Terms and Conditions

BY ACCESSING OR USING ANY SERVICES YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND ANY ACCOMPANYING RISKS AND OBLIGATIONS.

These terms & conditions (these “Terms”) are between: 

(1) Sleek Tech Pte Ltd, a company incorporated under the laws of Singapore, with its principal place of business at 160 Robinson Road, #14-04 SBF Centre, 068914 (“Sleek”); 

and 

(2) “You”, a “User”, who is a company which will or has been incorporated using the Platform or which is already registered on the Platform intends to use or has subscribed to a Sleek Service (defined below), or an individual linked to your company whether as shareholder, director, officer, employee or user of the Platform on behalf of your company. 

(Sleek and You are hereinafter referred to individually as a “Party,” and collectively as the “Parties”) 

Recitals: 

A. Sleek provides certain services as set out in Section 1 (the “Services”) to Users through its proprietary cloud-based technology platform (the “Platform”); 

B. You intend to engage Sleek to provide some or all of the Services by subscribing to the Platform, subject to these Terms. 

1. Services 

1. Users may engage Sleek to provide certain business services. These services may include, but are not limited to, any of the following: 

1. company incorporation; 

2. provision of a registered office address and mailroom; 

3. maintenance of statutory registers on the Platform in accordance with the legal requirements; 

4. lodgement and payment of regulatory filings with the Accounting and Corporate Regulatory Authority (“ACRA”) of Singapore; 

5. provision of a nominee director as required by Section 145 of the Companies Act 1967 (subject to the entering into any supplemental documents as requested by Sleek);

6. preparation of corporate resolutions in connection with the governance of your company;

7. filing all changes relating to a company, including but not limited to change of officers, shareholders, share capital, registered office, particulars of officers or shareholders; 

8. provision of accounting, audit and tax-related services, including: 

1. preparation of management reports; 

2. preparation of annual unaudited financial statements (including directors’ statement, profit and loss statement, balance sheet statement, change in shareholders’ equity, and notes to financial statements);

3. preparation of audited financial statements 

4. preparation of financial statements in XBRL format; 

5. maintenance of general ledger, accounts payable ledger, accounts receivable ledger, and fixed assets ledger; 

6. perform bank and other accounts reconciliation; 

7. tax computation to calculate tax liability of your company; 

8. preparation of Form C and/or C-S for your company’s approval; and 

9. preparation of tax forms for the company’s submission. 

9. provision of payroll services, including: 

1. salary calculation on a monthly basis; 

2. salary payment to employees according to the method designated and approved by the User; 

3. automatic generation of monthly pay slips for employees; 

4. Central Provident Fund (CPF) registration and monthly payment to CPF; 

5. issuing IR8A Form for personal tax including statutory annual filing; and 

6. preparation and submission of Auto-Inclusion Scheme with Inland Revenue Authority of Singapore (IRAS); and 

7. maintenance of payroll files for each employee. 

10. provision of Work Pass and related pass services in Singapore:   

1. application, renewal and cancellation of work passes, and preparation of the necessary documentation, i.e. Employment Pass (EP), Personalised Employment Pass (PEP), Overseas & Networks Expertise Pass (ONE Pass), Letter of Consent (LOC) and S Pass and passes for Dependants i.e., Dependant’s Pass (DP), Long Term Visit Pass (LTVP). 

2. By appointing Sleek as the User’s company secretarial service provider, Sleek shall carry out, or appoint one of its employees to carry out, the duties of a company secretary in accordance with Singapore law. Sleek commits to promptly deliver the Services elected and validly paid for by the User pursuant to these Terms. 

3. Sleek shall only provide company secretarial services as requested by the User from time to time orally, in writing or any other manner in which Sleek may accept. The User agrees that Sleek shall assume no liability to the User for any loss or damage arising out of or in relation to Sleek providing company secretarial services in accordance with the User’s instructions.

4. SleekSign is a Sleek Service which allows Users to send and sign documents electronically. Users may use SleekSign in conjunction with other Services or as a standalone service in accordance with these Terms and any other Terms and Conditions which may be added or amended from time to time. 

5. The User shall indemnify Sleek (and/or any of its affiliates) against any and all actions, judgements, claims, demands, costs, taxes and expenses (including legal and/or professional fees) howsoever incurred by Sleek in the course of and pursuant to its duties and obligations provided by any of the Services in accordance with Your instructions or these Terms. 

6. Sleek may require that, in order for the performance of the Services (including the services of acting as nominee director for a company), the User shall enter into any supplemental agreements or carry out any acts required by Sleek or by law in order for Sleek to provide the Services. Sleek shall not be obliged to provide any of the Services if the User fails to enter into a supplemental agreement or carry out any acts required by Sleek or by law. 

7. If Sleek, in its sole and absolute discretion, is obliged to meet any of the User’s requirements or legal obligations, the User agrees that Sleek is authorised and empowered to take any steps that it may in its reasonable discretion deem necessary to comply with such obligations or requirements, which includes seeking professional legal advice or other administrative recourse in accordance with applicable laws at the expense of the User. 

8. At the request of Sleek, the User shall provide Sleek with all documents and information as required by Sleek in order for Sleek to comply with its internal policies, any applicable law or guidelines issued by any relevant regulatory authority and/or for any other reason that Sleek may consider necessary from time to time. 

9. The provision of document templates to Users such as an employment agreement template does not constitute legal advice.  Sleek is not a law firm and does not provide legal advice or legal services. Any document templates provided to Users, including but not limited to employment agreement templates, are for general informational purposes only and do not constitute legal advice. You should seek independent legal counsel for any legal matters.

10. In connection with the Services, the User shall provide Sleek with all necessary co-operation in relation to the Services and all necessary access to such information as may be required by Sleek.  In the event of any delays in the User’s provision of such assistance as agreed by the parties, Sleek may adjust any agreed timetable or delivery schedule as reasonably necessary.

11. The User represents and warrants that it will not use the Services for any unlawful purposes, including but not limited to money laundering, terrorist financing, fraud, or other illegal activities. The User shall indemnify and hold Sleek harmless from any loss, damage, or liability arising from any breach of this clause.

12. The User acknowledges that accurate and timely submission of information is essential for regulatory compliance and the provision of Services by Sleek. The User shall be solely responsible for ensuring that all information, instructions, and documents provided to Sleek are accurate, complete, and submitted in a timely manner.

13. If the User provides inaccurate, incomplete, or delayed information that results in:
    – regulatory non-compliance, penalties, fines, or late filing fees;
    – errors in statutory filings, tax computations, or corporate governance documents; or
    – delays or failures in the provision of Services, the User assumes full liability for any resulting losses, fines, penalties, or damages.

14. If Sleek is required to rectify any errors due to incorrect or incomplete information provided by the User, Sleek may charge additional fees for the time and effort required to amend the filings, resubmit documentation, or liaise with regulatory authorities.

15. Sleek shall not be held responsible for any negative consequences arising from:
    – the User’s failure to review and approve documents before submission;
    – the User’s failure to provide required regulatory information within prescribed deadlines;
    – any errors in tax filings, accounting records, or statutory submissions caused by incorrect data provided by the User.

16. The User shall indemnify and hold Sleek harmless from and against all claims, penalties, fines, damages, or liabilities arising from the User’s failure to provide accurate and timely information.

2. Registration 

1. To access and use the Services, You must be a registered user on the Platform.  The Services are strictly for the use of the registered company and its authorised representatives. You shall not allow any unauthorised third party to access or use the Services under Your account.  

2. If Sleek detects or reasonably suspects that the Services are being accessed or used by any individual who is not a registered User or authorized representative of the company, Sleek reserves the right to:  

– suspend or terminate Your access to the Services;  

– charge additional fees for each unregistered or unauthorised user at Sleek’s sole discretion; and  

– take legal or other necessary actions to enforce compliance.  

3. Sleek reserves the right to audit and verify Your usage of the Services to ensure compliance with these Terms. This may include reviewing account access logs, user activities, and company records. If Sleek reasonably determines that You have exceeded the permitted number of users or violated usage restrictions, Sleek may:  

– request immediate corrective actions, including the registration of additional users;  

– charge additional fees for excessive or unauthorised usage; and  

– suspend or terminate access if corrective actions are not taken within a reasonable timeframe.

4. By creating a user account and paying for any of the Services the User affirmatively and unconditionally accepts these Terms. 

5. In order to use the Platform and the Services, the User must provide all information and documents requested by Sleek (“User Personal Data”). The User undertakes and warrants that the User Personal Data provided to Sleek shall at all material times be accurate, up-to-date and complete. 

6. In case of any change in the User Personal Data upon registration the User shall be responsible to update this information without delay. Sleek shall not in any way be held responsible or liable in the event that the User fails to update the User Personal Data or fails to notify Sleek of any change of User Personal Data. 

7. A User registering on the Platform has access to the Platform through the combination of a username and a password. The combination username and password is strictly private and shall be kept confidential by the User. 

8. In case of a loss of password, the User will be able to reinitialise its password on the Platform. 

3. Use of Services 

1. Sleek may at any time suspend or discontinue any of the Services or any feature of any Sleek Service, including support enabling the use of the Platform. 

2. Sleek will make every effort to ensure that the Services are available, however, such services may be interrupted to conduct maintenance, repairs, upgrades, or network or equipment failures. 

3. The operation of the Services may be affected by external events including but not limited to epidemics, strike, blockade, war, acts of terrorism, riot, natural disaster, failure or reduction of power, or any force majeure events. 

4. Sleek will not be liable for any delay or failure to perform its obligations under these Terms if the delay or failure is due to the User or third party connected with the User or any such events or causes referred to in Clause 3.2 and Clause 3.3 above, or any other event beyond Sleek’s reasonable control. 

4. Confidentiality and Data Protection

1. Definition of Confidential Information 

In connection with their performance under these Terms, each party may from time to time make certain information available to the other party that is not generally known to the public at the time of its disclosure and is either identified as, or should reasonably be understood by the receiving party to be, proprietary or confidential (the “Confidential Information”). Confidential Information specifically includes, but is not limited to, the terms of any order form(s) entered into by the parties, User Content, business plans, product plans, roadmaps, strategies, forecasts, projects and analyses, the results of any audit related to the Services (including but not limited to any security audit), financial information and fee structures, business processes, methods and models, and technical documentation. Confidential information does not include information that: (a) is or becomes publicly available without breach of these Terms by the receiving party; (b) was known to the receiving party prior to its disclosure by the disclosing party; (c) is or was independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (d) is or was lawfully received by the receiving party from a third party under no obligation of confidentiality. 

2. Protection of Confidential Information 

Without the express prior written permission of the disclosing party, or as required by law, the receiving party will not disclose, transmit, or otherwise disseminate to any third party any Confidential Information of the disclosing party and will use at least the same degree of care and discretion with respect to the Confidential Information received from the disclosing party as it uses with its own similar information, but in no event less than a reasonable degree of care. The receiving party may disclose the disclosing party’s Confidential Information to its employees, affiliates, consultants, subcontractors, agents, or advisors (collectively known as “Representatives”) who have a strict need to access the Confidential Information for the purpose of performing under these Terms and only to those who are obligated to maintain the confidentiality of such Confidential Information under terms that are at least as protective as the terms set forth in these Terms. Either party may disclose these Terms to potential parties to a bona fide fundraising, acquisition, or similar transaction solely for the purposes of the proposed transaction, provided that any such potential party is subject to written non-disclosure obligations and limitations on use that are no less protective than those set forth herein. 

3. Unauthorised use of Sleek Personnel Information 

Without the express prior written permission of the individuals involved, any use of Sleek personnel information including but not limited to the nominee director and company secretary’s personal information including but not limited to name, identification number, email address and contact number for the registration of any accounts or for any other purposes is prohibited (“Sleek Personnel Information”). Sleek reserves the right to take legal action and also to terminate our services should such a situation arise. 

4. Equitable Relief 

The receiving party acknowledges that the remedy at law for breach of these confidentiality provisions may be inadequate and that, in addition to any other remedy the disclosing party may have, it shall be entitled to seek equitable relief, including, without limitation, an injunction or injunctions (without the requirement of posting a bond, other security or any similar requirement or proving any actual damages), to prevent breaches or threatened breaches of these confidentiality provisions by the receiving party or any of its Representatives and to enforce the terms and provisions of this Clause 4 in addition to any other remedy to which the disclosing party is entitled at law or in equity. 

5. Compelled Disclosure 

The receiving party may access and disclose Confidential Information of the disclosing party if legally required to do so in connection with any legal proceeding or regulatory requirement; provided, however, that in such event the receiving party will, if it is lawfully permitted to do so. The receiving party will provide only that portion of the Confidential Information that is legally required to be disclosed, and shall maintain the confidentiality of any Confidential Information so disclosed for all purposes other than such legally compelled disclosure. 

6. Compliance with the Personal Data Protection Act 

Sleek shall comply with the Personal Data Protection Act 2012 (PDPA) of Singapore in the collection, use, disclosure, and processing of User Personal Data. By using the Platform and Services, You acknowledge and consent to the collection, use, and disclosure of Your Personal Data in accordance with the Sleek Privacy Policy.  

7. Notification of Data Disclosure  

Sleek shall not disclose any User Personal Data to third parties except as required by law, regulatory obligation, or with Your express consent. If disclosure is legally required, Sleek shall, where permitted by law, provide You with prior written notice of such disclosure and take reasonable steps to minimise the extent of disclosure.  

8. By using and/or accessing the Platform, Website or any of the Services, You acknowledge that You have read and agree to the Sleek Privacy Policy, which shall be read together with and shall form an integral part of these Terms.   You consent to the collection, use and/or disclosure or handling of the User Personal Data for the purposes set out in the Sleek Privacy Policy. 

9. By using the Platform, Website and any of the Services You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message, information or User Personal Data submitted through the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. 

10. Subject to the Sleek Privacy Policy, Sleek will maintain certain User Personal Data strictly for internal purposes, including but not limited to managing the performance and functionality of the Website, information security, prevention and detection of spam, fraud, and abuse, troubleshooting, and to improve or enhance the Services by, among other things, to train computational models and algorithms and generating outputs and data sets, and other related machine-learning purposes. For the avoidance of doubt, the foregoing purposes shall not involve the use, processing or exchange of User Personal Data externally or through the public domain unless required pursuant to any statutory order or legal obligation. 

5. Intellectual Property   

1. By agreeing to these Terms, You agree to only subscribe to the use and access of the Services. You acknowledge that You have a limited right to access and use the Services and that no ownership rights are transferred to You under these Terms. Provided that the User complies with these Terms, Sleek hereby grants the User a worldwide, limited non-exclusive, non-assignable, non-transferable and revocable license to use the Platform in order to gain access to the Services. 

2. The Parties acknowledge and agree that: 

1. All rights, title and interest (including but without limitation to intellectual property rights) in and to the Services (including the Platform, underlying software and any software or documentation made available to the User through the Services, which includes any enhancements, modifications or derivative works associated thereto), and Sleek’s trademarks, names and logos, processes, know-how, data, documents and any other materials created or provided by Sleek or obtained from Sleek in connection with these Terms (“Sleek IP”) belong solely and exclusively to Sleek;

2. Sleek IP shall not be reproduced, modified, adapted, distributed, published, translated, altered, displayed, uploaded, broadcast, transmitted or hyperlinked in any manner and in any form without the Sleek’s prior written approval; 

3. The User shall not challenge the validity or Sleek’s ownership of or right to Sleek IP;

4. Save for the rights expressly granted to the User under these Terms, the User shall have no other rights, title or interest in or to the Services (including any software or documentation made available to the User through the Services) and to Sleek IP.

3. Unless otherwise agreed to in writing by Sleek, the User shall not: 

1. combine, merge, subsume or otherwise, whether directly or indirectly, incorporate or permit to be incorporated the whole or any part of the Services and/or Sleek IP into another software, database, program or service not authorised by Sleek; and

2. create, cause to be created or permit to be created any derivative works based on any of the Services and/or Sleek IP. 

4. Sleek makes no warranties or representations whatsoever in relation to the Sleek IP. Sleek shall not be liable for any damages, loss, expenses or costs in the event that the Sleek IP or any part of it infringes or is alleged to infringe the rights of any third party. Sleek shall have control of all proceedings in any court of law or tribunal in respect of any infringement of the Sleek IP. If Sleek wishes to bring or defend such proceedings, the User shall, at the Sleek’s request, render such assistance as may be reasonably required of the User in relation to such proceedings.

5. Without prejudice to Clause 5.2 above, the Parties acknowledge and agree that all of the benefit, right, title and interest in and to all Foreground IP, including the right to sue for damages and other legal and equitable remedies in respect of infringement and all other rights of action, powers, and benefits arising from ownership of the Foreground IP, will be the sole and exclusive property of Sleek, and will constitute Sleek IP. “Foreground IP” means all rights to inventions, patents, know-how, trademarks, registered designs, copyright and related rights, database rights, design rights, trade secrets, confidential information, rights to use and protect confidential information, in each case whether registered or unregistered, including any rights to apply for and be granted applications for any of the foregoing and any renewals or extensions of, and rights to claim priority from, those rights, and any similar right recognised from time to time in any jurisdiction, together with all rights of action in relation to the infringement of any of the foregoing, that is generated, invented, developed, obtained, reduced to practice or produced during the course of, or as a result of entering into these Terms.

6. The marks ‘Sleek’ and its logo, and ‘SleekSign’ and its logo are trademarks of Sleek, and nothing in these Terms gives User the right to use those trademarks without Sleek’s prior written approval. 

7. Sleek and the User may use third party software and application programming interfaces (“APIs”) when using the Platform or the Services. Sleek does not guarantee the reliability of such third-party software or APIs. The User agrees that Sleek is not liable for any loss or damage arising out of the use of such third-party software or APIs to access any information, the Platform or the Services.

8. You retain full ownership and responsibility for all documents, data, and content created, uploaded, or submitted by You through the Platform (User Content). However, by using the Platform, You grant Sleek a non-exclusive, royalty-free, worldwide license to process, store, and use such content solely for the purpose of providing the Services.  Sleek shall not claim ownership of User Content nor use, modify, distribute, or disclose such content for any purpose other than delivering the agreed Services, unless required by law or with Your explicit written consent.  

6. Payment

1. The price, features and options of the Services depend upon the subscription plan selected by You (the “Subscription”). 

2. You shall pay Sleek in advance the fees set out in the Subscription as stated on the Platform or on sleek.com/sg (the “Website”) for the relevant Services you have ordered (the “Fees”). 

3. The Fees shall be paid through a secure payment process incorporated into our Platform or Website, or by electronic invoice, which can be securely paid by credit card, debit card or bank wire. The User shall have at least one current, valid credit or debit card (the “Payment Method”) registered with Sleek’s secure payment partners at all times. 

4. Unless you choose to cancel your Subscription at least thirty (30) days before the end of the applicable subscription period, Your Subscription will automatically renew. You authorise Sleek to charge you via the Payment Method for the fees relating to Sleek’s Services for the renewed subscription. 

5. Unless expressly stated otherwise in these Terms, all prepayments of Fees for the Services are strictly non-refundable. This includes, but is not limited to, upfront payments for subscriptions, renewals, and one-time service fees.  However, refunds may be granted only in the following circumstances:

– if You qualify for the 30-Day Money-Back Guarantee; or

– as provided under Clause 10 (Termination), where applicable.

No refunds, credits, or offsets shall be provided for partial use, unused portions of a subscription, or early termination, except as explicitly permitted under these Terms.

6. In the event that any fees are due for Services not set out in the Platform or the Website, Sleek shall issue an invoice to the User for any such Services provided. The User shall pay the fees set out in the invoice for such Services within thirty (30) calendar days of receipt of the invoice issued by Sleek. 

7. The User acknowledges and agrees that completion of the online payment process does not constitute Sleek’s acceptance of a User’s offer to purchase the Services. Sleek’s acceptance of User’s order shall take place only on commencement of the Services that the User ordered from Sleek. 

8. Sleek reserves the right to decline an order for Services for any reason and will refund any fees prepaid if an order is declined, provided that no Services have been used by the User. 

9. During the online payment process, the User shall be required to enter their payment details, which are disclosed directly to an independent third-party payments processor. The User authorises Sleek to charge the User via its Payment Method associated with the User’s account for payment of any fees due to Sleek. 

10. All payments are processed by an independent third-party payment processor. Sleek excludes all liability for any loss or damage that might arise from the processing of User’s payment information, and the terms of service of that independent third-party payment processor shall apply. 

The User acknowledges and agrees that if, for whatever reason, any payment is reversed or declined, where recurring payments are required, then the User’s liability to Sleek will automatically be deemed a debt immediately due and payable. 

11. All Fees for Services are exclusive of GST or VAT, sales tax or any other taxes that may be applicable / levied in connection with the Services, unless otherwise stipulated in an official invoice issued by Sleek. 

12. If the User does not pay for any of the Services in full and on time then Sleek may send a notice to User outlining the delay and provide User with ten (10) calendar days’ notice to pay the outstanding amount. If User does not pay the outstanding amount within the ten (10) calendar days specified in the notice, then Sleek reserves the right to either terminate the use of the User Account; and/or suspend and/or terminate the performance of the services forthwith in whole or in part without any liability thereof. If the User fails to make full payment by the due date, Sleek reserves the right to charge interest on the outstanding amount at a rate of 4% per month, calculated on a daily basis from the due date until full payment is received.

13. If the User has exceeded or will exceed the prescribed usage of the Subscription, Sleek may at any time, even following the lapse of the relevant subscription period, inform the User that the said Subscription will automatically be upgraded to a new Subscription (“New Subscription”). In the event of such upgrade, the fees payable for the New Subscription will be revised accordingly. The User’s continued use and acceptance of the Services will be deemed to constitute acceptance of the upgrade and the fees applicable to the New Subscription. Further, the User authorises Sleek to charge the User via its Payment Method for the fees applicable to the New Subscription.   

7. Deposits 

1. Sleek may require a User to provide a refundable fixed amount of deposit as security for the provision of certain Services (“Deposit”). Where applicable and necessary, the Deposit may be used by Sleek: 

1. to off-set against any unpaid sums, including but not limited to maintenance and administrative surcharges, for the Services rendered and which continue to remain outstanding for a period of no less than thirty (30) calendar days from the date such sums fall due;  

2. to pay any administrative charges, sanctions and filing fees incurred under the User’s account to the relevant authorities including but not limited to, the Accounting and Corporate Regulatory Authority (ACRA) and the Inland Revenue Authority of Singapore (IRAS), as the case may be, for any actions taken by Sleek when discharging its duties under the law; and

3. to settle any costs incurred by Sleek towards enforcing its right to reclaim the outstanding sums described in sub-clause (a) of this Clause 7.1.  

2. If the User fails to make any attempt to reclaim the excess funds within sixty (60) days, then the excess funds shall be non-refundable and Sleek shall be entitled to forfeit such funds in its entirety. Further, the User agrees to waive any future claims against Sleek and/or its affiliates, officers, directors and employees in respect of such funds. Should the User attempt to do so, the User unconditionally and unequivocally agrees that Sleek shall be entitled to rely on this provision to have the User’s claim struck out.

8. Limitation of Liability 

1. To the fullest extent permitted by law, and subject to Clause 8.5 below, Sleek and its affiliates, directors, officers, employees, agents, representatives, partners expressly limit their liabilities in connection with or in connection with these Terms.

2. The Services and the content and documents generated by the Platform are provided on an “as is” basis. No assurance, representation or warranty of any kind is made whether express, implied or statutory including but not limited to warranties of title or implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. 

3. Sleek will make every effort to provide high quality services, however, it does not make any representation or warranty that: 

1. the information or content provided as part of the Services will be entirely correct and up to date; 

2. the documents generated as part of the services will be accurate, adequate, reliable, free from defect or error or omissions, suitable for a particular purpose or legally sound;

3. the Services are free from bugs or viruses;   

4. correspondence between a User and Sleek will be free from interception, corruption, error, delay or loss; 

5. access to the Services will always be available or uninterrupted, particularly if the unavailability or interruption is caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; 

6. use of the Services will achieve any particular result and meet Your expectations with respect to a specific commercial objective. 

4. Neither party shall be liable for any indirect, special, incidental, punitive, exemplary or consequential losses or damages or any loss of profit, business or data arising out of or in connection with these Terms. 

5. Any liability of Sleek to the User shall be limited to the total amount paid by the User to Sleek for the Services  in the twelve (12) months preceding the liability. Notwithstanding the foregoing, Sleek reserves the right, at the User’s expense, to assume the exclusive defence and control of any matter for which the User is required to indemnify Sleek, and the User agrees to cooperate, at his/her sole expense, with Sleek’s defence of such claims. Sleek will use reasonable efforts to notify the User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

9. Indemnity 

1. You agree to indemnify and hold Sleek (and/or its affiliates, officers, directors and employees) harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from: 

1. Your breach of these Terms, and/or

2. any third party intellectual property infringement. 

2. Both Parties shall comply with all applicable laws and regulations, which for the avoidance of doubt, includes all applicable:

1. privacy and data security laws;

2. anti money laundering and counter terrorism financing laws;

3. anti bribery and anti corruption laws;

4. export control and sanction laws; 

5. modern slavery laws; and

6. occupational health and safety laws. 

3. The User shall indemnify Sleek (and/or any of its affiliates officers, directors and employees) against any and all loss, damage, actions, judgements, claims, demands, costs, taxes and expenses (including legal and/or professional fees) howsoever incurred by Sleek arising from the User’s breach. 

4. Notwithstanding anything in these Terms and in addition to Clause 10.2, in the event of persistent or impending breach by the User of these Terms or any applicable laws, as may be reasonably determined by Sleek in its sole and absolute discretion, Sleek shall be entitled to pursue such legal and administrative recourse as may be necessary, including assuming control of the User’s account or initiating filings with the relevant authority on the User’s behalf, in order to discharge its duties under applicable laws and / or to mitigate the effects of such breach or default. 

5. The foregoing Clause 9.4 shall be in addition to and shall not adversely affect any other rights or remedies available to Sleek under applicable laws. 

10. Termination

1. Either Party may terminate any Services by giving at least thirty (30) days’ written notice to the other Party.  

2. Notwithstanding the foregoing, either Party may terminate the Services by providing fifteen (15) days written notice to the other Party that the other Party is in material breach of these Terms or any applicable terms of service or any applicable laws which is incapable of remedy. 

3. Sleek may also with immediate effect terminate any of the Services upon written notice to the User for any reason whatsoever, provided that the User shall be given a pro-rata refund of the Fees in respect of the unexpired period to which the annual services fees relate.    

4. In respect of Section 10.3 above, in the case of any unpaid statutory filing fees, Sleek shall also refund the same to the User. For the avoidance of doubt, in the event of any statutory filing fees paid out by Sleek over the course of providing the Services to the User then none of the Fees (including such statutory filing fees) shall be refundable under any circumstances.  

5. If You terminate any Services, Sleek shall be entitled to determine your access to the Platform. You will be able to access and export the records pertaining to your company for a period of thirty (30) days from the date of termination (the “Post-Termination Period”). 

6. Following the expiry of the Post-Termination Period, You acknowledge that your company information may be deleted or overwritten from the Platform subject to the Sleek Privacy Policy and retention requirements under the PDPA or any other applicable data protection laws. 

11. Variation of these Terms 

1. Amendments by Sleek.  Sleek may amend these Terms from time to time. Minor or administrative updates that do not materially affect Your rights or obligations may be made without prior notice.  

2. If Sleek makes material changes to these Terms that may negatively impact Your rights or obligations, Sleek will use reasonable endeavours to provide You with at least 30 days’ notice before the changes take effect. If You continue to use the Services after this period, You will be deemed to have accepted the revised Terms.  

12. Waiver and Severability 

1. A Party’s failure to enforce a provision in these Terms is not a waiver of that Party’s right to do so later, unless such Party waives such right to enforce the said provision in writing.

2. If a provision in these Terms is found to be unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted, reflecting the initial intent. 

13. Third-party Rights
    
    

Only the User and Sleek shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 2001 or otherwise. 

14. Governing Law
    
    These Terms shall be governed by, and construed in accordance with, the laws of Singapore. 

15. Dispute Resolution   

1. In event of any dispute arising out of or in connection with these Terms, including any question regarding its formation, existence, validity or termination (the “Dispute“), a Party may give notice to the other Parties to submit the Dispute to mediation to the Singapore Mediation Centre (“SMC“).

2. The notice referred to in Clause 15.1 shall be valid for fourteen (14) Business Days. If the Parties agree to submit such Dispute to SMC, the Parties will have 30 days from the date of submission of such Dispute to SMC to resolve such Dispute in accordance with SMC’s Mediation Procedure in force for the time being. Unless otherwise agreed by the Parties, the mediator(s) will be appointed by SMC and the mediation will take place in Singapore in the English language and the Parties shall be bound by any settlement agreement reached.  

3. If the Parties do not agree to submit the Dispute to SMC or the Parties are unable to resolve the Dispute through mediation during the period set out in Clause 15.2, the courts of Singapore shall have exclusive jurisdiction to settle any dispute arising out of connection with these Terms (including a dispute regarding the existence, validity or termination of these Terms).