Submitted by a - Malaysia Digital Economy Corporation



TECHNOLOGY SOLUTION PROVIDERS (TSP) APPLICATION FORM(SME Business Digitalisation Initiative)[Company Name, ROC Number and Address]KINDLY SUBMIT TO Malaysia Digital Economy Corporation Sdn Bhd2360 Persiaran APEC63000 CyberjayaSelangor Darul EhsanEmail: clic@.myPhone No: 1-800-88-8338 (Within Malaysia)Fax No: +603 8315 3115 (Fax)Important Note Please read the instructions in the Application Form carefully and address all fields in full. All mandatory fields in the checklist must be answered. Please indicate “YES” or “NO” for each field, unless otherwise specified.This application form is to identify the TSP to be the part of the SME Business Digitalisation Initiative This initiative is led by BSN and supported by SME Bank and MDEC.Eligibility CriteriaThe Company represents and warrants that it has met and will continue to meet the following Eligibility Criteria during the period in which it is being listed as the TSP under the Initiative:Company incorporated under the laws of Malaysia; Must be at least 51% owned by Malaysians;Must have paid-up capital of at least RM50,000.00;Must have successfully deployed the digital solutions in any one of the 5 Digitalisation Areas; andMust have successfully deployed the digital solutions in any one or more of the 5 Digitalisation areas to at least 100 enterprises in total.Terms and Conditions to be fulfilled by the TSP The Company acknowledges and agrees that if this application is approved, it shall comply with the following terms and conditions during the period in which it is listed as the TSP under the Initiative: To strive to provide software as a service (SaaS) packages to the SMEs to ensure sustainability;To submit to MDEC proof of usage by its customers or clients of the relevant digital solution, as may be requested by MDEC;To conduct relevant technology related awareness sessions, workshops or trainings as value add to the SMEs, as well as to build the digital adoption ecosystem in Malaysia;To submit to MDEC business use cases or case studies in relation to digital adoption or digital transformation, for purpose of external sharing; andTo submit to the disbursing banks such information or document as may be requested by the disbursing banks, for purpose of disbursement of matching grant under the Initiative. Table of ContentsSection A Company InformationSection BDigital Transformation ExperienceSection C Submission Form & Supporting Document ChecklistSection DDeclarationAppendix 1Code of conductSECTION A: COMPANY INFORMATION1Name of Company2Company Registration Number3Incorporation Date4Registered Address5Current Business Address 6Telephone Number7Fax Number8Website9Primary Contact Person:Name10Designation11Email12Mobile13Direct LineNoQuestionsYES (Y) / NO (N)1Is your company registered under the laws of Malaysia?Y / N2Is your company at least 51% owned by Malaysian?Y / N3Does your company have a paid up capital of at least RM50,000.00?Y / NDeclaration of Interest Please provide details if any shareholder or director of the Company is an immediate family member (i.e. parent, sibling, spouse, child) of any director or employee of MDEC.Name of shareholder or director of CompanyWhether shareholder or directorName of director or employee of MDECRelationship1234SECTION B: DIGITAL TRANSFORMATION EXPERIENCE1Please select by ticking (/) the areas of digital solution being offered by your company (“Digitalisation Areas”)*Please note the TSP can be listed under one or more areas. (/)Digital Marketing / Sales(Encourages usage of digital marketing software that help SMEs plan, create, manage and optimize online advertising with detailed reports)Electronic point of sales (e-POS) system(Adoption of digital transaction technologies such as Point-of-Sale system software to simplify business operations)HR payroll system / CRM (Supports adoption of HR management and payroll system for automation in routine tasks e.g. payment of salaries and expenses or tracking working hours of employees)Procurement(Allows?organizations?to automate the process of?purchasing?goods/services and maintaining inventory. Manage all the?procurement-related processes. The solution is able to send and receive electronic documentations using common standards to ensure interoperability and reliability.)ERP / Accounting & Tax(Promotes usage of accounting software to increase efficiency through reduction of mundane operations e.g. generating account entries and tax records)2Are your products / solutions developed locally?Y / N3Has your company successfully deployed the digital solutions in any one or more of the 5 Digitalisation Areas listed above to at least 100 enterprises in total.(The enterprises must not be subsidiaries or affiliates of your company.)Y / N4If yes, kindly elaborate further and share a list of 100 enterprises and solutions deployed as follow;Details of the project;Client Name, brief description of the business assisted, solution deployed and industry verticalNoClient NameBrief description of the business assistedSolution deployedIndustry vertical123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100.SECTION C : SUBMISSION FORM & SUPPORTING DOCUMENT CHECKLIST1. One softcopy of the following documents:Note: Please note that certified true copies are required for all supporting documents. Certified true copies must be certified by Commissioner for Oath, Company Secretary or Company's Auditor.Kindly note that soft copies of all documents are required in PDF Format. No.ItemPlease Tick ()1Fully completed and signed TSP Application Form (one word doc and one pdf format)2Company profile3Latest SSM search and Certified True Copy of Form 9, full set of Form 24, Form 32A (if applicable), Form 44, Form 49, and M&A of the Company (copy submitted should be 2 months from the date of this application)Note: For companies registered from 31st January 2017 onwards, you may furnish the ‘super form’, which is an electronic template which will replace the various forms currently required for incorporation. Kindly refer to the SSM website. 4Supporting documents for Section B, must include sales brochures, product/digital solution listings, evidence of supporting 100 clients, minimum 5 client testimonials in any digitalisation area, or such other documents as may be accepted by MDEC.Applicant maybe required at any time to show proof of engagement with clients by MDEC. This is also subject to future audit.SECTION D: DECLARATIONWe, ……………………………………………………. <company name> ……………. <company no.> (the “Company”) hereby declare and state the following:2. Intention to Apply The Company intends to apply to Malaysia Digital Economy Corporation Sdn Bhd (“MDEC”) to become a Technology Solution Providers (TSP) to assist the Malaysian SMEs in the implementation of digital solution(s), under the SME Business Digitalisation Initiative (“Initiative”). 3. AcknowledgementThe Company acknowledges that the submission of this application and/or the fulfilment of the Eligibility Criteria stated below do not create an obligation or guarantee on the part of MDEC to approve the application herein. If this application is approved, the decision will be conveyed by MDEC to the Company. If the application is rejected, the decision conveyed by MDEC to the Company shall be final and is not open to appeal or any other recourse by the Company. The Company acknowledges and agrees that if this application is approved, the Company will be listed as the TSP under the Initiative for a period of 1 year, via any platform(s) as may be deemed suitable by MDEC and the disbursing banks, namely Bank Simpanan Nasional (BSN) and SME Bank, for the access and selection by the SMEs. The selection of TSP is at the discretion of the SMEs. MDEC shall have the discretion to review and cease the listing of the Company as the TSP under the Initiative at any time. The Company acknowledges and agrees that MDEC makes no representation and/or warranty, whether express or implied, to any risks to which the Company or any third party, is or may be exposed to by being listed as the TSP under the Initiative; and that MDEC will not be a party to any contract for the sale of any goods and/or services by the TSP and will not be liable to the TSP or any third party howsoever arising.The Company acknowledges and agrees that by submitting this application, the Company has given its consent and/or has obtained the necessary consent (if the information belongs to a third party) for MDEC to use the information submitted in this Application for the purposes deem appropriate by MDEC, including but not limited to disclosing the information to such persons involved in the processing of this application (including without limitation MDEC’s employees, consultants, agents, advisors and/or such other persons as may be appointed by MDEC) and/or use any of the information for the purposes of awareness session, workshop, training, use case, case study, consolidation, analysis and/or preparing statistics. The Company hereby represents and warrants to MDEC that the Company has read and understood the code of conduct as specified in Appendix 1 (“Code of Conduct”) and agreed to be bound by the terms of the Code of Conduct and the Company has not breached and shall not breach any of the terms of the Code of Conduct applicable to the Company.Eligibility CriteriaThe Company represents and warrants that it has met and will continue to meet the following Eligibility Criteria during the period in which it is being listed as the TSP under the Initiative:Company incorporated under the laws of Malaysia; Must be at least 51% owned by Malaysians;Must have paid-up capital of at least RM50,000.00;Must have successfully deployed the digital solutions in any one of the 5 Digitalisation Areas; andMust have successfully deployed the digital solutions in any one or more of the 5 Digitalisation areas to at least 100 enterprises in total.Terms and Conditions to be fulfilled by the TSP The Company acknowledges and agrees that if this application is approved, it shall comply with the following terms and conditions during the period in which it is listed as the TSP under the Initiative: To strive to provide software as a service (SaaS) packages to the SMEs to ensure sustainability;To submit to MDEC proof of usage by its customers or clients of the relevant digital solution, as may be requested by MDEC;To conduct relevant technology related awareness sessions, workshops or trainings as value add to the SMEs, as well as to build the digital adoption ecosystem in Malaysia;To submit to MDEC business use cases or case studies in relation to digital adoption or digital transformation, for purpose of external sharing; andTo submit to the disbursing banks such information or document as may be requested by the disbursing banks, for purpose of disbursement of matching grant under the Initiative. True and Accurate The Company hereby declares that all information and documents furnished, or to be furnished to MDEC, in connection with this application does not contain any untrue statements and the Company has not omitted to state any fact(s), the omission of which makes such statements misleading.Personal Data Protection Statement The Company hereby represents and warrants that with regard to the personal data (as defined under the Personal Data Protection Act 2010) provided to or to be provided for the purpose(s) of and/or in connection with this application, the Company has given and/or obtained the required consent for MDEC to process the personal data in question. The Company agrees that, with regard to the personal data which may be provided by MDEC to the Company for the purpose(s) of and/or in connection with this application, the Company shall comply with the Personal Data Protection Act 2010. The Company hereby confirmed that the Company have read, understood and agree to the Personal Data Protection Statement of MDEC at 1CODE OF CONDUCT Malaysia Digital Economy Corporation Sdn Bhd (“MDEC”) expects its bidders, suppliers, contractors, consultants or other service providers (“Suppliers”), recipients of cash grants or sponsorship from MDEC (“Recipients”), persons who participate in any of the programmes launched or undertaken by MDEC (“Participants”) and its clients (“Clients”) to conduct their respective businesses in the most ethical and professional manner.This Code of Conduct sets out the minimum criteria which must be observed and complied with by all Suppliers/Recipients/Participants/Clients.A Supplier/Recipient/Participant/Clients must not participate/commit or be involved in or fall within one or more of the following events/categories (collectively “Blacklist Events” and severally a “Blacklist Event”): -be engaged in or has the reputation of engaging in Corrupt, Fraudulent, Collusive, Coercive, Unethical or Obstructive Practices; orin respect of any Bids or other Business Dealings with MDEC, be engaged in or has engaged in Corrupt, Fraudulent, Collusive, Coercive, Unethical or Obstructive Practice in securing that Bid or other Business Dealing with MDEC or in relation to or in the course of its Business Dealings with MDEC has engaged in such practices with third parties; orwhere the Supplier/Recipient/Participant/Clients has had or has current Business Dealings with MDEC, that Supplier/Recipient/Participant/Clients: -has breached any confidentiality obligation towards MDEC; orhas breached any material term in the relevant contract, agreement, option, arrangement or Project with MDEC or committed any material misrepresentation resulting in the relevant contract, agreement, option, arrangement or Project being terminated; oris in litigation with MDEC, either as plaintiff or defendant or has arbitration proceedings with MDEC; orwhere the Supplier/Recipient/Participant/Clients has breached any provision in this Code of Conduct including without limitation Clause 2 below.In respect of any Business Dealing with MDEC, the Supplier/Recipient/Participant/Clients must ensure that there is no Conflict of Interest and must declare and disclose any Conflict of Interest or potential Conflict of Interest. A Conflict of Interest scenario will arise where: the Supplier/Recipient/Participant/Clients (or any of its directors, shareholders, officers or partners, as the case may be) has a close business or family relationship with a member of the Senior Management or member of the Procurement Committee or member of such other committees of MDEC as part of the procurement process, Bid/Application process and blacklisting process of MDEC or a director on the Board of Directors of MDEC or any other Employee who is directly or indirectly involved in the preparation of the bidding documents or is involved in the bid evaluation process or in the implementation or supervision or operation or enforcement of the Project; orthe Supplier submits more than one Bid, either individually or as a joint venture partner in another Bid or where an Immediate Family member of the Supplier or of a Person Associated with the Supplier or a Person Associated with the Supplier, whether directly or indirectly is in another Bid; orthe Recipient/Participant submits more than one Application, either individually or as a joint venture partner in another Application or where an Immediate Family member of the Recipient/Participant or of a Person Associated with the Recipient/Participant or a Person Associated with the Recipient/Participant, whether directly or indirectly in another Application.The Supplier/Recipient/Participant/Clients shall ensure that all information furnished to MDEC shall be true and correct at all material times and shall furnish any further information as may be required by MDEC from time to time. The Supplier/Recipient/Participant/Clients shall and shall ensure that Persons Associated with the Supplier/Recipient/Participant/Clients shall co-operate fully with MDEC in respect of any Complaint or any other information as may be requested of them.The Supplier/Recipient/Participant/Clients shall ensure that it shall comply with and it shall procure that Persons Associated with the Supplier/Recipient/Participant/Clients shall comply with, to the extent applicable to them, the provisions of this Code of Conduct including without limitation any confidentiality obligation or information.Save as otherwise permitted in writing by MDEC, the Supplier/Recipient/Participant/Clients shall keep confidential and shall ensure that Persons Associated with the Supplier/Recipient/Participant/Clients keep confidential all or any information which the Supplier/Recipient/Participant/Clients or the Persons Associated with the Supplier/Recipient/Participant/Clients received in respect of or in relation to any internal processes of MDEC and which should not have been disclosed or made known to or received by the Supplier/Recipient/Participant/Clients and/or Persons Associated with the Supplier/Recipient/Participant/Clients in the first instance.The Supplier/Recipient/Participant/Clients shall ensure that it shall comply with and that it shall procure that Persons Associated with the Supplier/Recipient/Participant/Clients comply with all applicable laws and regulations with respect to the conduct of its business and further undertake that it shall not and shall ensure that Persons Associated with the Supplier/Recipient/Participant/Clients shall not undertake or be involved in (whether directly or indirectly) with any of the following activities: -fix prices or terms related to pricing; orengage in any anti-competitive activity; orrig a competitive bidding process; orengage in any money-laundering activity.The Supplier/Recipient/Participant/Clients shall furnish and shall ensure that Persons Associated with the Supplier/Recipient/Participant/Clients shall furnish their fullest co-operation with MDEC in respect of any request for information by MDEC.The Supplier/Recipient/Participant/Clients acknowledges that MDEC is at liberty to vary or modify this Code of Conduct including without limitation, the procedures relating to any enquiry or investigation from time to time.The Supplier/Recipient/Participant/Clients further acknowledges that in the event of any failure of the Supplier/Recipient/Participant/Clients to observe and comply with or cause to be observed and complied with any provision of this Code of Conduct, MDEC on receipt of a complaint (“Complaint”) and after investigation, is at liberty to, without prejudice to any other right or remedy available to MDEC, blacklist the Supplier/Recipient/Participant/Clients name onto the blacklist register of MDEC for such duration of time as decided by MDEC (“Blacklist Period”) and the blacklisted Supplier/Recipient/Participant/Clients will not be permitted to have any Business Dealing with MDEC during such Blacklist Period and any existing Business Dealing may cease or terminate at the discretion of MDEC. For avoidance of doubt, MDEC is at liberty to include any Person Associated with the blacklisted Supplier/Recipient/Participant/Clients onto that blacklist register as well. In respect of a Complaint, the Supplier/Recipient/Participant/Clients acknowledges and is aware that MDEC has the discretion whether or not to inform the Supplier/Recipient/Participant/Clients that it is being investigated and may be blacklisted and/or the grounds of the blacklisting or any decision made in relation to such blacklisting. In respect of an existing Business Dealing, where the Supplier/Recipient/Participant/Clients is blacklisted in the course of the Business Dealing, without prejudice to any other rights available to MDEC, MDEC has the liberty to terminate the existing Business Dealing.The Supplier/Recipient/Participant/Clients is aware and irrevocably consents that information (including personal data) relating to the Supplier/Recipient/Participant/Clients and any Persons Associated with the Supplier/Recipient/Participant/Clients furnished to MDEC will be or is made available to the Employees, Procurement Committee and such other committees of MDEC as part of the procurement process, Bid/Application process and blacklisting process of MDEC and this Code of Conduct.The Supplier/Recipient/Participant/Clients undertakes that it shall furnish a copy of this Code of Conduct to Persons Associated with the Supplier/Recipient/Participant/Clients in so far as such Persons Associated with the Supplier/Recipient/Participant/Clients are or will be involved in the Business Dealing.For purposes of this Code of Conduct, the following terms and expressions shall have the following meaning save where the context otherwise requires or is separately defined: -“Application” shall mean an application to MDEC for cash grant or sponsorship or for participation in a programme operated or undertaken by MDEC, as the context may require.“Bid” shall include a tender, proposal in respect of a contract, award or Project.“Business Dealings” shall include but not limited to: -the supply of goods or services to or by MDEC or the submission for Bids for the supply of goods or services to or by MDEC, whether directly or indirectly;the receipt of cash grants or sponsorship from MDEC; and/orparticipation in any of the programmes launched or undertaken by MDEC.“Coercive Practice” shall mean an act which impairs or harms or which threatens to impair or harm, directly or indirectly, any Person or the property of the Person to influence improperly the actions of that Person.“Collusive Practice” shall mean an arrangement between two or more Persons designed to achieve an improper purpose, including to influence improperly the actions of another Person.“Complaint” shall have the meaning ascribed to it in Clause 9 above.“Complainant” shall mean the Person making the Complaint.“Corrupt Practice” shall mean any act offering, giving, receiving or soliciting, directly or indirectly, any type of Gratification to influence improperly the actions of another Person.“Employee(s)” shall mean the person(s) engaged by MDEC under an employment contract or contract for services, as the case may be.“Fraudulent Practice” shall mean any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a Person to obtain a financial or other benefit or to avoid an obligation.“Gifts” shall mean any gift of a substantial value or of a cash or non-cash nature or the offer of gratuitous services whether actual or potential and whether offered/made directly or indirectly or whether made to an Employee or to his/her Immediate Family. “Gifts” shall exclude any gifts of a festive seasonal nature, which are consumable or a “souvenir” items such as calendars, diaries, desk diaries, which have no monetary value or of low monetary value (less than RM250).“Gratification” shall mean: -Gifts;any office, dignity, employment, contract of employment or services; and agreement to give employment or render services in any capacity;any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;any valuable consideration of any kind other than Gifts, any discount, commission, rebate, bonus, deduction or percentage;any forbearance to demand any money or money's worth or valuable thing;any other service or favour of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted and including the exercise or the forbearance from and exercise of any right or any official power or duty; andany offer, undertaking or promise, whether conditional or unconditional, of any gratification, within the meaning of any of the preceding clauses (a) to (f).“Immediate Family” shall mean: -in respect of a Supplier/Recipient/Participant/Clients who is an individual or a Person Associated with that Supplier/Recipient/Participant/Clients who is an individual for example, a director or an officer or shareholder shall mean the spouse, parent, child (including adopted child or step-child), brother or sister, spouse of his/her child, brother or sister of that individual; andin respect of an Employee or a director or other officer of MDEC shall mean the spouse, parent, child (including adopted child or step-child), brother or sister, spouse of his/her child, brother or sister of that Employee or director or other officer of MDEC.“Obstructive Practice” shall mean any action which: -deliberately destroys, falsifies, alters or conceals evidence material to the investigation or makes false statements to investigators in order to materially impede the investigation into allegations of a corrupt, fraudulent, coercive or collusive practice and/or threatens, harass or intimidates any Person to prevent it from disclosing its knowledge of matters relevant to the investigations or from pursuing the investigation; orare engaged in acts intending to materially impede the exercise of any inspection and audit rights.“Participant” shall mean a Person who/which participates in a programme operated or undertaken by MDEC.“Person” shall mean individuals, firms, partnerships, corporations, organisations, regulatory authorities or public bodies.“Persons Associated with the Supplier/Recipient/Participant/Clients” shall mean the directors, shareholders, partners, officers or Immediate Family of the Supplier/Recipient/Participant/Clients (if an individual) or the Immediate Family of its directors, shareholders, partners, officers or the agents, sub-consultants, sub-contractor or service providers of the Supplier/Recipient/Participant/Clients.“Procurement Committee” shall mean the committee within MDEC which is involved in procurement activities including but not limited to the submission of bids.“Project” shall mean the undertaking, task, job, scheme, plan, development, endeavour, grant, sponsorship, programme, assignment or purpose which is the subject matter of the Business Dealing.“Recipient” shall mean a recipient of a cash grant or sponsorship from MDEC.“Senior Management” shall mean Employees holding the post of Director/Head of Division and above.“Unethical Practice” shall mean the submission by the Supplier/Recipient/Participant/Clients of more than one Bid or Application (whether directly or indirectly), non-disclosure of material or incorrect information in respect of the bid or during a Business Dealing, involvement in price fixing practices (whether in relation to a bid, during the Business Dealing or otherwise), permitting or allowing a conflict of interest situation to arise in a bid or during a Business Dealing which may adversely affect or adversely affects the potential Business Dealing or Business Dealing.In this Code of Conduct: -words importing the singular include the plural and vice-versa, words importing a gender include every gender.references to Clauses are to clauses in this Code of Conduct. The headings to the Clauses do not affect the interpretation of this Code of Conduct.<the remainder of this page is intentionally left blank>Submitted by and on behalf of ……………………………………………. <company name>………………. <company no.>:SignatureNameNRICDesignationPhoneEmailDateSignature of witnessNameNRICDesignationPhone EmailDate ................
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