:
a. The Client’s prior written consent has been obtained;
b. The information is disclosed to persons CSI PROP believes to be the Client’s authorized representative, including legal advisors, accountants, or consultants;
c. The information is disclosed to any persons or service providers only to the extent necessary for CSI PROP to fulfill its obligations under this Agreement; or
d. The information is disclosed in limited circumstances where permitted or required by law.
7.3 The PDPA requires CSI PROP to inform the Client of their rights regarding the processing and collection of their Personal Data and the purposes for which it is used. CSI PROP is committed to protecting and safeguarding the Client’s Personal Data.
7.4 By providing Personal Data to CSI PROP, the Client acknowledges that they have read and understood this Agreement and agree to CSI PROP processing their Personal Data in accordance with its terms.
7.5 For the purposes of this Agreement, “Confidential Information” shall mean and
include:
All information relating to the Client; Real estate property details and specific information shared within CSI PROP events and groups, including but not limited to property developments or projects provided by real estate developers to CSI PROP and/or its related companies.
However, Confidential Information does not include information that:
(i) Is in the public domain or was publicly known or available prior to disclosure to the Client;
(ii) Was lawfully in the Client’s possession prior to disclosure by CSI PROP;
(iii) Becomes publicly known or available through authorized means, not due to any unauthorized act or omission by the Client; or
(iv) Is supplied to the Client by a third party with the legal right to do so.
PART (B) – GENERAL TERMS AND CONDITIONS
8. GENERAL
8.1 If any part of this Agreement is declared invalid or void, the remaining parts of this Agreement shall be effective and valid.
8.2 This Agreement shall be binding upon each of the Parties hereto and their respective successors in title and permitted assigns.
8.3 In the event the Client intends to enter into a legally binding agreement or contract with any third parties in any circumstances, including but not limited to the acquisition, purchase, sale and rental of a property, the Client shall seek appropriate independent professional legal advice and/or services before proceeding as such. The Client shall not hold CSI PROP liable for any losses which may be incurred through any legally binding agreement or contracts with third parties which the Client may enter into.
8.4 Notice in writing as above-stated refers to a letter sent by registered post and/or an
email to the email address specified in this Agreement.
8.5 Words imparting the singular number only shall include the plural and vice versa.
8.6 No failure or omission by either party to carry out or to observe any of the terms and conditions of this Agreement will give rise to any claim against the party in question or be deemed a breach of the Agreement if such failure or omission arises from any cause beyond the reasonable control of that party.
8.7 In entering into this Agreement the parties recognizes it is impracticable to make provisions for each and every contingency that may arise in the course of the performance thereof, whereby the parties hereto shall at all times exercise their rights, powers and discretions in good faith, fairness and without detriment to the interest of the parties hereto and shall use their best endeavors to support and implement all reasonable proposals or request by each other from time to time to ensure that full effect be given to the terms and conditions of this Agreement in the spirit in which it was agreed.
9. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of Malaysia.
10. COMPREHENSION OF AGREEMENT
The parties hereby agree and acknowledge that they have read and understood this Agreement and that they are bound by the provisions herein contained.
11. ASSIGNMENT & SUCCESSORS
The Client may not assign any of its rights and or obligations hereunder without the prior written consent of CSI PROP. This Agreement shall be binding upon and insure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns.
12. ENTIRE AGREEMENT
This Agreement embodies and constitutes the entire understanding among the parties with respect to the transactions contemplated by this Agreement, and all prior or contemporaneous agreements, understandings, representations and statements between the parties, oral or written are merged into and superseded by this Agreement.
13. MODIFICATION AND WAIVER
Neither this Agreement nor any of its provisions may be modified, amended, discharged or terminated except in writing signed by the party against which the enforcement of such modification, amendment, discharge or termination is sought, and then only to the extent set forth in such writing. No failure of a party to insist upon strict performance by the other party of any of the terms and conditions of this Agreement shall constitute or be deemed to be a waiver of any such term or condition, or constitute an amendment or waiver of any such term or provision by course of performance, and each party, notwithstanding any failure to insist upon strict performance, shall have the right thereafter to insist upon strict performance by the other party of any and all of the terms and conditions of this Agreement. Any party may, in its sole and absolute discretion, waive, only in writing, any condition set forth in this Agreement to such party’s obligations under this Agreement which is for the sole benefit of the waiving party, in which event the non-waiving party or parties shall be obligated to close the transaction upon all of the remaining terms and conditions of this Agreement.
14. NOTICES
Any notice required to be given or served unto or in connection with this Agreement shall be given to the other party to this Agreement at the address stated above or at such other address that may be notified to the other parties to this Agreement for such purposes.
15. SEVERABILITY
If any provision of this Agreement is declared by any court or arbitration panel of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement will not be affected and will remain in full force and effect.
SCHEDULE 1
| Section 1 | Fees and Payment Terms Our fees for the services outlined above will be a one-time fixed fee of £4,000 (Inclusive of SST and Administration Fee) and are non-refundable. Please note that this fee does not include the services of third parties to manage and let your property, opening tax accounts, lender/broker fees to secure a mortgage, or selling your properties. Note: Should the Client sign up for the package during events or webinars organized by CSI PROP and/or its subsidiaries, the special price offered during those events/webinars will apply. The fee shall be paid upon registration as a CSI PROP Client. |
| Section 2 | Scope of Services As part of this engagement, CSI PROP will provide the following services: 1. Strategic Game Plan Development a. Develop a tailored, actionable strategy to optimize and grow your property portfolio. b. Identify key opportunities for expansion, cost-efficiency, and risk management aligned with your investment objectives. 2. Property Portfolio Review a. Conduct a review of your UK property portfolio. b. Assess the performance of each property in light of current market conditions, rental income, and long-term potential. 3. Rent, Sell, or Refinance Analysis a. Provide an analysis of the options available to maximize the returns from your portfolio, including renting, selling, or refinancing properties. b. Offer recommendations based on your financial goals, market trends, and potential outcomes of each option. 4. Financial Screening a. Perform a financial screening for the Client and any nominated investment partners, based on the provided financial information and supporting documents. b. The Client will receive a report outlining their estimated loan options/eligibility. c. In the event that the Client fails to submit the required documentation within 21 days from the commencement of this agreement, CSI PROP reserves the right to conduct the financial screening using publicly available credit data from authorized databases (including, but not limited to, CTOS). d. The scope of services will be deemed complete once the Client has received the financial screening results. Timeline The initial analysis is expected to be completed within 4-6 weeks from the commencement of the engagement. |
| Section 3 | Agreed Liquidated Damages In the event of a breach of the obligation of non-disclosure by the Client, CSI PROP shall charge the Agreed Liquidated Damages of a maximum of RM10,000.00 (Ringgit Malaysia Ten Thousand Only). |
Personal Data Protection Policy & Consent Form
(Pursuant to Personal Data Protection Act 2010)
At CS PROP SDN. BHD. (Co. No.1109895X) (“CSI PROP”), and our subsidiaries, we are committed to protecting your privacy in accordance with the Personal Data Protection Act 2010 of Malaysia (“PDPA”).
This Policy explains:
• the type of personal data we collect and how we collect it
• how we use your personal data
• the parties that we disclose the personal data to; and
• the choices we offer, including how to access and update your personal data.
Personal Data We May Collect from You
We may collect the following personal data about you:
• personal information to establish your identity and background such as your full name, passport or identity card number, nationality and religion
• contact information such as billing address, telephone number, mobile phone number, fax number and email address
• payment information such as your debit or credit card information, including the name of cardholder, card number, billing address, expiry date and other bank account details
• sensitive information such as your racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership.
We do not generally collect sensitive information unless it is necessary due to exceptional circumstances to serve you better and meet your particular needs
• recording of your photograph during any of our corporate events or third-party open day
• recording of calls placed by you to our customer services
• function or post when you commence a business relationship with us
• resume or CVs when you apply job with us
For general web browsing, although no personal data is revealed to us, certain technical and statistical information is available to us via our internet service provider such as cookies, your IP address, the time, date and duration of your visit. If you provide us with any personal data relating to a third party (e.g. information of your spouse, children, parents, and/or employees), by submitting such personal data to us, you represent to us that you have obtained the consent of the third party to provide us with their personal data for the purposes as listed below.
How We Collect Your Personal Data
We may collect personal data either from you, from your authorized representatives, from third parties, or from publicly available sources which may include (but is not limited to):
• when you register for our services (for example when you submit an application form to become our client)
• when you contact us in person, by a phone call or over the counter (for example when you contact us for any enquiries, complaints, comments or feedbacks, we may keep record of that correspondences)
• when you participate in any surveys, webinars, seminars, questionnaires, competitions, contests, offers, or promotions done internally or via an appointed third party
• when you commence a business relationship with us (for example, as a service provider, or business partner, or as a client)
• when you attend any of our corporate events or third-party open day
• when you visit or browse our websites
• when you apply job with us
• when you interact with us via social media or interactive applications including but not limited to Facebook, Twitter, and Instagram
• when we collect information about you from third parties we dealt with or are connected with you (payment collector, housing developer, credit reporting agencies or financial institutions)
• from such other sources where you have given your consent for the disclosure of personal data relating to you, and/or where otherwise lawfully permitted.
Use of Personal Data Collected
You agree that we may use your personal data where permitted by applicable law and for the following purposes:
• to verify your identity
• to manage and maintain your account or contract with us
• to notify you about benefits and changes to the services, if any
• to provide and improve our services to you including billing for services, and facilitating payments
• to carry out your instructions or to respond to any enquiries, complaints, comments or feedbacks that you have submitted to us
• to protect or enforce our rights to recover any debt owing to us, if any
• to compile information for analysis and in reports for relevant regulatory authorities
• to transfer or assign our rights, interests and obligations under any of your agreements with us
• to update, consolidate and improve the accuracy of our records
• to administer competitions, contests, offers, or promotions
With Whom We Share Your Personal Data
As a part of providing you with our services and the management or operation of the same, we may be required or need to disclose information about you to the following third parties:
• federal or state government
• law enforcement agencies
• government agencies
• our regulator
• companies or organisations that act as our agents, contractors, service providers or professional consultant
• companies or organisations that assist us in processing and/or otherwise fulfilling transactions and providing you with services that you have requested
• our business associates and other parties for purposes that are related to the purpose of collecting and using your personal data
• other parties in respect of whom you have given your express or implied consent
• any credit reporting agencies or in the event of default, any debt collection agencies subject 15 to the permitted law applicable to us.
If Personal Data Provided by You Is Incomplete
Where indicated in our application or registration forms manually or electronically, it is
obligatory to provide your personal data to us to enable us to process your application
for our services. Should you fail to provide complete and obligatory personal data, we
may not be able to process your application or provide you with our services.
Your Rights to Access and Correct Your Personal Data
We can assist you to access and correct your personal data held by us. Where you wish to have access to your personal data in our possession, or where you are of the opinion that such personal data held by us is inaccurate, incomplete, misleading or not up-to-date, you may make a request to us via our Data Access Request Form or Data Correction Request Form respectively.
These forms are available at our office and business premises and our website, however your access may be subject to fees to meet our costs.
How Long We Will Keep Your Personal Data
We will retain your personal data in compliance with this Policy and/or the terms and conditions of your agreement(s) with us or our subsidiaries for the duration of your relationship with us, for such period as may be necessary to protect the interests of CSI PROP or its subsidiaries and/or its customers as may be deemed necessary, where otherwise required by the law and/or where required by CSI PROP’s or its subsidiaries’s relevant policies.
How We Protect and Safeguard Your Personal Data
We endeavour to take all reasonable steps to protect your personal data and keep your personal data secured. This includes following our security procedures (like checking your identity when you call us). Our site may link to other websites and we are not responsible for their data policies, procedures or their content.
Transfer of Your Personal Data Outside Malaysia
Any personal data, which you volunteer to us, will be treated with the highest standards of security strictly in accordance with the PDPA 2010. It may be necessary for us to transfer your personal data outside Malaysia if any of our service providers or business partners are involved in providing part of a service located in countries outside Malaysia. You consent to us transferring your personal data outside Malaysia in these instances. We shall take reasonable steps to ensure that any such service providers or business partners are contractually bound not to use your personal data for any reason other than to provide the services they are contracted by us to provide and to adequately safeguard your personal data.
Your Consent
By submitting your personal data, you consent to the use of that personal data as set out in this Policy. If we change our Policy, we will publish the amended version on this page. But you can email or write to us to ask for a copy. Continued use of the service will signify that you agree to any such changes.
Our Contact Details
CSI PROP or its subsidiaries is committed to protecting your personal data. If you have questions or comments about CSI PROP’s administration of personal data, please contact us at A-10-02, Menara The Met, 20, Jalan Dutamas 2, 50480 Kuala Lumpur, Malaysia.
If you have any questions, comments or suggestions regarding this Policy, we would be glad to hear from you. Please contact our Data Protection Officer at kavinah@csiprop.com.