Version 2 / Last Revision Date: 15 Sep 2026
By subscribing to, accessing, activating, or using Jom BMS and/or any related services provided by Jom System Sdn. Bhd. (“Jom System”), the Merchant acknowledges that it has read, understood, and agrees to be legally bound by this Jom BMS Service Agreement, including any schedules, policies, or terms referenced herein (collectively, the “Terms”).
(a) “Confidential Information” means any information that is not available to the general public and that is obtained from the other party in the course of, or in connection with, the provision or use of the Service. Our confidential information includes Intellectual Property owned by us (or our licensors), including the Jom System Software. Your confidential information includes the data.
(b) “Data” means all photos, data, content, and information (including Personal Information) owned, held, used, provided or created by you or on your behalf that is stored in, used, or inputted into, the Service, including the Purchaser’s data.
(c) “Fee” means, collectively, the Subscription Fee.
(d) “Intellectual Property Rights” includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered, registrable and unregistered trade and service marks, rights in logos, designs and design rights, circuit layouts, data and databases, confidential information, trade secret, know-how, all rights of whatsoever nature in computer software and data, all rights of privacy and intangible rights and privileges of a nature similar or allied to any of the foregoing, and all other rights resulting from intellectual activity, in every case in any part of the world and whether or not registered (and including all granted registrations and all applications for registration in respect of any of the same). “Intellectual Property” has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
(e) “Merchant” means the person accessing or using the Service, and where the person is a body corporate or entity other than an individual, the person accessing or using the Service on behalf of the body corporate or entity is an authorized representative of the such body corporate or entity.
(f) “Personal Information” means information about an identifiable, living person. This includes but is not limited to name, nationality, telephone number, bank and credit card details, personal interests, email address, image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information.
(g) “Jom System Subscription Fee” means the charges imposed by Jom System for the utilization of its Business Management System and related services.
(h) “Jom BMS” means the provision of a Business Management System and having the core functionalities described on the Website at www.Jom BMS.com, as updated from time to time.
(i) “Terms” means these terms titled Jom System Merchant Terms of Use together with the Merchant Privacy Policy.
(j) “Third Party Providers” means the independent third parties who provide the relevant solutions to you through the Service.
(k) “Website” means the internet site at jomsystem.com.
(l) “Force Majeure” includes acts of God, strikes, lockout, quarantine, epidemics, pandemics, state of war, war, blockades, revolutions, riots, insurrections, lightning, fire, storm, floods, earthquakes, explosions, embargoes, restriction of movement, power outage, breakdown of internet service, government restraint or regulation and any other cause whether of the kind specifically referred to in this definition or otherwise which is not reasonably within the control of a party rendering the performance of these Terms or the Service illegal, impossible or impracticable including an event arising from a lack of funds.
For the duration of this Agreement, Jom System shall use commercially reasonable efforts to provide ongoing technical support and assistance for Jom BMS in response to issues, errors, or defects reported by the Merchant through the designated support channels.
Such support shall include responding to enquiries, troubleshooting reported issues, and deploying fixes or updates where appropriate to maintain the normal operation of Jom BMS. Jom System does not guarantee that all issues will be resolved within a specific timeframe and shall not be liable for any interruption, defect, or error beyond its reasonable control.
Where a reported issue is attributable to the Merchant’s use of an unsupported version, configuration, or environment, Jom System may require the Merchant to upgrade or modify its usage as a condition to providing support.
Subject to the Subscription Term, Jom System shall provide up to a maximum of five (5) customised reports based on the Merchant’s business requirements. Any additional report customisation shall be subject to additional charges.
Jom System shall provide training sessions to the Merchant’s staff members to facilitate the proper use of Jom BMS. Such training shall cover basic system operations, product management, and reporting functionalities.
Where applicable and subject to technical feasibility, Jom System shall use reasonable efforts to assist the Merchant in migrating data from the Merchant’s existing system to Jom BMS. Data migration may include, but is not limited to, customer records, inventory data, and transaction history. The Merchant acknowledges that data migration assistance does not include data cleansing, verification, or correction, and Jom System shall not be responsible for inaccuracies arising from source data provided by the Merchant.
The Merchant may, at any time during the Subscription Term, request an upgrade to a higher Subscription Plan by contacting Jom System through the designated support or sales channels.
Upon such request, the upgraded Subscription Plan shall take effect upon activation by Jom System, and the Merchant agrees to pay the applicable fees and charges for the upgraded Subscription Plan at Jom System’s prevailing rates.
Unless otherwise agreed in writing, any plan upgrade shall apply immediately and the Merchant shall be liable for the upgrade fees for the remainder of the current billing period or Subscription Term, as applicable.
Jom System shall provide Merchant with 9 hours a day (9am-6pm), 5 days a week (monday-friday) except public holiday technical support for Jom BMS. Jom System will use commercially reasonable efforts to answer questions and resolve any problems related to Jom BMS.
Jom BMS is offered under the following subscription plans, namely Standard, Plus, and Premium, each of which includes specific usage entitlements and limitations as set out below or as otherwise communicated by Jom System in writing.
The Merchant’s applicable subscription plan shall be as specified in the quotation, order form, invoice, or other written confirmation issued by Jom System at the time of subscription or renewal.
Under the Standard Subscription Plan, the Merchant shall be entitled to:
(a) manage one (1) company;
(b) use Jom BMS with three (3) users;
(c) manage one (1) branch;
(d) manage one thousand (1,000) SKUs;
(e) 1 GB file storage;
(f) 200 email quota; and
(g) one (1) complementary training
Any use of Jom BMS in excess of the limits set out above shall constitute a deviation from the Standard Subscription Plan and shall result in an automatic upgrade to the next applicable Subscription Plan, with the corresponding fees becoming payable for the remainder of the Subscription Term.
Under the Plus Subscription Plan, the Merchant shall be entitled to:
(a) manage up to three (3) companies;
(b) use Jom BMS with unlimited users;
(c) manage up to five (5) branches;
(d) manage five thousand (5,000) SKUs;
(e) 5 GB file storage;
(f) 1,000 email quota; and
(g) one (1) complementary training
Any use of Jom BMS in excess of the limits set out above shall constitute a deviation from the Plus Subscription Plan and shall result in an automatic upgrade to the next applicable Subscription Plan, with the corresponding fees becoming payable for the remainder of the Subscription Term.
Under the Premium Subscription Plan, the Merchant shall be entitled to:
(a) manage up to five (5) companies;
(b) use Jom BMS with unlimited users;
(c) manage up to twenty (20) branches;
(d) manage unlimited SKUs;
(e) 10 GB file storage;
(f) 5,000 email quota; and
(g) one (1) complementary training
Where the Merchant’s usage exceeds thresholds designated by Jom System as enterprise or high-volume usage, including but not limited to operating more than twenty (20) branches, Jom System reserves the right to require the Merchant to enter into a custom or enterprise pricing arrangement, subject to separate agreement.
Where, during the Subscription Term, the Merchant exceeds the usage limits applicable to its subscribed plan, the Merchant agrees that the subscription may be automatically upgraded to the appropriate plan and that the Merchant shall pay the adjusted subscription fees applicable to such upgraded plan, calculated at Jom System’s prevailing rates, for the remainder of the Subscription Term.
The Subscription Fees shall be based on the Subscription Plan selected by the Merchant and specified at Jom BMS checkout or in the applicable quotation, order form, or written confirmation issued by Jom System.
Any volume-based or discounted pricing shall apply only while the Merchant satisfies the applicable qualifying conditions. Where those conditions are no longer met, Jom System may apply the standard rate in the subsequent billing cycle.
The following services are available as optional add-ons and are charged separately from the Subscription Fee:
(a) Merchant setup assistance;
(b) Payment gateway integration;
(c) Delivery platform integration; and
(d) Additional training beyond the complimentary training included in the applicable Subscription Plan.
Charges shall be determined according to the Merchant’s requirements and scope of work and quoted separately by Jom System. Each quotation shall specify the applicable fees, whether one-time or recurring, and payment terms.
Jom System shall proceed with an add-on service only after the Merchant accepts the quotation in writing.
Where an add-on involves a third-party system, Jom System shall not be responsible for the availability, performance, interruption, modification, or discontinuation of that third-party system.
Where the Merchant’s usage exceeds the limits of its Subscription Plan, including the applicable branch limits, the plan adjustment provisions in Clause 3 shall apply.
Any applicable additional Subscription Fees shall be calculated for the remainder of the relevant billing period or Subscription Term, as applicable.
The Merchant shall pay the first monthly Subscription Fee through Jom BMS website. Subscription activation is subject to confirmation of successful payment.
Unless the Merchant has given notice of termination in accordance with Clause 6, Jom System shall issue an invoice for each subsequent monthly subscription period, together with a payment link, to the Merchant’s registered billing email address.
All invoices shall be payable within seven (7) days from the invoice date. Jom System may, at its discretion, grant a grace period extending up to fourteen (14) days from the invoice date, during which access to Jom BMS may continue.
A payment is considered completed upon confirmation of successful payment by Jom System or its designated payment provider.
All payments shall be made in full, without set-off, counterclaim, deduction, or withholding, except as required by applicable law.
Any amount remaining unpaid after the applicable payment deadline or any granted grace period shall constitute an outstanding amount. Without prejudice to its other rights under this Agreement, Jom System may suspend, restrict, or terminate access to Jom BMS until all outstanding amounts are paid in full.
Failure to pay a renewal invoice does not constitute notice of termination. The Merchant must give notice in accordance with Clause 6. This clause is subject to the Merchant’s rights under the thirty-day money-back guarantee in Clause 4.6.
The Merchant may cancel its initial subscription and request a full refund of its first Subscription Fee payment by giving written notice to Jom System within five (5) calendar days from the date of subscription activation.
Upon receiving a request within this period, Jom System shall cancel the subscription and refund the first Subscription Fee payment in full, without administrative deductions.
This guarantee applies only to the first Subscription Fee payment and does not apply to subsequent renewal payments. Optional add-on charges are separate from the Subscription Fee and shall be governed by the accepted quotation.
Cancellation under this guarantee shall not attract an early termination charge under Clause 6.2 and shall not be subject to the fourteen-day notice requirement in Clause 6.6.
All Subscription Fees and add-on charges are exclusive of applicable taxes unless expressly stated otherwise at checkout or in the applicable quotation or invoice.
The Merchant shall be responsible for applicable taxes arising from the Services, except taxes imposed on Jom System’s income.
The Merchant agrees to:
(a) pay all Subscription Fees, and other applicable fees in accordance with this Agreement and the applicable billing terms;
(b) promptly notify Jom System of any change in usage, including but not limited to an increase in the number of branches, which may affect the applicable Subscription Plan or fees;
(c) use Jom BMS strictly in accordance with this Agreement, all applicable laws and regulations, and any usage guidelines or documentation provided by Jom System;
(d) ensure that all information provided to Jom System is accurate, complete, and kept up to date, including business, branch, and contact information;
(e) appoint and maintain at least one authorised contact person for the duration of this Agreement, who shall be responsible for communications with Jom System in relation to Jom BMS;
(f) not interfere with, modify, reverse engineer, decompile, or attempt to circumvent any technical or security measures implemented in Jom BMS.
(g) take all reasonable measures to safeguard user accounts, login credentials, passwords, and access rights, including implementing strong password practices and restricting access to authorised users only;
(h) be fully responsible for all activities carried out through its accounts, whether authorised or unauthorised, unless caused by Jom System’s gross negligence or wilful misconduct;
(i) immediately notify Jom System upon becoming aware of any unauthorised access, security breach, or suspected misuse of Jom BMS.
(j) except as expressly stated in this Agreement, Jom System shall not be responsible for any loss, corruption, or unauthorised disclosure of data resulting from the Merchant’s acts or omissions.
6.1 This Agreement shall remain in force for the Subscription Period specified in the quotation, invoice, or other written confirmation issued by Jom System or, unless terminated earlier in accordance with the provisions of this Clause.
6.2 In the event the Merchant terminates or attempts to terminate the Agreement at any time before the expiration of the Subscription Period, then and in such an event the Merchant shall forthwith pay to Jom System a sum equal to the Subscription Fee for the whole of the Subscription Period, additional fee and charges (including taxes) as the case may be, but without prejudice to such other rights, powers and remedies which Jom System may have against Merchant for any loss or damage as may be incurred or suffered by Jom System for any antecedent breaches by Merchant.
6.3 Jom System may, at its sole discretion, terminate this Agreement by providing Merchant with written notice of termination no later than two (2) weeks before the next billing date. Such termination shall take effect on the upcoming billing date, upon which this Agreement shall automatically terminate and Merchant’s access to the Service shall cease.
6.4 Jom System may, by written notice of termination, immediately terminate this Agreement and suspend the Merchant access to the Service if:
(a) Merchant breaches any provision of this Agreement and fails to rectify the breach within ten (10) days after receiving written notice to do so;
(b) Jom System discovers any unlawful or unauthorized use of the Branding App or Jom BMS by the Merchant;
(c) Jom System discovers any unauthorized modification, tampering, or reverse engineering of any part of the Branding App or Jom BMS by the Merchant;
(d) Merchant fail or refuse to pay Subscription Fees;
(e) the breach is, in Jom System’s view, not capable of being remedied; or
(f) Merchant becomes insolvent, liquidated, or bankrupt, or is subject to any form of receivership, administration, judicial management, or external insolvency process, or ceases or threatens to cease business operations for any reason.
6.5 Except as expressly set forth otherwise in this Agreement, upon termination of this Agreement the licenses and rights granted herein shall be immediately terminated and Merchant shall immediately cease using the Service, Jom BMS, Branding App and any Jom System’s Confidential Information regardless whether the exist any disputes between the Merchant and Jom System.
6.6 Monthly subscriptions shall continue for successive monthly periods unless the Merchant gives written notice of termination at least fourteen (14) days before the next billing date.
If timely notice is received, the subscription shall end upon expiry of the current paid subscription period, and no renewal invoice shall be issued for the following period.
Otherwise, Jom System shall issue the next monthly renewal invoice together with a payment link. The Merchant must complete payment manually. Continuation of the subscription does not authorise automatic card charging or account deduction.
This clause is subject to the thirty-day money-back guarantee in Clause 4.6.
Subject to the Merchant’s continued compliance with this Agreement and payment of all applicable fees, Jom System grants the Merchant a limited, non-exclusive, non-transferable, non-sublicensable, and royalty free license to access and use Jom BMS (and, where applicable, the Branding App) solely for the Merchant’s internal business operations during the Subscription Term.
The license granted under this Agreement does not confer any ownership rights in Jom BMS or any related software, source code, object code, documentation, or intellectual property. All rights not expressly granted to the Merchant are reserved by Jom System.
The Merchant shall not, and shall not permit any third party to:
(a) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble Jom BMS or any part thereof;
(b) access or attempt to access the source code of Jom BMS;
(c) use Jom BMS in excess of the applicable Subscription Plan, branch limits, or usage restrictions;
(d) provide access to Jom BMS to any third party other than authorised users acting on behalf of the Merchant; or
(e) use Jom BMS in a manner that is unlawful, abusive, or in violation of this Agreement.
Jom System reserves the right to implement technical, administrative, or automated measures to verify compliance with the applicable Subscription Plan, usage limits, and license terms.
Upon expiry or termination of this Agreement for any reason, the license granted under this clause shall automatically and immediately terminate, and the Merchant shall immediately cease all use of Jom BMS regardless of whether any dispute exists between the parties.
To the maximum extent permitted by applicable law, the total aggregate liability of Jom System, whether arising in contract, tort (including negligence), strict liability, or otherwise, shall not exceed fifty percent (50%) of the total Subscription Fees actually paid by the Merchant to Jom System during the twelve (12) months immediately preceding the event giving rise to the claim. Multiple claims shall not enlarge this limitation.
In no event shall Jom System be liable for any indirect, incidental, special, exemplary, or consequential damages, including but not limited to loss of revenue, loss of profits, loss of business, loss of data, loss of goodwill, business interruption, or loss of anticipated savings, arising out of or in connection with this Agreement, even if Jom System has been advised of the possibility of such damages, or if any remedy otherwise fails of its essential purpose.
The parties acknowledge that the Merchant’s database may contain Personal Data, for which the Merchant acts as the data controller and Jom System acts as the data processor under applicable data protection laws, including the Personal Data Protection Act 2010; Jom System shall process such Personal Data solely as necessary to provide Jom BMS and the Services and only in accordance with the Merchant’s instructions, unless otherwise required by law, in which case Jom System shall, to the extent permitted by law, notify the Merchant; Jom System shall ensure that all authorised personnel are bound by confidentiality obligations and shall implement reasonable technical and organisational measures to protect Personal Data against unauthorised or unlawful processing, loss, disclosure, alteration, or destruction; Jom System shall promptly notify the Merchant upon becoming aware of any confirmed unauthorised access to or loss of Personal Data; upon termination or expiry of this Agreement, Jom System shall, subject to applicable law and the Merchant’s written instructions, return or delete the Merchant’s Personal Data or retain such data only where legally required; and the Merchant warrants that it has obtained all necessary consents and legal rights to provide such Personal Data for processing under this Agreement.
All rights, title, and interest, including all intellectual property rights, in and to Jom BMS, the Branding App, the Services, and any related software, source code, object code, architecture, databases, documentation, enhancements, updates, customisations, configurations, designs, trademarks, logos, and know-how (collectively, the “Jom System IP”) shall remain the exclusive property of Jom System or its licensors.
Nothing in this Agreement shall be construed as transferring or assigning any ownership rights in the Jom System IP to the Merchant. The Merchant is granted only a limited right to access and use Jom BMS and the Services in accordance with the terms of this Agreement.
Any feedback, suggestions, ideas, or recommendations provided by the Merchant relating to Jom BMS or the Services may be used by Jom System without restriction and without obligation to compensate the Merchant, and shall not confer any intellectual property rights on the Merchant.
The Merchant retains ownership of its own data and content uploaded to Jom BMS; however, the Merchant grants Jom System a non-exclusive, royalty-free, worldwide licence to host, process, and use such data solely for the purpose of providing the Services in accordance with this Agreement.
All rights not expressly granted to the Merchant under this Agreement are expressly reserved by Jom System.
All information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally, in writing, or in any other form, that is identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure, shall be treated as Confidential Information.
Confidential Information includes, without limitation, information relating to the business, operations, products, services, developments, trade secrets, know-how, personnel, customers, and suppliers of either party.
The Receiving Party shall protect all Confidential Information received during the Term of this Agreement using the same degree of care it applies to its own confidential information, and in any event no less than reasonable care.
The Receiving Party may disclose Confidential Information only to the extent required by applicable law or regulation, provided that, to the extent permitted by law, the Receiving Party gives the Disclosing Party prior written notice of such required disclosure.
Except where notified otherwise in writing, each party grants the other a non-transferable, non-exclusive, royalty free, worldwide license to reproduce and display the other party’s name, logos and trademarks, solely for the purpose of referring to the other party as a customer or supplier, on websites, press releases and other marketing materials.
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make previously owed payments to the other Party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) reasonable control, including, without limitation, the force majeure events (“Force Majeure”) that frustrates the purpose of this Agreement.
14.1 This Agreement constitutes the complete and exclusive agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous communications, representations, negotiations, or arrangements, whether written or oral. The headings used in this Agreement are for convenience only and shall not affect its interpretation or construction. This Agreement shall be deemed accepted and legally binding upon the Merchant by subscribing to, accessing, activating, paying for, or using Jom BMS, and no physical or electronic signature shall be required for its validity or enforceability. Each Party acknowledges that it has not relied on any representation, warranty, or statement not expressly set out in this Agreement. Each Party further acknowledges that it has had the opportunity to review this Agreement and to seek independent legal advice prior to acceptance. Accordingly, no rule of construction or interpretation that disfavors the party drafting this Agreement shall apply, and this Agreement shall be interpreted in accordance with the fair and ordinary meaning of its terms.
14.2 Except as otherwise permitted by this Agreement, no change to its Terms will be effective unless it is in writing and signed by persons authorised on behalf of both Parties.
Except as otherwise herein provided, the rights and obligations under this Agreement shall not be transferable or assignable by either Party without the prior written consent of the other Party.
Nothing in this agreement is intended to or shall operate to create a partnership between the Parties, or authorise either Party to act as agent for the other, and neither Party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Time, wherever mentioned in this Agreement, shall be of the essence.
Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
This Agreement will be construed in accordance with and governed by the laws of Malaysia and each Party agrees to submit to the non-exclusive jurisdiction of the courts of Malaysia.
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