GIGAICON™ International Ltd, The Villa, Lot U0965, Jalan Jumidar Buyong, 87000 FT Labuan Malaysia
(hereinafter referred to as “Contractor”)
1. scope of application
The following General Terms and Conditions, in the version valid at the time the contract is concluded, apply to all contracts between the Contractor and the Customer. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract unless their validity has been expressly agreed in writing. The customer’s reference to the customer’s terms and conditions in the form is contradicted.
In addition, these General Terms and Conditions only regulate the framework of the contractual relationship between the Contractor and its customers. The details of a specific project, such as in particular the services to be rendered by the contractor as well as the remuneration and terms of payment, are set out in the project contract (main contract) which is drawn up between the contractor and the customer in the event of a business transaction.
2. subject matter of the contract
The Contractor shall provide comprehensive consultancy and support services for the development of a cannabis producing company in South East Asia. The contractor’s services cover the following areas:
– Licensing and Planning of the whole project
– regulatory compliance
– Operational Management
– Branding and Marketing
– Equipment Fulfillment
– Design and Buildout
– Cultivation Advisory
– Cannabis Service (We help you with international exports as well as finding the right customers.)
– Security and Tech
– Fund and Capital raising
The Contractor shall offer its customers its complete, aforementioned service portfolio for contracts in accordance with these General Terms and Conditions.
3. cooperation and exchange
The success of the project requires close cooperation between the contractor and the customer. Both parties declare their unrestricted willingness within the framework of the legal provisions to mutual consideration, comprehensive information, precautionary warning against risks and protection against disruptive influences from third parties.
Nevertheless, in contracts under these General Terms and Conditions, only services are exchanged between the parties. This does not constitute a corporate relationship between the contractor and the customer.
The Contractor may engage subcontractors to render its services if this is necessary for the performance of its services or if there are no overall aspects from which a threat to the essential interests of the Customer is evident.
The parties undertake to maintain the strictest secrecy with regard to all confidential information which they come to know in connection with a contract in accordance with these General Terms and Conditions, in particular business or trade secrets of the other party, and neither to pass these on nor to exploit them in any other way. This applies to any unauthorized third parties, i.e. also to unauthorized employees of both the contractor and the customer, insofar as the disclosure of information is not necessary for the proper fulfilment of the contractual obligations. In case of doubt, the respective party is obliged to ask the other party for consent before passing on the information. Furthermore, the obligation to comply with the relevant data protection provisions shall apply.
Confidential Information” means any information communicated or made available by either Party to the other Party in connection with this Agreement, whether in written, oral, visual or electronic form (including software and related documentation), which is identified as “Confidential” (or the confidential nature of which results from the circumstances).
Confidential information shall not include information that: (a) one party has lawfully acquired the information from a third party who was not bound to secrecy by the other party, and such third party has not obtained the information through a breach of security, (b) one party has independently developed the information without recourse to or use of confidential information, or (c) is or has become publicly known through no fault or action of either party.
The Contractor undertakes to agree with all employees employed by it in connection with the performance of the Contract a provision identical in content to this Clause.
The Parties agree to provide each other with timely and comprehensive information on any planned publications concerning joint projects in order to ensure that their respective interests are safeguarded. In the case of publications, trademarks and copyright notices used by both parties must be observed.
7. data protection
The Contractor is aware that within the scope of its work performance it will have access to customer- or personnel-related data of the Institute. This data is subject to data protection regulations.
The contractor therefore undertakes to instruct all persons involved in his sphere of activity that the data mentioned are subject to data protection and are to be kept confidential. In particular, the Contractor shall draw attention to the criminal consequences of a breach of data protection. In this respect, the Contractor shall comply with the provisions of the relevant data protection laws.
In addition, the Contractor shall take all reasonable precautions to prevent unauthorised access by third parties to corresponding data within its sphere of activity. Upon request, the Contractor shall prove the corresponding measures to the Institute.
8. Third party property rights
The Contractor warrants that its services are free from third-party rights and that their contractual use does not infringe patents, licenses or other industrial property rights of third parties. The contractor shall defend the customer at first request against all claims asserted due to the infringement of such third-party rights.
The contracting parties are mutually obliged to inform each other immediately in writing if claims are asserted against them for infringement of industrial property rights in connection with the contractual deliveries and services.
9. final provisions
All legal transactions with the contractor shall be governed by the applicable law of the State of Malaysia. If this law refers to foreign legal systems, such references shall be ineffective. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
Amendments and supplements to this agreement must be made in writing, whereby this clause itself can only be waived in writing.
Should parts of this agreement be or become invalid, the remaining parts of this agreement shall remain unaffected. Both parties undertake to replace the invalid clause with a valid clause which comes as close as possible to the economic purpose of the invalid part.