This Rental Agreement sets out the terms and conditions of renting laptop(s) at rental.smarter.com.my, operated and owned by Smarter Computer Sdn Bhd. This agreement is legally binding between you (hereinafter referred to as “the Customer”) and Smarter Computer Sdn Bhd (Company No. 889472-U) (hereinafter referred to as “the Firm”), effective on the “ rental effective date” stipulated in your Refundable Deposit Invoice (RDI).

By clicking the “agree” checkbox, the Customer indicates that he/she has read, understood and agreed to be bound by this Agreement unconditionally.

Please read and understand this Agreement carefully before continuing to use the products and services. If there is any doubt of this Agreement, please contact the Firm before continuing to use the products and services.

The Firm reserves the right and discretion to modify, vary, amend or update this Agreement. An updated version of this Agreement shall be effective upon posting on the website and replaced the former agreement. The Customer is responsible to review this agreement regularly and stay informed with the revised Agreement. The customer’s continued use of the products and services imply silent acquiescence to the revised Agreement. If the Customer does not agree to the subsequent amendments or updates, the Customer shall contact the Firm for a resolution or terminate this Agreement in accordance with Clause 12.

The Firm will issue the Customer a Refundable Deposit Invoice(RDI) for deposit payment. The Refundable Deposit Invoice(RDI) shall be kept as a reference for the purpose and specification of this Agreement and for the purpose of the refund policy and back to centre hardware services.

This Agreement is subject to the following terms and conditions.

1. The Firm agrees to rent and the Customer agrees to accept the Rental Equipment specified in the Refundable Deposit Invoice(RDI) (hereinafter called "the Equipment") at the monthly rental and period stated in the Refundable Deposit Invoice(RDI) and subject to the terms and conditions set out hereinafter.

2. This Rental Agreement shall commence on the “Rental Effective Date” stated in the Refundable Deposit Invoice(RDI) provided that the Equipment has been delivered to the Customer by the Firm and shall continue for the rental period stated in the Refundable Deposit Invoice(RDI) to be issued to the customers.

3. During the continuance of this Agreement, neither party can cancel or terminate this Agreement except as expressly provided herein. This Agreement shall be renewed automatically on yearly basis upon the expiry date. The customer shall communicate non-continuation of this agreement by selecting the “Not Renew” option upon expiry of the term(Rental End Date) as stated in the Refundable Deposit Invoice(RDI) .

4. The Customer shall pay the monthly rental on the due date each month according to the Customer’s subscription plan set out in the Refundable Deposit Invoice (RDI), the payment of which is an essential condition and fundamental term of this agreement. The Customer's liability to pay the rental shall continue notwithstanding any breakdown or loss of or damage to the equipment which is the default of the Customer.

5. Without prejudice to the Firm’s rights, the firm reserves the right to charge the Customer an interest at the rate of RM10 per month or 12% per annum on the outstanding rental any other sum or monies payable hereunder, whichever is higher.

6. This Agreement cannot be assigned without the written consent of the Firm; provided however that Firm will not unreasonably withhold consent to an assignment of this Agreement by the Customer to a third party where:-

    a) The credit status of the third party is acceptable to the Firm, and

    b) The transport of the equipment to the third party's premises is carried out by the Firm at the expense of the Customer, payable in advance.

7. The Firm may, without the Customer's consent, transfer pledge or establish a mortgage or charge on the Equipment.

8. Throughout subsistence of the Agreement, the Customer shall:-

    a) keep the said Equipment in good and substantial repair and conditions (fair wear and tear only excepted);

    b) use the said Equipment in a proper manner and in accordance to the instructions set out in the manual of the said Equipment and/or that given by the Firm, its agents or representatives.

    d) pay for the service, adjustments, replacement and/or repair of the said Equipment as defined in Clause 8(a) hereof at the rates then currently charged by the Firm;

    e) permit the Firm or any person authorized by the Firm at all reasonable times to enter the premises of the Customer or any third party in which the said Equipment is for the time being placed or kept for the purpose of inspecting, servicing and/or repairing the same after giving the Customer or such third party at least 2 hours notice.

    f) not make or permit any unauthorized alterations to the said Equipment or any parts thereof, including any SSN/serial number/service tag thereon;

    g) keep the said Equipment at the address registered in the Customer’s User Account at Smarter Rental Website and shall not sell, let or otherwise dispose of the said Equipment nor part with the possession of the same;

    h) keep the said Equipment free from any charge or encumbrances, lien distress, execution or other legal process;

    i) pay the Firm all expenses (including legal costs on a full indemnity basis) incurred by or on behalf of the Firm in ascertaining the whereabouts of or repossessing the said Equipment and any sums due under this agreement and cost of any legal proceedings taken by or on behalf of the Firm in the enforcement of the provisions of this Agreement.

    j) the Customer shall bear the entire risk of loss, any damage including damage by natural disasters, flood or fire, destruction or theft of the Equipment or part thereof and in the event of the same, the Customer's obligation under this Agreement shall not be relieved. From the Rental Agreement effective date the Customer will insure and keep insured the Equipment against loss, theft or damage.

9. Throughout subsistence of this Agreement,

    a) the Firm will provide service, inspection, adjustment and/or repairs to the said Equipment during its normal working hours (currently from 9.00 a.m. to 6.00 p.m. from Mondays to Fridays and from 9.00 a.m. to 1.00 p.m. on Saturdays, except for general and local Public Holidays) and shall provide replacement parts to the said Equipment without any further charge, only if it is failure of the rented hardware, PROVIDED ALWAYS the Customer shall be liable to pay to the Firm for the costs of any repairs, adjustments or replacement made to the said Equipment caused by any willful acts or omission or negligence of the Customer in the use of the said Equipment, including but not limiting to the use of supplies (including output print  material) or ancillary parts not approved by the Firm;

       b) provide replacement Equipment in the event that fault of said Equipment cannot be rectified after 72 hours.

10. The Equipment shall at all times remain the property of the Firm. The Customer shall have no right title or interest therein or thereto except as expressly set forth in the Agreement. The Customer shall bear all costs and expenses incurred by the Firm in removing any impediment, infringement or jeopardy to the Firm's title to the Equipment.

11. The Firm may at any time terminate this Agreement and repossess the Equipment without prior notice or demand if any of the following event occurs:-

    a) the Customer is in breach of this Agreement by failing to pay the rent hereof or is guilty of non-observance or non-performance of all or any of the provisions of this Agreement, or

    b) Suspension, discontinuance of business for a continuous period of seven (7) working days or bankruptcy, dissolution or winding up of the Customer, or

    c) the Customer entering into any compromise arrangement composition with its creditors or any assignment for the benefit of such creditors, or 

    d) any judgement against the Customer shall remain unsatisfied for more than fourteen (14) days, or

    e) the Customer abandons or delivers up the Equipment before the expiry date.

12. Upon premature termination of this Agreement pursuant to Clause 11, the Customer shall pay to the Firm the aggregate of the following amounts:-

    a) all cost and expenses thereby incurred by the Firm including any costs in relation to termination of this Agreement and repossession of the Equipment and/or collecting any sums due under this agreement;

    b) the total rent due and owing at the time of such termination;

    c) all late payment charges pursuant to Clause 8;

    d) the 30% of remaining unbilled monthly rental payment over the term of the Agreement(rental period) and those due but unpaid prior to the date of such premature termination;

    e) all legal costs incurred by the Firm on a full indemnity basis.

13. Any notice, demand, summons, writ or any legal documents required to be given by either party or its authorized agents or solicitors to the other party hereunder shall be validly given if served personally on the other party or sent by prepaid (registered) post (or by recorded delivery service) addressed to or left at the address of the other party as stated hereinbefore or to or at the other party's last known address and shall if sent by post be conclusively deemed to have been received by the other party forty-eight hours after the time of posting.

14. No liability shall attach to the Firm either in contract or in tort for loss, injury or damage sustained by the Customer or by any third party by reason of any defect in the Equipment whether such defect be latent or apparent on examination and the Firm shall not be liable to indemnify the Customer in respect of any claim made against the Customer by third party for any such loss, injury or damage.

15. The Customer shall be entitled to terminate this agreement forthwith if the Firm,

    a) is in breach of or fails to observe or perform any of the terms and conditions of this Agreement and has failed to remedy such failure within thirty (30) days after receipt of a notice from the Customer to that effect;

    b) suspends discontinues or threatens suspension or discontinuance of business or becomes insolvent or makes an assignment for the benefit of creditors or a receiver or similar office is appointed to take charge of all or part of the Firm’s assets and such condition(s) have continued for thirty (30) days.

16. Upon termination of this Agreement specified in Clause 15 hereof;

    a) Either party shall not be entitled to sue the other except for antecedent breach of the terms and conditions of this Agreement; and    

    b) The Firm shall not be liable to the customer for any incidental or  consequential loss including but not limited to any loss of anticipated income in the form of interest income or damages for, on account of, or arising from termination of this Agreement.

17. The Customer may prior to the expiry of the term (Rental End Date) of this Agreement terminate this Agreement and deliver back the rental equipment for verification. Upon termination, the Firm is entitled to the 30% of remaining unbilled monthly rental payment over the rental period stated in the Refundable Deposit Invoice(RDI) and forfeit the Deposit as liquidated damages and the cost of repair or replacement of damaged part for the Equipment (if any) upon repossession shall be borne by the Customer. Failed to follow the term, Smarter Computer Sdn Bhd reserves the right to take action toward the overdue amount which may include the listing of Credit Reporting Agency.

18. The Firm agrees to provide service free of charge to the Customer under subsection (a), any additional service requested by the Customer is chargeable by the Firm under subsection (b).

    a) Standard service covered and free of charge include free delivery for the first time, “Back to Service Centre” service, repair, exchange, service cover only renting hardware & parts related issue, free labor charges for parts exchange, unlimited online support on rented computer hardware issue

    b) Additional Services not covered and chargeable include any part or hardware not under rental (router, printer, copier, cctv,…), any 3rd party software which user self-installed on the rented computer, network/ Internet/ Internet Service Provider (ISP) issue in customer premise, any services/ labor charge not related rental parts exchange (install 3rd party software,  accounting software, email problem, etc)

19. Any repair work required by the Customer will be carried out by the Firm on the next working day after the request made by the Customer provided that the next working day is not a Sunday or Public Holiday.

20. The Firm hereby declares that it shall not be responsible for the loss or destroy of the Customer’s information or data kept in the Equipment.

21. The Customer is fully responsible for the licensing of any software installed in the Equipment.

22. If the Equipment is infected by a virus, it is the responsibility of the Customer to remove the virus and if the virus causes damage to the Equipment, the cost of repair or replacement of the Equipment shall be borne by the Customer.

23. During the continuance of this Agreement, if the Equipment is damaged by the Customer, the Customer shall pay to the Firm the cost equivalent to the Firm’s selling price of the Equipment and upon payment this Agreement shall continue. However, if the Customer fails to pay the cost within fourteen (14) days after being notified by the Firm, the Firm may terminate this Agreement and upon termination the Deposit is forfeited and the Customer is further liable to pay for the cost of the Equipment equivalent to the selling price of the Firm, the rental for the remaining term up to the rental end date as stated in the Refundable Deposit Invoice(RDI) or the 30% of remaining unbilled monthly rental payment up to the rental end date as stated in the Refundable Deposit Invoice(RDI) if the Customer provide the Firm with reasonable evidence such as police report supporting the loss or damage of the rental equipment, late payment interest and any other monies payable under this Agreement.

24. In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions will remain in force in accordance with the Parties’ intention.