TERMS AND CONDITIONS OF USE AND SERVICE

1.1 Acceptance of Terms

This Master Terms and Conditions Agreement (“Agreement”) governs access to and use of websites, learning management systems, software applications, and professional training services operated by ATCEN Group (“ATCEN”, “we”, “us”, or “our”). By browsing the site, enrolling in a training program, or subscribing to pay-to-use software products, you (“User”, “Client”, or “Customer”) agree to be legally bound by these terms. If acting on behalf of a corporate entity, you warrant that you possess full legal authority to bind that entity.

1.2 Services Scope & SaaS Licensing

ATCEN provides executive corporate training, customized workshops, digital toolkits, and proprietary Software-as-a-Service (SaaS) applications. ATCEN grants User a non-exclusive, non-transferable, revocable, limited license to access SaaS platforms solely for internal business or personal professional development, strictly subject to active paid subscriptions.

1.3 Acceptable Use Policy (AUP) & Account Security

Users are responsible for safeguarding login credentials. Users expressly agree NOT to:

Reverse Engineering & Copying: Decompile, reverse engineer, copy, mirror, or extract source code, training content, or proprietary software architectures.
Scraping & Technical Abuse: Utilize automated scrapers, bots, data mining scripts, exceed API rate limits, or bypass system concurrency throttles.
Unauthorized Credential Sharing: Distribute user accounts, LMS access passcodes, or software licenses beyond allocated paid user seats.
Security Disruptions: Upload malicious software, execute security vulnerabilities probes, or disrupt server/network infrastructure. ATCEN reserves the right to immediately suspend access upon detecting threat activity or billing default.

1.4 Intellectual Property Rights & Recording Restrictions

All training courseware, presentation slides, software interfaces, documentation, logos, and methodology remain the exclusive intellectual property of ATCEN or its licensors. Digital downloads are licensed under a non-transferable, single-user internal license and do not constitute an assignment of copyright.

Delegates and clients are strictly prohibited from conducting audio, video, or digital screen recording of physical or virtual training sessions without prior express written authorization from ATCEN. Recording Restrictions:

1.5 Fees, Payment Default Interest & License Audits

Fees are payable in advance or as stipulated in official invoices. SaaS subscriptions auto-renew per selected billing cycles unless written notice of cancellation is provided 30 days prior.

Invoices not paid within agreed terms shall accrue interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, calculated daily from the due date until paid in full. ATCEN reserves the right to immediately suspend access to ALL software platforms, cancel pending training seat reservations, and withhold attendance certificates or grant documentation while any account balance remains overdue.

Default Interest & Cross-Platform Suspension:

ATCEN reserves the right to audit software usage metrics remotely to ensure compliance with paid seat tiers. Unbilled active users will be subject to retroactive back-billing.License Audits:

1.6 Limitation of Liability, Indemnification & Performance Disclaimer

To the maximum extent permitted by applicable law, ATCEN’s total cumulative aggregate liability for any and all claims, losses, or damages arising out of or related to these terms, services, or software shall be strictly capped at the actual fees paid by Customer for the specific training program event or software subscription term giving rise to the claim (or the preceding 12 months, whichever amount is lower). Specific Fee Liability Cap:

All training materials, workshops, e-learning courses, and software outputs are provided strictly for educational, informational, and operational support purposes. ATCEN makes no express or implied representations or warranties regarding specific business performance, revenue growth, or return on investment (ROI) resulting from the use of its services or software. Professional & ROI Disclaimer:

User/Client agrees to indemnify, defend, and hold harmless ATCEN, its directors, employees, and trainers against any third-party claims, liabilities, damages, or costs (including legal fees) arising from Client’s breach of this Agreement, misuse of SaaS platforms, or infringement of third-party rights. Customer Indemnification:

1.7 Corporate Client Obligations (In-House Seminars)

For on-site/in-house training sessions, the Client is responsible for supplying functional audiovisual equipment, internet access, and suitable facilities. Delays or disruptions caused by Client facility non-readiness shall not qualify for fee reductions or refunds.

1.8 Publicity Rights

Unless requested otherwise in writing, Client grants ATCEN a non-exclusive, royalty-free license to use Client’s corporate name and logo solely on ATCEN’s website and marketing materials to identify Client as a customer or partner.

1.9 Dispute Resolution, Governing Law & Jurisdiction

This Agreement is governed by the laws of Malaysia. In the event of any dispute, the parties shall first attempt in good faith to resolve the matter through executive-level negotiations within thirty (30) days of written notice before initiating court proceedings in the courts of Malaysia.

1.10 Order of Precedence, Severability & Entire Agreement

In the event of any conflict, ambiguity, or inconsistency between this Agreement and any Client-issued Purchase Order, vendor agreement, or secondary documentation, the terms of this Agreement shall strictly prevail and control unless explicitly varied in a written amendment signed by an authorized Director of ATCEN. Order of Precedence:

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force. This document constitutes the entire agreement between the parties regarding website, training, and software usage, superseding prior understandings. Severability & Integration: