PDC AGENCY
TERMS & CONDITIONS
The Application & Agreement, Policies, Payment, Cancelation, Collection, Web Design & Procedures and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms & Conditions, form the Agreement between:
Pages Dot Com (“Company”) (hereinafter referred to as ‘PDC’) and the Independent Sales Representative. They shall be effective only upon acceptance by the Company, at its principal office:
Pages Dot Com 34-B Jalan Mutiara Melaka 2, Mutiara Melaka, 75350 Melaka, Malaysia.
Independent Sales Representative HEREBY AGREES AND UNDERTAKES THAT:-
1. Independent Sales Representative is of legal age in the state/province or country in which he/she resides.
2. Any Independent Sales Representative who sponsors another Independent Sales Representative or receives a Cash Back or Bonus or Commission on the sales of another Independent Sales Representative must fulfil the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of a product or service to the ultimate consumer and in the training of those personally sponsored. Independent Sales Representative must have ongoing contact, communication and arrangement with his or her sales organization. which may include, but not limited to: email, newsletters, correspondence, meetings, telephone contact, accompanying individuals to company training sessions and sharing genealogy information with those sponsored. Independent Sales Representative should be able to provide evidence to the Company of ongoing fulfilment of sponsor responsibilities.
3. Independent Sales Representative understands that he/she is not compensated for sponsoring other Independent Sales Representatives but earns compensation solely on the sale of products and/or services to ultimate consumers.
4. Applicant is, upon acceptance, an “Independent Contractor”, hereinafter Independent Sales Representative, conducting business for her/his own account and not as an agent, employee, or franchisee for the Company. All Independent Sales Representatives should consult their legal advisor or tax accountant for information on monies earned and where received. The Independent Sales Representative further understands that he/she will not be treated as an employee in regard to any laws covering employees. An Independent Contractor shall be responsible for obtaining all licenses required by law in whatever State, County or Country in which they reside, and pay all applicable fees and taxes.
5. Independent Sales Representative agrees to accept the sole responsibility for all self-employment and all legal country/federal and state and local income and sales taxes and any other taxes on income earned as an Independent Sales Representative.
6. Independent Sales Representative agrees that the Company is not be liable for city, state, local and country/federal income taxes, sales taxes or other fees pertaining to sales and earnings of a Independent Sales Representative and Independent Sales Representative will hold the company harmless from all of same.
7. Independent Sales Representative SHALL NOT promote or sell other companies’ sales programs, products, services or Company functions on websites where Company is mentioned, or use the Company forms or printed materials or its name, prestige, or drawing power in conjunction with or in support of any other activities.
8. Independent Sales Representative shall not sponsor or attempt to sponsor another Company Independent Sales Representative into another Direct Sales and/or Network Marketing Company except for her/his personally sponsored Independent Sales Representatives. In addition, no Independent Sales Representative shall participate in any action that causes an Independent Sales Representative to be sponsored through someone else into another company.
9. Independent Sales Representative will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only.
10. Independent Sales Representative will not make any claims of any kind pertaining to the benefits of the company’s products and services except those given in official company promotional media. When presenting the Company program to others, Independent Sales Representative shall present the program in its entirety, without omission, distortion or misrepresentation.
11. Independent Sales Representative shall not represent or imply, directly or indirectly, that the company has been approved or endorsed by any governmental agency. (Federal and State regulatory agencies do not approve or endorse any marketing company product or programs.)
12. Independent Sales Representative will indemnify and hold the company harmless from any and all claims, expenses, costs, causes of action and damages resulting from or growing out of Independent Sales Representative statements or actions in violation of this agreement.
13. Should Independent Sales Representative be terminated for cause, Independent Sales Representative’s sales organization may be transferred to his/her first active upline Independent Sales Representative at Company’s sole discretion.
14. I understand that I will not purchase products, program or services solely for qualification for a higher position, bonus or commissions.
15. The terminated Independent Sales Representative will be eligible to reapply and may choose a new sponsor after one (1) months. A terminated Independent Sales Representative that reenters the program may not sponsor any of her/his original downline organization.
16. Independent Sales Representative understands that Company does not permit changing of sponsors. Network Marketing is a business of creating relationships. Once an Independent Sales Representative is sponsored, the Company believes in maximum protection of that relationship.
17. Independent Sales Representative hereby supplies PDC with his/her signature for Company files and understands that this signature is the signature of record for all debit card, ACH and any future credit card transactions.
18. Independent Sales Representative understands that Company will provide Independent Sales Representative use of Web Page, when available as part of Company BUSINESS KIT. Company will deliver all Company BUSINESS KIT items upon receipt of good funds.
19. As an Independent Contractor, Independent Sales Representative is aware of the contractual obligations that occur when she/he purchases products or services from Company. Independent Sales Representative understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Independent Sales Representative than when ordering as a customer. Independent Sales Representative therefore waives the right of cancellation or refund on any order placed on his/her credit card account(s) except directly through the Company. Any order returns, refunds or exchanges shall be done through Company and not through any credit card company.
20. In the event that any cheque (monies) by any method is returned unpaid, I authorize PDC to debit my account for the face amount plus up to a 10% failed payment processing fee. If said amount remains unpaid, I understand that I could lose my current status and that until my account is brought current I could forfeit certain rights and privileges, including commissions.
21. Independent Sales Representative understands that Malaysia residents that all income / cash back/ bonus are subject to personal income tax as per LHDN rules and regulation.
22. Company will pay Independent Sales Representative cash back and commissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Independent Sales Representative and his/her sales organization under the terms of Compensation Plan.
23. Company will retain full authority to accept or reject any Application or any order for products and services. Such refusal is solely within the discretion of the Company. No right of action against Company will arise because of any such acceptance or refusal.
24. Company reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, this Agreement and the Compensation Plan. Any such revisions become effective by email, letter(s) or by publication in official company literature or posted to Independent Sales Representative at his or her last known address. Independent Sales Representative agrees to be bound by these changes. Changes will become part of the agreement upon notification. The Distributor Compensation Plan and Policies and Procedures, and all modifications thereafter, are incorporated into and are a part of this agreement.
25. Company shall not be responsible for acts beyond its control, including but, not limited to: fire, flood, earthquake, storms, power outages, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
26. Company assumes no liability for personal injury arising from use or mishandling of any of the Company services and product(s).
27. Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that Independent Sales Representative has violated any term or condition of this agreement or has otherwise acted illegally or unethically.
28. Company requires that all Independent Sales Representative obey the letter and the spirit of the law.
29. I have not violated any non-competition, non-compete, non-solicitation, or confidentiality agreement entered into with any other organization or entity, and by becoming an Independent Sales Representative for PDC will not be violating any agreement or contract, including non-competition, non-compete, non-solicitation entered in with any other organization.
30. I approached PDC, or any other PDC Independent Sales Representative, employee, or affiliate, about becoming a PDC distributor and requested to become a PDC distributor. PDC or any PDC Independent Sales Representative or any employees, agents, managers, members, or affiliates, has approached or solicited the undersigned about becoming a PDC Independent Sales Representative.
WEBSITE DESIGN:
We will make every effort to ensure that the design of the website and any other work done by us is error free; however, PDC will accept any responsibility for losses incurred because of malfunction of the website or any part of it. PDC will be the rightful owner of the web server, website, graphics, content, and any programming code until the Client pays all outstanding accounts in full, failing to do so may result loss of use of website. Any work done by PDC will remain our property and copyright of PDC, unless otherwise agreed, and may be resold or commercially reproduced only with the permission of PDC.
PDC will not be liable for any copyright infringements that are caused due to materials submitted by the client.
Any additions to the brief where PDC makes no charge will be done at the sole discretion of PDC and for such additions PDC will not accept any responsibility to ensure that such additions are error free. We reserve the right to charge the Client accordingly for any correction to these additions or for further additions.
PDC will not be responsible for any loss of earnings, compensation or costs incurred due to any work carried out by the Client, on behalf of the Client, or by any third-party agents appointed by the Client.
PDC is not liable for loss of earnings, compensation or costs incurred because of the unavailability of the website, servers, software or other material provided by its agents.
COPYRIGHT:
PDC owns or has the license to or otherwise permitted by law to use the trade marks, copyright and intellectual property rights of the site and its content including (but not limited to) the website design, graphics, text, source codes and all software connected with the website.
Using this websites, you are agreeing to access the content only for your personal and non-commercial use home use. You cannot download, copy, transmit, reproduce, store, distribute or sell the content without the prior and written consent of PDC.
DISCLAIMERS AND LIMITATION OF LIABILITY:
The website of PDC is provided on an “AS AVAILABLE” and “AS IS” basis. PDC, to the extent permitted by the law, is not responsible for any direct, indirect consequential damage or loss (including but not limited to loss of business, data, opportunity and/ or profit) caused due to the use of the website.
PDC does not warranty that the website’s functionality will be error free or uninterrupted, that defects will be rectified and/ or that the website or server making it available are free of any virus or anything else that can be destructive or harmful.
CANCELLATION & REFUND POLICY:
All amounts owed by the client to PDC for Services rendered prior to the verified cancellation date must be paid in full. There will be no prorating for partial months throughout the Agreement. Due to account security and privacy concerns, all billing related questions and cancellation requests MUST be made in writing or via email.
Cancellation requests will only be processed if made by the initial authorising party and if received in writing. There will be no refunds of any deposit monies for any cancellation requests.
Any cancellations done after the cooling-off period by the client, for any reason, will lead to a full payment of the agreed price and immediate termination of the contract, unless otherwise mutually agreed between PDC and the Client.
PAYMENT:
Client agrees to pay PDC the service fee, for any Program or Service Client enrols in, pursuant to the terms of the Payment Plan Client selected, including without limitation, all applicable taxes, if any, in accordance with the billing terms in effect at the time the service fee becomes payable. Client expressly understands, acknowledges and hereby authorizes PDC to automatically charge Client’s credit card or debit Client’s bank account once a month or one time as per the Program requirement.
Client will be charged as soon as they sign up and acknowledge of invoice . PDC also reserves the right to pursue alternative means of payment up to and including debt collection services, CTOS listing, website announcement/notice and customer shall be liable for all collection costs, including without limitation, legal fees.
PAYMENT COLLECTION:
As PDC provides a bill-through service for sponsored listings, the company takes a significant credit risk for each and every Client. Therefore, the Client is responsible to maintain an active and valid payment method on file at all times. If for any reason, Client’s payment method is not available, PDC reserves the right to immediately without prior notice and temporarily turn off the website (with or without public notice of payment), pay-per-click ads, sponsored listings and ongoing or then current production, reporting, or support Services being provided to account. If the payment is not received, PDC reserves the right to terminate the Agreement in full and retain ownership of the web site, or other Services until such time the account has been paid in full. All Term Commitment Terminations will result in an escalation of all fees owed under the Terms of the Agreement. Many clients maintain multiple forms of payment on file to prevent this from occurring. Representations and Warranties Client represents, warrants and covenants that (i) Client has sufficient authority to enter into the Agreement; (ii) Client is a business, not a consumer, and that Client’s use of PDC services is solely for lawful commercial and business purposes; (iii) Client has the necessary rights to provide all information provided under the Agreement for use as described in the Agreement.
AGREEMENT TO THE POLICY:
You should be aware that by submitting any kind of personal details to our website, you indicate your acceptance to the terms given above. In case of any queries or concerns you are always free to contact us for further assistance.
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