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Terms & Conditions

1. Purpose of Agreement

1.1 WHEREAS:
(a) Malaysia My Second Home (MM2H) is a programme promoted by the Government of Malaysia to allow foreign non-citizens of Malaysia who fulfil certain criteria to stay in Malaysia for as long as possible on a multiple-entry social visit pass and to allow applicant to bring their spouses and unmarried children below the age of 21 as dependants (“MM2H Programme”);
(b) A&W Consulting (MM2H) Sdn. Bhd. (Company No. 1058922-U) (“Agent Company”) is a company incorporated in Malaysia under the Companies Act 2016 and is a MM2H Licensed Agent Company (Licensed No. KPK/LN: MM2H 0526) under the Ministry of Tourism, Art and Culture Malaysia (“MOTAC”); and
(c) As a MM2H licensed agent company, the Agent Company is authorised to handle application process with the relevant authorities in West Malaysia, to assist participants to relocate in West Malaysia and to provide additional services to participants in relation thereto; and

1.2 The participant (“Applicant”) appoints the Agent Company to act as the Applicant’s agent to assist the Applicant in applying for the MM2H visa and/or pass (“the Application”) through MOTAC and/or Immigration Department of Malaysia (hereinafter collectively referred to as “the Approving Authority”) and other related services upon the terms and subject to the conditions herein contained.

2. Term

This Agreement shall be valid for a term of one (1) year from the date of signing this Agreement.

3. Scope of Service

3.1 The Agent Company will provide the Applicant with current, detailed and accurate information of the conditions of the MM2H Programme as required by the Government of Malaysia and the Approving Authority.

3.2. The Agent Company will conduct a pre-initial assessment of the Applicant’s qualifications to determine the Applicant’s eligibility to apply and evaluate the Applicant’s eligibility according to the Application Checklist and Financial Requirements provided by the Agent Company.

3.3 It is the Applicant’s responsibility to provide to the Agent Company all documents and information stated in the Application Checklist and Financial Requirements.

3.4 The Agent Company will provide consultation and reasonable assistance to the Applicant in order for the Applicant to be sufficiently informed as to the process of Application. The Agent Company will be responsible to do the following:
a. Ensure that the information and documents provided by the Applicant are tallied, in place, and complete and that no material fact or circumstance has been omitted.
b. Submit the required information, including translation for non-English documents from the Applicant, collating further supporting documentation and completing any questionnaires so that the relevant application materials may be properly completed.
c. Assign qualified personnel to act as the Applicant’s personal bond by filling, preparing, finalizing and signing the Personal Bond form for submission to the Approving Authority to ensure the applicant will have a good behaviour in Malaysia.
d. Notify the Applicant forthwith to correct irregular and/or incomplete documents or information and request for rectification. The Agent Company shall retain the right to charge an administrative fee for incomplete application materials submitted by the Applicant.
e. Inform the Applicant upon approval via receipt of the MM2H Conditional Approval Letter (“the Approval”) by the Approving Authority and the Applicant is to schedule visit to Malaysia within 6 months from the approval letter date in order to obtain the MM2H visa and/or pass endorsement.
f. Provide consultation service to the Applicant upon arrival to Malaysia to fulfil the conditions set out by the Approval Authority for the purpose of obtaining MM2H visa and/or pass which includes, medical check-up at the selected clinic, Fixed Deposit Placement, purchase Medical Insurance. The Agent Company shall not be held liable for any additional costs due to the change of rules imposed by the Government of Malaysia and/or Approving Authority.
g. Keep private and confidential of the Applicant’s personal information as well as such other related parties’ personal information came across in the course of the Application of MM2H Programme. Any disclosure of such Applicant’s personal information as well as such other related parties’ personal information shall only for the purpose of obtaining the approval of the Application unless otherwise required by law. Under no circumstances will any documents already submitted to the Government of Malaysia and/or Approving Authority.be returned to the Applicant (for security reasons) as the requisite documents or such supplementary are subjected to any rules by the respective authorities or parties.

4. Timeframe

4.1 Upon fulfilment of Financial Requirements by the Applicant and upon receipt by the Agent Company of all requisite documents stated in the Application Checklist and Fees for Application from the Applicant, the Approving Authority would normally issue the approval within six (6) months from the date of submission. The Agent Company has no influence on the approval, the approval date, the success and/or failure of the Applicant’s Application and shall not be held responsible as such.

4.2 In the event that the Applicant’s Application is successful, the Approving Authority will issue a conditional approval letter. The Agent Company shall inform the Applicant forthwith upon receipt of the conditional approval letter. It is the Applicant’s responsibility to comply with all the conditions stated in the conditional approval letter (“Approval”).

4.3 Within six (6) months from the date of the Approval, the Applicant must schedule visit to Malaysia to carry out the formalities of the Application before expiry of the Approval which is typically within six (6) months from the date of the Approval.

5. Payments and Refund Policy

5.1 The Applicant agrees to pay the Agent Company the application fee (“the Application Fees”) for the amount and in the manner stated in the Application Form.

5.2 In the event the Application is rejected by the Approving Authority for reason of neglect on the part of the Agent Company, the Agent Company agrees to make a one-time appeal to the Approving Authority with no additional charges or fee to the Applicant and should the Application still be rejected, the Agent Company agrees to return the full Application Fees to the Applicant within thirty (30) days after receiving the official letter by the Approving Authority.

5.3 However, if the Term of this Agreement has expired or if the Application cannot proceed further due to the Applicant’s refusal, failure, neglect, omission or negligence in delivering or submitting the requisite documents or such other supplementary documents as requested by the Approving Authority and/or the Agent Company from time to time or due to any other personal matters including giving up the Application voluntarily, loss of passports, declarations and document found not to be genuine, barred by the Immigration Department of Malaysia, change of nationality which directly impacts the Application or if it is found that the Applicant had committed a crime and/or had breached Malaysian Law at any material time or has been blacklisted and/or sanctioned by the Malaysian Government (including the Approving Authority) resulting in a failed Application, the Agent Company shall not be refunding the said Application Fees.

5.4 In the event the Applicant withdraws the Application [which shall be notified by the Applicant to the Agent Company in a formal letter (“Letter of Withdrawal”)] subsequent to the first payment but prior to the Approval, the balance payment shall not be due to the Agent Company unless the letter of withdrawal is received after Approval is obtained, in which case the full balance payment becomes due and payable by the Applicant to the Agent Company.

5.5 All fees stated herein does not include fees and estimated costs payable by the Applicant that is due to the Government of Malaysia, Approving Authorities, institutions, bodies, and persons (e.g. medical, housing, translation services, transport, etc) and any third parties which are chargeable on a case to case basis and shall be the responsibility of the Applicant to bear.

5.6 The Applicant shall pay the visa fee charges directly to the MM2H, Immigration Unit at such amount mentioned in the Approval letter. The Agent
Company shall not be held liable for any additional costs due to the change of rules imposed by the MM2H, Immigration Unit.

5.7 The Applicant agrees to pay the Agent Company additional fees and charges for additional add-on applications for dependents at RM2,000 per person.

5.8 If the Applicant obtains a new passport, the Applicant shall inform the Agent Company and provide the new and old passport to obtain the MM2H visa and/or pass endorsement unto the new passport. The Agent Company shall charge additional RM1,000 per person as service fee for such re-endorsement (which shall be exclusive of the visa fee charges due to the MM2H, Immigration Unit).

5.9 MM2H visa fee has to be submitted on-the-spot to the Malaysian Immigration Department. Additional payment of Journey Perform fees of RM530 per person shall be chargeable for conversion purpose in the event the Applicant and dependents (if any) entered into Malaysia by Tourist visa.

5.10 The Applicant shall bear all the cost for flights, hotel, sustenance and transport upon arrival.

5.11 The Applicant’s medical insurance costs will depend on individual circumstances and the insurance company’s policies.

5.12 In the event any of the Applicant’s dependents are unable to journey or enter Malaysia for the first endorsement of the MM2H visa in the first trip and is required to schedule another trip, there will be an additional RM1,000 service charge per additional trip.

5.13 The Applicant shall be responsible for the costs of the courier charges, English translation, public notarized or other charges for the Application materials.

5.14 All payments to the Agent Company shall be made by the Applicant within four (4) days from the date of issuance of the invoice by Agent Company to the Applicant (“Payment Due Date”). Any queries to issued invoices shall be made within 48 hours of receipt of the said invoice, failing which the sum stated in the invoice shall be deemed final and conclusive.

5.15 All amounts shall be paid by telegraphic transfer to the account stated and thereafter notified to Agent Company with proof of payment. If any amount to be paid to Agent Company is not paid in full, or properly credited by the Payment Due Date, then the Applicant shall pay to the Agent Company interest on the unpaid amount for the period beginning the 8th day from the invoice date at a rate of 1.5% per annum calculated on a daily basis until full and final settlement thereof.

5.16 Nothing in this Agreement shall impose an obligation to Agent Company to make any submission and endorsement to the Malaysian Immigration Department of Applicant’s document until payment has been made in full by the Applicant of all fees due and payable.

5.17 For avoidance of doubt, no payment shall be deemed to have been received by Agent Company until it has received full cleared funds.

5.18 We provide a 14 days cooling period for transactions paid via the company website, which clients can fully refund without any reason. Full refund can only be processed if the terms and conditions are fulfilled as per below:
a) Transaction made within 14 days cooling period; and
b) online submission for the case has not been made

6. Further and General Provisions

6.1 The Approving Authority stipulates the Applicant is allowed to bring a spouse and unmarried children below the age of 21 as dependants, and parents who are 60 years old and above (however, parents holding dependent visa which is required be renewed in every six (6) months’ time).

6.2 The Applicant and his family members, if any, must schedule a visit to Malaysia in person (for such medical check-up, Fixed Deposit Placement, and purchase of Medical Insurance) as well as be present at the MM2H, Immigration Unit to obtain the MM2H visa and/or pass endorsement within the time frame stated in Clause 4.3.

6.3 The MM2H visa and/or pass is initially for a period of ten (10) years subject to validity period of the Applicant’s passport. The MM2H visa and/or pass of dependents (if any) of the main Applicant shall be subjected to the validity period of the main Applicant. The Applicant and his/her dependents may appoint the Agent Company for re-endorsement on the renewed passport for the remainder of the validity period.

7. Obligation of Applicant

7.1 The Applicant undertakes that he/she will give full disclosure of vital information that may affect the Application and to provide authentic and genuine information and documents. All costs for inaccurate application materials that may lead to rejection of application shall be fully borne by the Applicant.

7.2 The Applicant is obligated to understand the whole application process and latest up-to-date MM2H related data, information and status as supplied by Agent Company. It is the responsibility of the Applicant to translate the documents into a language conversant by Applicant or alternatively to request the assistance of the Agent Company to apply for a translated document, at the Applicant’s own costs.

7.3 The Applicant shall submit all documents stated in Clause 3.3 within ninety (90) working days from the date of this Agreement to the Agent Company, failing which the Applicant shall be deemed to have voluntarily withdrawn his/her application and the application of his dependents (if any), unless such time is extended upon the written request of the Applicant and agreed to by the written consent of the Agent Company.

7.4 Fees payable to Government / Approving Authorities are subject to actual amount payable. Applicant must check whether it is a requirement of the Applicant’s country of citizenship that a travel visa is required before visit to Malaysia.

8. Duty to Keep Confidential Information

The Applicant shall ensure the confidentiality of the Applicant’s information and the contents of this Agreement. The Agent Company reserves the right to treat a breach of confidentiality of this Agreement by the Applicant as a breach of contract and hold the Applicant responsible for any loss or damage arising from the breach.

9. Indemnity

The Applicant hereby agrees to indemnify and hold harmless the Agent Company from and against all losses, damages, costs, expenses and liabilities as may be incurred or suffered by the Agent Company as a result of any criminal acts, fraud, misrepresentation, negligence, breach and non- cooperation by the Applicant of the Applicant’s obligations hereunder.

10. Governing Law

This Agreement and all the rights and liabilities of the parties hereto shall be governed by and construed in accordance with the laws of Malaysia.

11. Headings

The headings as to the contents of particular paragraphs of this Agreement are inserted for convenience and reference only and shall not be construed as a part of this Agreement nor be considered in construing the terms hereof.

12. Entire Agreement

This Agreement and the Application Form sets for the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and cancels and supersedes any prior oral or written agreement between the parties with respect to the subject matter. No alterations, additions, amendments or modifications to this Agreement shall be binding unless made in writing by parties.

13. Construction and Severability

In the event any parts of this Agreement are found to be void, the remaining provisions of this Agreement shall be binding with the same effect as if the void parts were not included.

14. Force Majeure

In the event either party fails to fulfil its obligations under this Agreement (other than an obligation for the payment of fees and/or charges), when such failure is due to an act of God, or other circumstances beyond its reasonable control, including but not limited to fire, flood, civil commotion, riot, war (declared and undeclared), revolution, embargoes, any action of a governmental entity, and change of policy of a government entity, then said failure shall be excused, provided that the such nonperforming party experiencing the force majeure provides the other with prompt written notice thereof and uses reasonable efforts to remedy effects of such force majeure.

15. Notices

A notice or other communication must be in English and shall be sent by courier at the address stated in the Application Form.


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