Dated the 29 day of December 2023

BETWEEN

FLASH MALAYSIA EXPRESS SDN. BHD.

(Company No.: 201601028302 (1199241-H))

AND

[Wan Mohd Nizam bin Jaafar]

(Ic No.: 980529-12-5839)

INDEPENDENT CONTRACTOR SERVICES AGREEMENT

 INDEPENDENT CONTRACTOR SERVICES AGREEMENT

This Independent Contractor Services Agreement (the “Agreement”) is made on 8th January
2024 (the “Effective Date”) by and between:
FLASH MALAYSIA EXPRESS SDN. BHD. (Company Registration No.: 201601028302
(1199241-H)), a company duly incorporated in Malaysia under the Companies Act 2016, and
having its business address at Suite 01-01, Level 1, Tower 5, Avenue 7, The Horizon,
Bangsar South City, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur (the “Company”);
AND
Wan Mohd Nizam bin Jaafar (“980529-12-5839”), an individual having its address at “3,
Jalan Sri Emas 7/6, Taman Sri Emas, Sungai Mati, Serom, 84400 Ledang, Johor”. (the
“Contractor”)
(The Company and the Contractor shall collectively be referred to as “Parties” and
individually as “Party”)
WHEREAS
A. The Company is a licensed courier company licensed to provide delivery and courier
services in Malaysia.

B. The Contractor has the necessary permits and/or licenses to provide delivery services
to the Company.

C. The Contractor agrees to provide services to the Company, including pickup and/or
delivery shipment to recipients in the designated locations, in consideration of the
payment of service fees to the Contractor in accordance to the terms and conditions as
set-forth in this Agreement.

D. The Contractor’s relationship with the Company is independent, not joint venture,
partnership, employment or agency relationship.
THEREFORE, the Parties entered into this Agreement upon the terms and conditions set
forth:
1. SCOPE OF SERVICES
1.1 The services to be provided by the Contractor to the Company are as follow:
a) To perform parcel pick-up at the designated location assigned by the Company
and to perform door-to-door delivery shipment to the recipients of the
shipment;

b) To perform doorstep parcel pick-up from the sender’s address and hand them
over to the Company to be delivered to the recipient;

c) To collect cash on delivery (“COD”) payment from the recipients of the

shipment and handover the cash payment to the Company;
 d) To collect returned parcel from customer to handover to the Company; and/or

e) To perform other ad hoc services which shall be instructed by the Company

from time to time

(Collectively to be referred as the “Services”)

1.2 The Company may amend the scope of Services by providing a five (5) days’ prior
notice to the Contractor:-
a) The Contractor may refuse any request for Services.
b) Upon acceptance of any request for Services, the Contractor shall be obligated to
provide the Services in accordance with the terms of this Agreement, failing
which, the Company shall have the discretion to impose the terms under
Appendix D below.

2. SERVICES LEVELS AND TRIAL PERIOD

2.1 The Contractor is required to ensure that the Services as stipulated in Clause 1 hereto
is duly completed on time and within the standard operating procedures as stated in
Appendix B, Appendix C and Appendix D. The Contractor shall perform the Services
consistent with the Service Level Agreement (SLA) and any guidelines as listed or
added on the Appendix D, which may be revised by the Company from time to time.
In the event the Company revises the SLAs and/or guidelines, the Contractor shall be
deemed to accept and agree to perform his obligations in accordance with the revised
SLAs and/or guidelines from the date of the additional terms added to the Appendix
D, unless otherwise stipulated in the revised SLAs and/or guidelines.

2.2 Upon the execution of the Agreement, the Contractor will undergo a training period
(the “Training Period”) lasting for a period of three (3) days. During the Training
Period, the Contractor will be designated to perform Services in any area as
determined by the Company at its sole and absolute discretion. The Contractor shall
not be entitled to a service fee during the Training Period; however, they will be
eligible for incentives with the details as stated in the Appendix A.

2.3 After successfully completing the Training Period, the Contractor will be assigned a
fixed designated service area. The Contractor shall be entitled to receive a service fee
for the services performed in this designated area.

3. TERM
This Agreement takes effect from the Effective Date and shall be effective for one (1)
year unless it is terminated pursuant to Clause 11 of this Agreement. This Agreement
shall be expired upon the expiration date unless it is renewed at the option of the
Company in writing by thirty (30) days’ notice.
4. WARRANTIES AND REPRESENTATIONS
4.1 The Contractor represents and warrants that:
a) It has full capacity and authority to enter into and to perform its obligations
under this Agreement which includes possessing a legal and valid driving
license;

b) It has and shall continue to hold all necessary approvals, consents, licenses and
permissions to perform its obligations under this Agreement;

c) It shall not subcontract or delegate any portion of the Services without the
prior written consent of the Company;

d) It shall undertake the responsibility of maintaining and repairing its vehicles in

good and road worthy conditions at all times;

e) It shall comply with any and all applicable laws, rules and regulations in
providing the Services including but not limited to data privacy, intellectual
property and labour laws;

f) It shall be solely liable for any damages, losses, injury caused by, arising from,
and/or in connection with any of, whether intentional or unintentional, acts or
omission of itself or any third party which the contractor is subcontracted;

g) It is not an employee of the Company and hereby completely and absolutely

releases, and forever discharges the Company and/or its affiliates, their
respective officers, directors, employees, partners, affiliate, and agents from
any and all liabilities and actions of whatever nature of claim or demand
arising from the Services;

h) It shall not to contact any of the senders or recipients for purposes other than
in connection with the Services;

i) It shall not to reverse look-up, trace or seek to trace any information on any
Customers, to its source, or exploit the Services or information made available
or offered by in any way where the purpose is to reveal any information,
including but shall not be limited to personal identification information as
provided for by the Company’s system or application;

j) It shall not use the Services for other purposes such as but not limited to data
mining of the Company’s information or information related to the Company
or the Services. A breach hereof constitutes a grave offence and may be treated
as industrial espionage or sabotage, and the Company reserves the right to take
such action as may be appropriate or permitted under the law against the
Service Provider, and/or any person, whether natural or artificial, directing or
instructing the Independent Contractor, in the event the Contractor used the
Service other than for the purpose for which it is intended to be used;
 k) It shall be responsible for all taxes, duties, fees and other charges arising out of
or associated with the Services;

l) Where the Contractor is an individual, they shall be solely responsible for the
registration with and payment of contribution under the Self-Employment
Social Security Scheme in accordance with the Self-Employment Social
Security Act 2017;

m) It shall not do anything which may hurt or tarnish the Company’s reputation,
brand or goodwill;

n) It shall cooperate with the Company in any investigation or audits;

o) the provision of Services shall not infringe the Intellectual Property rights of
the Company and/or any third parties; and

p) there are no actions, suits or proceedings or regulatory investigations pending

or, to its knowledge, threatened against or affecting the Contractor before any
court or administrative body or arbitration tribunal that might affect the ability
of the Contractor to meet and carry out its obligations under this Agreement.

5. SERVICE FEE AND PAYMENT TERMS

5.1 In consideration of Contractor providing the Services, the Company shall pay to
Contractor the services fee as per details in Appendix A (the “Service Fee”) on a
monthly basis. The Service Fee will be subjected to tax, if applicable.

5.2 The Contractor shall issue a system-generated invoice to the Company by monthly
basis. The Contractor shall issue an invoice in the correct format to the Company by
the 1st (first) day of the subsequent month. The invoice shall contain the monthly
Service Fee of the preceding month. The Company shall reply to the Contractor
within five (5) Working Days for any dispute. If there is no dispute or reply after the
stipulated five (5) Working Days, the Contractor will consider the reconciliation as
successful. All invoices shall be paid to the Contractor on the 15th (fifteenth) day
following the Services month.

Illustration: For the Services which the Contractor has performed on January 2024,
the Contractor shall issue the invoice to the Company on the 1st of February 2024.
The Company shall remit the payment to the Contractor by 15th February 2024.

5.3 Payment of Service Fee shall be made through bank transfer to the Contractor’s bank
account as stated below:
Bank Name RHB Bank
Account Name Wan Mohd Nizam bin Jaafar
Account No. 25604400016784
5.4 Each Party shall be responsible for paying all taxes due on the income of such Party
under this Agreement.
5.5 The Company may delay, suspend or cancel any payment in the event the Contractor
breaches any term of the Agreement and any payment made will not in any way be
considered as a waiver of the Company’s right under this Agreement and/or the
governing law.
5.6 Any payments which are not included in Appendix A are goodwill payments by the
Company, and do not form part of the Service Fees.
5.7 Upon termination of this Agreement, the Company shall pay to the Contractor within
sixty (60) Calendar Days of the receipt of the invoice all sums due and payable to
Contractor under this Agreement, and thereafter be regarded as discharged from any
further obligations under this Agreement.
5.8 The Company may, at its sole discretion, set off any fees or other amount owed to the
Contractor against any liability, claims or amounts owed by the Contractor to the
Company.
5.9 For the avoidance of doubt, for the purpose of invoicing (for Service Fee) as stated in
this Clause, “Working Day” shall mean Mondays to Fridays, excluding any national
or federal public holidays observed by the Company. Calendar Days means any day
from Monday to Sunday on solar calendar, including public holidays.

6. ASSETS
6.1 For the purpose of providing the Services under this Agreement, the Company may
provide the Contractor with equipment (the “Assets”), on the terms as determined by
the Company. The Contractor is fully responsible for any Assets provided by the
Company and shall indemnify the Company for any loss or damage to such Assets.

6.2 The Contractor represents, warrants, and undertakes to maintain the Asset in good
condition and shall provide proof of the same to the satisfaction of the Company. The
Company may, on request, inspect any Assets used by the Contractor.

6.3 The Contractor shall not use any Assets to provide services to anyone other than the
Company. The Contractor shall return any Assets provided by the Company upon the
Company’s request or termination of this Agreement.

6.4 The Company shall be entitled to set off any Service Fees or other amount owed to
the Contractor against any liability, claims or amounts owed by the Contractor to the
Company pursuant to this Clause.

7. LOSS AND DAMAGE

7.1 The Company shall maintain ownership of the parcels while the parcels is under the
Contractor’s care, custody and control.
7.2 The Contractor should take the responsibility to ensure all parcels and documents are
in good condition. If any parcel or document is damaged, lost or delivered to a
non-recipient, the Contractor must compensate to the Company the actual value of the
item and shall indemnify the Company for all the losses, damages, costs and expenses
arising from such misconduct.

7.3 The Contractor shall comply with the Company’s standard operating procedures in
handling parcels as set out in the Appendix B and Appendix C herein and as well as
any changes thereto which may be determined by the Company from time to time. In
the event of any damage, loss and/or non-delivery of parcels, the Contractor shall
compensate the Company the losses, damages, costs and expenses arising thereto,
based on declared value of the parcel, sales invoice of the parcel, and the expenses or
losses incurred by the Company in relation thereto. The Contractor shall further be
liable for penalty as set out in the Appendix herein as well as any changes which may
be determined by the Company from time to time.

8. RESPONSIBILITIES AND OBLIGATIONS OF THE COMPANY

8.1 The Company warrants that the shipment entrusted to Contractor meet the terms and
conditions of this Agreement, does not violate the prohibition provisions of laws,
regulations and does not infringe any legal rights of third parties.

8.2 In order to ensure the timely and accurate delivery of Company’s shipments,
Company shall be responsible to provide Contractor with true and accurate
information on the weight, size, special requirements, accurate delivery address,
contacts and telephone details of the package recipient and proper packaging.

8.3 In addition, Company shall ensure that the consignment note is printed and securely
sticked on the shipment. The consignment note shall consist of the tracking number,
name, address and contact number of both the sender and the receiver.

9. RESPONSIBILITIES AND OBLIGATIONS OF CONTRACTOR

9.1 The Contractor shall furnish the following statutory documents to the Company prior
to the execution of the Agreement:
(i) For private Company (Sdn. Bhd.)- The Contractor shall provide the latest company
profile generated by SSM, Form 49 (Section 58 under Companies Act 2016), Form 9
(Certificate of Incorporation) and Company’s bank account.
(ii) For Business Entity (Enterprise, Partnership, or Limited Liability Partnership)-
The Contractor shall provide the latest Business Entity Profile generated by SSM,
Business Registration Certificate and business bank account.
(iii) For individual, the Contractor shall provide a copy of the identity card and the
driving license.
9.2 The Contractor shall provide the Company with the Services in accordance with the
requirement and instructions of the Company.
9.3 The Contractor shall employ competent workers and provide them with adequate
supervision, full and proper instruction and training so as to ensure the proper
provision of the Services, and the proper handling of the shipment and of any
equipment necessary to perform Contractor’s obligations pursuant to this Agreement.

9.4 The Contractor shall ensure that there are sufficient vehicles and manpower which are
qualified to be used for transportation of parcel.

9.5 Contractor shall ensure that it will at all times skilfully and diligently provide the
Services and will use its best efforts not to jeopardise or damage the business of
Company or its customers.

9.6 Contractor shall, and to inform its approved subcontractors to duly follow any
instructions or directions given by or on behalf of Company for the storage and
handling of the shipment.

9.7 Contractor shall sort the shipment according to its courier routes and deliver the
shipment to the consignee as stated on the consignment note of the shipment.

9.8 The Contractor shall comply with the standard operating procedure as and rules of the
Company as attached in the appendix herein as may be determined and amended by
the Company from time to time.

9.9 The Contractor shall maintain sufficient insurance for any risk of physical injury,
damage to property, or third-party liability incurred in the course of providing the
Services (including but not limited to self-employment social security scheme and
motor vehicle third-party liability insurance.)
9.10 The Contractor shall perform Services for a minimum of twenty-five (25) days per
month, with the exception for February where the minimum Service days would be
twenty-three (23) days.

9.11 In the event the contractor unable to attend on the day(s) of Services, the Contractor
shall submit a notification through the Flash Kit at least three (3) days before the said
day(s) of Services.

10. CLAIMS PROCEDURE

10.1 The Company shall submit claims for loss, damages, delays of the shipment, in
writing with supporting documents for such loss, damages or delays of the shipment
due to the Contractor’s mishandling. The Contractor shall be liable to pay the
Company the total value of such shipment which has lost, damaged or delayed.

10.2 The Company shall be entitled to offset the sum in the preceding paragraph from the
payment due to the Contractor.
10.3 The Contractor retains the right to review the claims request and if the documents
submitted by the Company is sufficient to support the claim request, the Company
shall deduct the claims from the Service Fee of the Contractor.

11. TERMINATION
11.1 During the term or any renewal term of this Agreement, a Party who wishes to
terminate shall serve a thirty (30) days’ notice to another Party stating its intention to
terminate the Agreement. In the event the Contractor wishes to terminate the
Agreement, the Contractor shall submit the termination notice through the Flash Kit.

11.2 Notwithstanding the foregoing, the Company reserves the right to immediately
terminate this Agreement upon written notice if:

a) Company has suffered serious damage through the intentional acts, omissions
or gross negligence of Contractor;

b) Contractor has materially breached its obligation under this Agreement, or has
failed to remedy the breach if such breach is capable of remedy in the opinion
of Company;

c) If Contractor is a company or a business entity, it has become insolvent or

entered liquidation (whether compulsorily or voluntarily) or has a receiver
appointed in respect of all or any part of its assets or takes or suffers any
similar action in consequence of debt; or the Contractor is finally
wound-up/sequestrated or seeks to make a compromise with its creditors;

d) The Contractor refused and/or neglected to perform the Services for two (2)
consecutive days, excluding the case where the Contractor is on rest days
approved by the Company;

e) Contractor is suspected of or guilty of any act of fraud, bribery, corruption,

intentional misrepresentation or contravention to the other Party;

f) Contractor ceasing or threatening to cease to perform the Services;

g) Contractor consistently failing to adhere to clause 9.10; or

h) Contractor failing to achieve the rating assessment in Appendix D.

11.3 Notwithstanding the foregoing, the Contractor undertakes to provide the Services for a
minimum period of one (1) month from the commencement date of Services (which
shall be computed from the day after the Trial Period). In the event the Contractor
terminates this Agreement before the expiry of the said period, in additional to any
other remedies available to the Company under this Agreement, the Contractor agrees
to compensate the Company a fee of RM50.00 (Ringgit Malaysia Fifty) for each day
of shortage for early termination.
11.4 In addition to Clause 11.3, in the event that the Contractor fails to provide the thirty
(30) days written notice to the Company, the Contractor shall also compensate the
Company a penalty which shall be computed as follow:-

𝑇𝑜𝑡𝑎𝑙 𝑆𝑒𝑟𝑣𝑖𝑐𝑒 𝐹𝑒𝑒 𝑓𝑜𝑟 𝑡ℎ𝑒 𝑝𝑟𝑒𝑐𝑒𝑑𝑖𝑛𝑔 3 𝑚𝑜𝑛𝑡ℎ𝑠

𝑇𝑜𝑡𝑎𝑙 𝑑𝑎𝑦𝑠 𝑜𝑓 𝑠𝑒𝑟𝑣𝑖𝑐𝑒𝑠 𝑓𝑜𝑟 𝑡ℎ𝑒 𝑝𝑟𝑒𝑐𝑒𝑑𝑖𝑛𝑔 3 𝑚𝑜𝑛𝑡ℎ𝑠
X shortfall notice period

11.5 The Contractor shall return all the Assets (if any), COD payment or parcels to the
Company on the last day of the Service, failing which, Contractor shall be liable for
the cost of such Assets, COD Payment and the value of the parcels as determined by
the Company.

11.6 Any termination of this Agreement shall not affect any accrued legal rights or
liabilities of either Party nor shall it affect the coming into force or the continuance in
force of any provision hereof which is expressly or by implication intended to come
into or continue in force on or after such termination.

12. CONFIDENTIALITY
12.1 All information obtained by any of the Party from the other Party in the course of
performance of this contract and the contract itself are confidential, including but not
limited to the trade secrets, company policies, customer list, delivery status, shipping
route and price of both parties. Except for the performance of this contract and the
written permission of the other party or otherwise as stipulated in this contract, the
other party shall not use the information and shall take all reasonable measures to
exempt the other party's information from dissemination disclosure, copy abuse, and
use by unauthorized party.

12.2 The Parties shall, and to inform its approved subcontractor who participate in the
work of this contract to abide by the provisions of this clause. If an employee of any
Party has violated these terms, the Party shall be deemed to be in breach of
confidentiality. The Party who is in breached shall be responsible for all losses caused
to the other Party and bear the corresponding liability for breach of contract.

12.3 In the event that a disclosure is required by law, regulation, or the applicable
governmental authorities, the disclosing Party shall provide the other Party with
prompt written notice of any such requirement or request to the extent legally
permissible and practicable.

12.4 Confidentiality duties stipulated herein shall be in effect for two (2) years after
termination or expiration of this Agreement.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 This Agreement will be interpreted, governed and construed in accordance with the
laws of Malaysia.

13.2 If there is any dispute arising in connection with this Agreement, the two parties shall
settle the dispute through negotiation. If the dispute cannot be settled through friendly
consultation within fifteen (15) days after written notice of the dispute is first given,
all disputes, controversies, or claim arising out of or in relation to or in connection
with this Agreement or for the breach thereof shall be exclusively settled in the
jurisdiction of the courts in Malaysia.

14. INTELLECTUAL PROPERTY

14.1 The Contractor agrees that it does not, by the performance of the Services or
otherwise, acquires any rights in or to any trademarks used or adopted by the
Contractor or any of its affiliates, whether or not such trademarks are registered. The
Contractor shall not use the trademarks or anything similar without the prior written
consent of the Company.

14.2 The Contractor shall have the right to protect its and its affiliates’ trademarks, service
marks, trade names, trade secrets, corporate slogans, corporate logos, product
designations (collectively the “Marks”) and its goodwill. The Contractor shall have no
right to use the Marks of the Company in any mode or manner without the prior
written consent of the other Party.

14.3 If the Contractor has breached this intellectual property clause, the Contractor shall be
liable to compensate the Company for a liquidated damages of RM10,000.00 (Ringgit
Malaysia Ten Thousand) per occurrence. In addition, the Company shall also reserve
the right to terminate the Agreement upon the Contractor has breached in this clause.

15. ANTI-BRIBERY AND CORRUPTION

15.1 Contractor warrants that for the duration of this Agreement, Contractor shall comply
with all applicable laws, regulations, ordinances and codes, including those related to
anti-bribery and anti-corruption, immigration, labour, safety and environment, and
transportation. Specifically, without limiting the above, Contractor shall not, in
connection with the negotiation, execution, or performance of this Agreement or in
connection with any other business transactions involving Contractor: give, offer, pay,
promise to pay, receive, or authorize the payment of: (a) any money or other thing of
value, such as providing travel, gifts, meals, or entertainment, to any officer,
employee, or representative of any government, or any department, agency, or
instrumentality thereof, any political party, any political party official or candidate,
any government-owned or controlled company, or any public international
organization (Collectively, “Government Official”), or to any other person with
knowledge that anything of value will be passed on to a Government Official, for
purposes of (i) influencing any act or decision of any Government Official, (ii)
inducing such Government Official to act in violation of his or her lawful duty, (iii)
securing any improper advantage, or (iv) persuading such Government Official to
 influence any act or decision of a government or public international organization to
obtain or retain business for, or direct business to Company or anyone else; or (b) a
financial or other advantage, to any person, whether or not a Government Official,
with the intention to bring about or reward the improper performance of a duty or
obligation to which the person is subject or with the knowledge or belief that the
acceptance of the advantage in itself constitutes the improper performance of the
person’s duty or obligation. Contractor shall indemnify Company in respect of any
claim, demand, investigation or proceedings in connection with any breach of its
obligation under this clause.
15.2 If Company has any reasonable cause to believe that Contractor is in breach of any
obligations under this clause, Company has the right to inspect (either by itself or
appointed representatives) all facilities, equipment, documents and electronic data of
Contractor relating to Contractor’s business dealings and activities undertaken in
connection with this Agreement.

16. PERSONAL DATA PROTECTION ACT

16.1 Each Party shall take all necessary steps to ensure that it operates and complies with
applicable data protection, privacy or similar laws, including, without limitation, the
Personal Data Protection Act 2010 (“PDPA”) under the laws of Malaysia.

16.2 The Contractor shall undertake, represent and warrant to use and process the Personal
Data:
a. only for the purpose of the execution of the Services and not disclose it to third
parties;
b. in accordance with the requirements under the applicable personal data protection
laws and the Company’s Privacy Policy which shall be revised by the Company from
time to time;
c. in a manner that ensures the Company remains in compliance with the requirement
under the applicable personal data protection laws; and
d. will not sell, assign, license, publish, lease or otherwise commercially exploit any
such information or utilize such information in any manner for the Contractor own
benefit or carry out any data mining, data compilation or data extraction for the
purposes of statistical or trade analysis or otherwise.

16.3 For the avoidance of doubt, Personal Data includes all data defined within the
Personal Data Protection Act 2010 including all data which the Contractor has
disclosed to the Company or received for providing the Services under this
Agreement.

17. MISCELLANEOUS
17.1 Severability
The provisions of this Agreement will apply to the fullest extent permitted by
applicable law. If any term or provision in this Agreement in whole or in part held to
be illegal or unenforceable, it will not affect the enforceability of any other terms or
provisions.
17.2 Assignment or Subcontracting
The Contractor shall not assign its rights under this Agreement to any third party
without the prior written consent of the Company. In the event the Company consents
the appointment of a subcontractor by Contractor, the Contractor shall continue at all
times to be primarily liable to the Company, and the Contractor shall be wholly
responsible for all acts or omissions or default of the subcontractor as if it were the
acts or omissions or default of the Contractor and the Contractor shall indemnify the
Company for all the losses, damages, costs and/or expenses incurred as a result of
such acts or omission or default.
17.3 Notice
All notices, claims, consents, requests and other communications required or
permitted to be given under this Agreement shall be in writing, the two parties may
also deliver the notice to the other party via Flash Kit, direct delivery, registered mail,
email or courier to the addresses of the parties set forth above, or to such other address
as either of the parties shall have furnished to the other in writing.
The Company
Postal Address: Suite 01-01, Level 1, Tower 5, Avenue 7, The Horizon, Bangsar
South City, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur
E-mail Address: my_nwta@flashexpress.my & mynwops@flashexpress.my

The Contractor
Postal Address: 3, Jalan Sri Emas 7/6, Taman Sri Emas, Sungai Mati, Serom, 84400
Ledang, Johor.
E-mail Address: zamhana50@gmail.com
Wan Mohd Nizam bin Jaafar

17.4 Force Majeure

In any case, Contractor shall not be responsible for any service failure or delay
resulted from or caused by events of force majeure, e.g. wars, strikes, riot, revolt,
terrorism, disturbance, natural disaster (including without limitation fire, flood,
typhoon, volcano eruption, earthquake, tsunami), explosion not caused by Contractor,
act of government (e.g. Customs detainment), pandemic, movement restriction order
or other orders issued by the international and domestic court.

17.5 Relationship of the Parties

In providing the Services under this Agreement, it is expressly agreed that the
Contractor is acting as an independent contractor and not as an employee. The
Contractor and the Company acknowledge that this Agreement does not create a
partnership or joint venture between them, and is exclusively a contract for service.
 The Parties acknowledged that this is a contract for service which refers to the
client-contractor type of relationship. The Contractor is the independent one who
agrees to provide the Services mentioned herein to the Company and would not be
considered as an employee which means mandatory employee benefits are not
applicable.

17.6 Non-waiver
Any failure or delay in exercise of the right hereunder in part or in whole by either
Party shall not be deemed or construed as a waiver of such right or any other rights
under this Agreement.
17.7 Amendment
17.7.1 No amendment, modifications or waiver of any provision of this Main Agreement
shall have any legal force or effect unless made by mutual consent and made in
writing by the Parties and duly signed by the authorised signatory of the Parties
hereto. For the avoidance of doubt, the Main Agreement refers in this clause shall
refer to the primary agreement executed by the parties which includes all the relevant
sections and provisions necessary for the execution of the Agreement and is explicitly
exclusive of the appendixes or attachments.
17.7.2 Notwithstanding the foregoing, the Company reserves the right to amend, modify, or
update the contents of the appendixes attached hereto at its sole discretion. The
Contractor acknowledges and agrees that the Company may from time to time, make
changes to any of the appendixes without the need to obtain the prior consent of the
Contractor. Any such amendments shall be effective upon notice to the Contractor,
and it is the responsibility of the Contractor to regularly review the appendix for any
updates. The Contractor further agrees that the Company shall not be liable for any
losses, damages, or claims arising out of, or in connection with, the amendments made
to the appendix, and the Contractor shall comply with the updated terms and
conditions set forth therein.
17.8 Exclusivity

The Company reserves the right to seek similar or identical services from other third
Parties which are to be performed or provided by the Contractor under this
Agreement.

17.9 Electronic Execution

The Agreement may be executed by the Parties electronically in accordance with the
Electronic Commerce Act 2006 (“ECA”). Any Party executing the Agreement
electronically shall comply with, and ensure that its authorised signatory is aware and
comply with the requirements of electronic signature pursuant to the ECA.
17.10 Counterparts
This Agreement may be executed in counterparts, each of which will be deemed to be
an original copy of this Agreement and all of which, when taken together, will be
deemed to constitute one and the same agreement.
17.11 Time
Time whenever mentioned herein shall be the essence of this Agreement.
17.12 Entire Agreement
This Agreement and the appendixes hereto and any supplementary agreement which
referred to this Agreement constitutes the whole agreement and understanding
between the Parties with respect to the subject matter of the Agreement and supersede
all prior agreements, negotiations and discussions between the Parties relating to the
subject matter or the Agreement.

(the remainder page shall be left blank intentionally)

IN WITNESS WHEREOF the Parties hereto have respectively duly executed this
Agreement as follows: -

Signed for and on behalf of )

FLASH MALAYSIA EXPRESS SDN. )
BHD. )
Company No.: 201601028302 )
(1199241-H)
in the presence of:

___________________________ __________________________________
Witness Name: Sham Jin Weng
Name: Koh Si Wei Designation: Assistant General Manager
Designation: of Flash Malaysia Express

Signed for and on behalf of )

[of Contractor] )
[NRIC No.: xxx] )
)

___________________________ _________________________________
Witness Name: Wan Mohd Nizam bin Jaafar
Name: Designation / NRIC No.: 980529-12-5839
Designation: