GENERAL TERMS
TECHPASS operates exclusively as a digital e-commerce subscription platform. By transacting with us, the Customer acknowledges that:
i) All services are provided via a fully remote model with no physical branch locations or walk-in centres. All correspondence and service requests must be conducted solely via our official website or designated email. Techpass reserves the right to modify website content, features, and documentation at any time without notice.
ii) Order Acceptance & Pricing: Receipt of an order confirmation does not constitute acceptance; we reserve the right to decline any order at our discretion. Prices are confirmed only upon processing, and we reserve the right to cancel orders due to pricing errors or product unavailability.
iii) All products and services are provided on a strictly “as-is” and “supply-only” basis. Techpass is a infrastructure provider and does not provide technical assistance, live-chat troubleshooting, or help-desk support.
iv) By transacting with us, you consent to the collection and use of your data per our Privacy Policy. Techpass may share information with financial partners and credit bureaus regarding outstanding payments. Consent cannot be withdrawn while active payment obligations remain.
v) Irrevocable Acceptance: By subscribing, registering, or completing any payment (including deposits), the Customer provides irrevocable consent to these Terms and Conditions. This action constitutes a formal waiver of any future claims of ignorance regarding the scope, technical limitations, or requirements of this agreement.
1) ELIGIBILITY REQUIREMENTS
a) Corporate Subscriptions
i) Must be a Singapore- registered Company
ii) Requires an authorized representative with verifiable corporate email and mobile number
iii) Provides a registered office address and valid delivery address
iv) Must use a Techpass approved payment method held by an authorised user
b) Individual Subscriptions
i) Must be a Singapore Citizen or Permanent Resident
ii) Must be at least 18 years old and legally eligible to enter into contracts
iii) Must provide a verifiable email, mobile number and valid Singapore residential/ delivery addresses
iv) Must use a Techpass approved payment method held by an authorised user.
c) Verification and Approval
i) Techpass reserves the right to request additional documentation for verification
ii) Subscriptions are subjected to credit and risk assessments. Techpass maintains sole discretion to reject applications or cancel orders.
iii) In the event of a cancellation, a full refund will be issued
2) CREDIT AND RISK ASSESSMENTS
i) You authorize Techpass to conduct identity, credit and risk assessments via third parties to verify your eligibility and compliance. We may share your information with affiliates or service providers as required for the service and disclose payment history or defaults to MAS-accredited credit bureaus
ii) Techpass may obtain credit reports from licensed Singapore bureaus. We reserve the right to accept or reject applications and payment method based on credit scores and repayment history
iii) Delays or defaults may be reported to credit bureaus
iv) Techpass may perform subsequent credit checks during the subscription term to review creditworthiness
3) SUBSCRIPTION PERIOD
i) The subscription begins upon delivery of products or services and continues for the duration specified in the order confirmation
ii) The minimum commitment is defined in the order confirmation
iii) Unless written notice of termination is provided at least 90 days prior to the end of the term, the subscription automatically renews on a monthly basis
iv) Following the minimum commitment period, either party may terminate the agreement with 90 days written notice
v) The customer is responsible for the return of all products, accessories and consumables within 7 days upon the end of the subscription period
4) DEPOSITS AND PAYMENTS
i) A Security Deposit equivalent to One Month’s Subscription and the First instalment are due upon credit approval for Product Subscriptions. A Standard Activation Fee and First Month Instalment are due upon credit approval for Services Subscription. Payments must be made in full without setoff or deduction via Direct Debit, PayNow, GIRO or Bank Transfer
ii) Recurring billing occurs monthly on the same calendar day as the activation date. For the purposes of this agreement, the activation date is defined as the confirmed delivery date of the equipment
iii) Deposits are non-refundable and will apply towards the final subscription payment or any outstanding liabilities at the end of the term.
iv) Techpass reserves the right to adjust subscription rates. Revised fees will only take effect upon the commencement of a renewal period
v) The customer is responsible for all applicable taxes, duties, or governmental assessments
5) DELIVERY
i) Products and Services are dispatched within 30 days of receiving applicable payments and deposits. The subscription period commences upon receipt of your products
ii) Risk of loss passes to you upon delivery to the carrier for initial and return shipments. For returns, risk reverts to Techpass upon our physical receipt of the device.
iii) While Techpass employs reasonable efforts to meet delivery dates, we are not liable for delays caused by external factors (e.g. supplier issues). However, if delivery is delayed by more than 30 days beyond the schedule date, you may terminate the agreement and receive a full refund
6) COOLING OFF PERIOD
i) Subscribers may return the devices within seven (7) days of receipt. All returns must be in their original, unopened, and sealed packaging
ii) Applicable Fees for open, unsealed returns: $60.00 per product apply for repacking, processing and restocking
iii) Cancellation of fixed term subscriptions after the 7-day cooling off period are subjected to early termination fees as detailed in Clause 9
iv) Subscription plans may only be modified or amended with prior written consent from Techpass
7) PAYMENTS AND LATE FEES
i) A recurring payment notification is sent 7 – 14 days prior to the due date.
ii) Late fees for each individual product or services hardware:
iii) Initial late payment: $30.00
iv) Subsequent late payments: $60.00
v) Failure to pay within 14 days of the due date constitute a material default. Techpass reserves the right to suspend the account and initiate device retrieval.
8) DEFAULT AND TERMINATION
a) Events of defaults occurs if you:
i) Fail to pay subscription or outstanding fees within 14 days of the due date
ii) Fail to return the device upon termination
iii) Perform unauthorized third-party repairs and modifications
iv) Breach of any term and failure to remedy within 14 days of written notice
v) Provide false information or attempt unauthorized sale/ transfer of device
vi) Engage in fraud, Face insolvency, bankruptcy, or cessation of business
b) Upon default, Techpass reserves the right to:
i) Terminate agreement ending your use of the product or services
ii) Charge early termination fees and non-return fee as detailed in Clause 9
iii) Attempt device recovery
iv) Report the default to relevant credit bureaus
v) Engage collection agencies or legal counsel at your expense, including legal fee incurred on an indemnity basis.
vi) Convenience and Service Adjustments
c) Techpass right to terminate:
i) Techpass reserves the unilateral right to terminate this Agreement or any specific services (including Hardware Subscriptions, Managed Ads and Managed Hosting) at its sole discretion by providing thirty (30) days’ notice to the Customer. Upon such termination, the Customer shall return all hardware per Clause 10, and Techpass shall refund any pre-paid fees for services not yet rendered.
j) Pricing Policy: Techpass endeavours to main stable pricing; adjustments to subscription rates typically apply only to new customers and are reflected on the official Techpass website.
k) Market-Based Adjustments: Notwithstanding Clause 8c (ii) Techpass reserves the right to adjust active subscription rates in response to significant market volatility, including but not limited to, fluctuations in procurement costs, logistics spikes, or third-party service rates hikes (e.g. Ad platforms or Hosting providers).
l) Customer Protection: In the Event of an adjustment under Clause 8c (iii), Techpass shall provide thirty (30) day’s written notice. Should the customer decline the revised rate, they may terminate the affected service within the notice period by returning all associated hardware per Clause 10, without being subject to Early Termination Charges.
9) EARLY TERMINATION CHARGE AND NON-RETURN FEES
a) In the event of subscription termination for any service including Products (Desktop, Laptop, Printers) and Services (Managed Suite Hosting, or Managed Ad Services) prior to the expiration of the fixed term, the Customer shall be liable for an Early Termination Charge calculated as the sum of the remaining monthly payments for the balance of the subscription period., the following conditions apply
b) Early Termination Charge: An early termination charge shall be imposed per Product (Desktop, Laptop, Printers) or Services (Managed Ads Services, Managed Suite Hosting), calculated as the sum of the remaining monthly payments for the balance of the subscription period. For example, if a 12-month subscription at $100/month is terminated after 6 months, a final payment of $600 (6 months x $100) is due immediately
c) To initiate termination, customers must contact Techpass. The subscription will be considered terminated only upon receipt of the full early termination charge and return of the products and services hardware and consumables.
d) Upon payment of the Early Termination Charge, the products and services hardware and consumables and all original accessories must be returned in their original packaging to Techpass within seven (7) working days.
e) Failure to return the product or services hardware and consumables by the required deadline will result in Non-Return Charges (For Product Subscriptions) and may trigger default as detailed in Clause 8.
f) The non-return charges are calculated as the product or services value (Recommended Retail Price as determined by Techpass) less 80% of the total subscription fee paid and Early Cancellation Charge.
g) For example, if a 12- month subscription at $100/month is terminated after 6 months for a device valued at $3000:
i) Early Cancellation Fee $600
ii) Non-Return Fee: $3000 – (80% of $600 paid) = $2520
iii) Total Due: $600 + $2520 = $3120
iv) Payment of Non-Return Charges does not constitute a sale or transfer of title.
10) RETURN OF PRODUCTS AND SERVICES HARDWARE, CONSUMABLES
a) Contact Techpass prior to returning the products or services hardware to obtain the designated shipping address and logistics instructions
b) You are solely responsible for all return shipping arrangements and cost to Techpass designated location. Risk of loss or damage remains with you until Techpass formally receives the device. Techpass is not liable for transit damages or delays
c) Prior to return, you must backup and erase all personal data and disable all security locks. All products will undergo professional data wiping upon receipt of the devices and all data is permanently irretrievable
d) Products, product accessories, services hardware and consumables must be in their original condition (fair wear and tear excepted) and include all original packaging and accessories with products unlocked with personal data erased and security features such as password and accounts disabled and removed. The following charges applies for incomplete returns with payment obligations unaffected by user disputes:
e) Missing packaging/ accessories: $60 per product
f) Reset fee: $320 per product
g) If a product and services hardware and consumables cannot be reset without your credentials, month-to-month billing will continue until the issue is resolved
11) ACCIDENTAL DAMAGE, REPAIRS, AND HARDWARE SWAP POTOCOL
a) Reporting Requirements – The Customer must report any damage, theft, loss, or injury to Techpass within 24 hours. In cases of theft or loss, a police report must be filed within 24 hours and provided to Techpass. Failure to report within 48 hours constitutes a material breach of this agreement.
b) Condition upon Return Hardware and consumables must be returned in their original condition. Any deterioration or damage must be reported immediately in writing. Techpass provides no warranties or insurance; the Customer is responsible for all refurbishment and repair costs arising from defects, malfunctions, or accidental damage.
c) Unauthorized Repairs All repairs must receive prior written approval and be conducted exclusively by Techpass or its authorized vendors. Unauthorized third-party repairs are strictly prohibited and will result in the Customer being charged the Full Replacement Value of the device.
d) Remote-Only Swap Model Techpass operates as a Remote-Only model. We do not provide on-site technical assessments or walk-in services. All hardware swaps are conducted via a “Return-for-Replacement” model coordinated solely through Techpass logistics partners.
e) Mandatory Service Swap Fee A flat Service Swap Fee of $320.00 per unit applies to all hardware replacements. This fixed administrative and technical charge covers:
- Irreversible Data Destruction: Upon receipt, all storage media (HDD/SSD) undergo a mandatory data erasure process. All Customer data will be permanently erased. Techpass is not liable for data loss; the Customer is solely responsible for backing up all files prior to surrendering the device.
- Unit Preparation: Technical labour for configuring, testing, and imaging the replacement device.
f) Exclusive Logistics & Security Mandate To maintain security, all equipment movements must be arranged exclusively by Techpass.
g) Logistics Fees: Laptops/Desktops are charged $20.00 per way ($40.00 round-trip). Printers/Heavy Equipment are charged $40.00 per way ($80.00 round-trip).
h) Prohibition: Customers are strictly prohibited from using 3rd-party couriers or attempting self-drop-offs at any Techpass registered address. Risk remains with the Customer until Techpass confirms receipt.
i) Non-Defect Diagnostic Fee If a returned unit is tested and found to be in full working order (i.e., “failure” was due to user error or software settings), a Diagnostic Fee of $120.00 shall be charged in addition to the Swap Fee and logistics costs.
j) Final Returns & Data Waiver Standard collection at the natural expiration of a subscription term is provided complimentary (no logistics fee). However, the Irreversible Data Destruction policy remains in effect; any data left on devices will be destroyed immediately and is irretrievable.
k) Liability Limitation Techpass reserves the right to provide replacement hardware of similar or equivalent specifications. To the maximum extent permitted by law, Techpass shall not be liable for any indirect, incidental, or consequential damages, including loss of profits or data, arising from the repair or replacement process.
12) PRODUCT OWNERSHIP, USE AND MANAGEMENT
a) Products, services hardware and consumables remain the property of Techpass. You hold no rights or interest in the equipment. Techpass may register device identifiers (IMEI/Serial) with theft prevention databases and reserve the right to assign its interests or the products to third parties without prior notice.
b) No intellectual property rights in the product or services are transferred to you. You must obtain all necessary licenses and permission for device use and comply with applicable laws. Techpass disclaims liability for intellectual property violations or related incidental or consequential damages.
c) You are responsible for the product and services hardware and consumables from delivery until its return. You must:
d) Use the products and service hardware and consumables solely for its intended purposes at the registered location and in compliance with all applicable laws
e) Maintain the device in good condition (fair wear and tear excepted);
f) You shall not modify, enhance, sell, pledge, lend or dispose of the products and service hardware and consumables nor use it for any illegal activities
g) Techpass may utilize products or device management software to monitor security and prevent unauthorized use.
13) DATA RESPONSIBILITY AND LIABILITY
a) You are solely and exclusively responsible for maintaining independent backups of all data. You must perform a factory reset and disable all security features before returning any products or services hardware
b) Upon return, all devices undergo a permanent data destruction process.
c) It is your sole responsible to back up all data prior to any returns
d) Techpass is not liable for any data loss during the wiping process
e) Techpass shall not be liable for any loss, corruption, or inaccessibility of data regardless of the cause. This includes but is not limited to: hardware failure, software bugs, malware or viruses, repair, refurbishment or replacement process, subscription termination or non-renewal
f) Remote management, BitLocker lockouts or third-party interventions
g) You acknowledge that data loss is permanent and unrecoverable. Techpass has no obligation to restore or recover data. You irrevocably waive any right to seek damages or remedies related to data loss and agree to indemnify Techpass against any claims arising from such loss.
14) NATURE AND SPECIFICATIONS OF RENTAL SUBSCRIPTIONS
a) This subscription applies exclusively to the physical hardware of our Products and Services. All pre-installed firmware, software or third-party applications are provided solely as a non-contractual convenience on a strictly “as-is” and “as-available” basis.
b) The Subscription Fee covers the right to physically possess and use the hardware for the duration of the term. No portion of the subscription fee is attributed to licensing, maintenance or support. No ownership, title or licensing rights are transferred.
c) The subscriber acknowledges that Techpass is not responsible for installation, driver setup, network troubleshooting.
d) Techpass reserves the right to modify the hardware physical appearance, dimensions, or aesthetic build at its sole discretion. While Techpass endeavours to meet the performance standards in the order form, technical specifications (e.g. processor speed, storage, memory) are subject to change. Techpass may provide a product or service hardware equivalent or similar to the original specifications
e) Techpass disclaims all responsibility for firmware, software and third-party applications functionality, stability, security, licensing or activation status as it is provided as a strictly non-contractual convenience on an “as-is” and “as-available” basis. Any preinstalled firmware, software and third-party applications related failures is not considered a product defect and does not entitle the subscriber to repair, replacement or refund.
f) By using Techpass products or services, you agree to be bound by the End User License Agreement of all firmware, software and third-party applications providers. Techpass is not a party to these agreements and shall not be liable for any breach of third-party terms or disputes arising therefrom.
g) To the maximum extent permitted by law, Techpass disclaims all warranties regarding all pre-installed firmware, software and third-party applications including merchantability or fitness for a particular purpose. The subscriber bears exclusive risk for data loss, security breaches, or business interruptions.
h) Techpass makes no representations and warranties, express or implied, regarding the continued use, functionality, compatibility, uptime, or error-free operation of the product and services hardware, firmware, software, third party applications and consumables.
i) You have seven (7) days from delivery to inspect the product or services hardware and consumables. Unless written notice of a material hardware defect is provided within this period, the product or services is deemed accepted. Usage of the product of services during this window constitute acceptance of its configuration. Following this period, the product and services are provided “as-is”
15) DEVICE UPDATES AND BITLOCKER POLICY
a) You are prohibited from performing or authorizing any updates including drivers, bios, firmware, software, third party applications without prior written consent from Techpass. Unauthorized modifications are prohibited to prevent system instability and data loss.
b) BitLocker is disabled by default; Techpass does not maintain or provide recovery keys. Techpass reserves the right to enable or activate BitLocker at its discretion.
c) Techpass disclaims all liability for data loss, hardware failure and software lockouts resulting from unauthorized updates or modifications.
16) LIMITED SCOPE OF SERVICE
a) Techpass products and services are provided on “supply-only”, unmanaged basis. Techpass does not provide technical support, live chat assistance, troubleshooting or help desk services.
b) You assume full responsibility for setup, configuration, software and connectivity. Techpass is not liable for any loss or inconvenience resulting from the absence of support. Aside from payment reminders or legal notices, Techpass is under no obligation to provide correspondence regarding service operation.
c) You acknowledge that you possess the necessary technical knowledge to operate the hardware from the time of delivery. If you are unable or unwilling to operate the product independently, you must return the device within the designated cooling-off period.
d) Techpass does not warrant that its products will meet specific requirements or operate without interruptions. You are solely responsible for maintaining independent backups to mitigate the risk of hardware or service failure.
17) INSURANCE
a) From the date of delivery until the product or services hardware is returned to Techpass, the subscriber shall at its own expense, maintain appropriate insurance policies consistent with industry standards and as required by law. This includes but is not limited to all insurable risk (e.g. loss, theft, damage), general liability insurance, and professional liability insurance for commercial subscribers.
b) The subscriber shall provide certificates of insurance evidencing such coverage upon request.
c) If the subscribers fail to maintain the required insurance, Techpass may procure such insurance at the subscriber sole expense.
d) From delivery until return, you must insure the device against all insurable risk (e.g. loss, theft, damage) and insurance Techpass and yourself against third-party liability for injury, loss or damage caused by the products or services.
18) MANAGED SUITE HOSTING & NON-CONTRACTUAL GPL ADD-ONS
a) Operational & Resource Mandates: Primary Scope & “Supply-Only” Mandate Techpass is a supply-only infrastructure provider. The Customer acknowledges that this subscription is exclusively for server-side hosting infrastructure. The Customer is solely and exclusively responsible for the design, development, and construction of their own website. Techpass does not provide migrations, web design, or content population.
b) Technical Competency: All website construction must be performed by the Customer. The inability of the Customer to operate the hosting environment or build a website does not entitle them to a refund, training, or “hand-holding” support. Techpass will not entertain inquiries regarding website building, configuration, or aesthetic adjustments.
c) Page Volume & Plan Integrity: Hosting plans are capped at a maximum of 15 published pages (including posts and landing pages). Techpass reserves the right to suspend content additions, throttle resources, or require a mandatory plan upgrade if this limit is exceeded.
d) Non-Contractual GPL Software Policy Plugins/themes are provided under the General Public License (GPL) as “non-contractual add-ons” for convenience only. They are subject to change, deprecation, or total failure without notice. Techpass is not responsible for bugs, compatibility, or software stability. These tools do not form part of the paid contractual agreement.
e) Monthly Refresh Protocol & Support Limits Techpass’s support is limited strictly to a once-monthly bulk version-update (“refresh”) of pre-installed GPL plugins, performed only upon the Customer’s written request. Techpass is not liable for site-breaking conflicts or layout shifts caused by updates.
f) Resource Abuse & System Integrity:
- Hardware Limits: Accounts consuming >10% of total server CPU/RAM for over 60 seconds are subject to automatic throttling or immediate suspension.
- Process Ban: Crypto-mining, scraping, or scripts running more frequently than every 30 minutes are strictly prohibited.
- Database Limit: Databases are capped at 1GB.
- Prohibited Media & Storage (The “Video Ban”)
- Video Ban: Direct hosting of video files (e.g., .mp4, .mov) is strictly prohibited. Videos must be embedded via third-party platforms (YouTube/Vimeo).
- Storage Ban: The directory must not be used for private file storage, full-site backups, or .zip archives. Images must be web-optimized.
g) Traffic Volume & Geographic Restrictions
- Visitor Cap: Hosting plans are capped at 5,000 unique visitors per month. Techpass reserves the right to throttle or suspend the site if this limit is exceeded.
- Singapore-Only Access: Hosting is configured for Singapore-based audiences only. Techpass reserves the right to implement “Geo-blocking” to deny access to IP addresses outside of Singapore. Techpass shall not be liable for access issues for international or VPN users.
h) Security Kill-Switch & IP Reputation Techpass may terminate any account instantly and without notice for hosting malware, phishing, or illegal content. If a site causes server IP blacklisting, a minimum Recovery Fee of $800.00 applies. Techpass reserves the right to charge additional Recovery Fees for any extensive technical investigation or manual delisting procedures required to restore server reputation.
i) Liability, Legal & Ownership
- Limitation of Total Aggregate Liability (Full Refund Cap) To the maximum extent permitted by law, the Customer agrees that Techpass’s total aggregate liability shall be strictly limited to the recurring subscription fees actually paid by the Customer for the affected service. One-time Standard Activation Fees, Setup Fees, and Onboarding Fees are non-refundable and strictly excluded from any liability calculation.
- Specific Exclusion of Consequential Loss In no event shall Techpass be liable for any “Indirect Losses,” including: loss of business profits, revenue, or contracts; loss of data or costs of data recovery; and reputational damage. The Customer is responsible for obtaining their own Business Interruption Insurance.
- Mandatory Self-Managed Backups (Zero-Backup Policy) Techpass does not perform, store, or guarantee backups. The Customer is strictly and solely responsible for maintaining independent, off-site backups. Techpass provides no “Point-in-Time” recovery services. Upon termination, data will be destroyed after seven (7) days.
- Infrastructure Ownership & Proprietary Setup The server configuration, security protocols, and proprietary optimization settings remain the exclusive intellectual property of Techpass. Techpass will not export or transfer server-side licenses, premium GPL tools, or proprietary server environments upon termination.
- Right to Audit Techpass reserves the right to access the Customer’s hosting – environment and dashboard at any time without notice to audit page counts, prohibited media, and resource compliance.
j) Acceptance of Service “As-Is” The Customer acknowledges that they have had the opportunity to inspect the service during the 7-day cooling-off period. Continued use of the service constitutes acceptance that the hosting is “fit for purpose” in its current state, and the Customer accepts all inherent risks of shared hosting infrastructure.
k) Indemnification for Regulatory Compliance: The Customer shall indemnify Techpass against all claims and regulatory fines (e.g., PDPA violations) resulting from the Customer’s failure to comply with Singapore laws or for any content hosted on the Customer’s website.
l) Fixed-Term Commitment & Early Termination: The Customer acknowledges that Hosting plans are subject to the fixed term defined in the Order Confirmation (e.g., 12, 24, or 36 months). In the event of termination by the Customer prior to the expiry of the fixed term, an Early Termination Charge shall apply. This charge is calculated as the sum of the remaining monthly subscription fees for the balance of the term, payable immediately. Service will be deactivated only upon full settlement of this charge.
19) MANAGED ADVERTISING SERVICES (META, GOOGLE, & THIRD PARTY)
a) Operational & Platform Mandates: Intermediary & Management Scope Techpass acts strictly as a service intermediary. Subscription fees cover technical campaign configuration and strategic oversight only. Techpass is not an employee, partner, or agent of the advertising platforms (e.g., Meta, Google, TikTok).
b) Separation of Ad Spend (Disbursements) “Ad Spend” (media cost) is a separate disbursement. The Customer is responsible for paying the platform directly via their own credit card, or pre-paying Techpass the full ad spend amount prior to launch. Techpass is not liable for price hikes, currency fluctuations, or billing errors initiated by advertising platforms.
c) Platform Policy & Account Safety Techpass is not liable for ad disapprovals, account suspensions, or permanent bans resulting from platform policy changes or the nature of the Customer’s business content. The Customer acknowledges that advertising certain industries (e.g., crypto, supplements, finance) carries an inherent risk of account termination.
d) Tracking Assets & Proprietary Configurations All campaign structures, custom-built audiences, API conversions, and tracking pixels configured by Techpass remain the property of Techpass. Upon termination, Techpass reserves the right to remove its proprietary tracking codes. Historical data remains the property of the Customer, provided all fees are settled in full.
e) Reporting Protocol & Zero-Support Boundary * Primary Deliverable: This is a data-delivery service. Techpass’s sole communication obligation is the provision of a once-monthly snapshot or automated report summarizing campaign metrics (e.g., clicks, impressions, and spend).
f) Zero-Support Policy: This subscription does not include ad-hoc consultations, strategy meetings, or technical support. Techpass does not provide a helpdesk for advertising inquiries or “how-to” guidance.
g) Performance & Liability
- The Customer acknowledges that digital marketing is subject to external market forces and consumer behaviour. Techpass provides no warranties or guarantees, express or implied, regarding:
- Return on Ad Spend (ROAS) or business profitability.
- The quantity or quality of leads, clicks, or conversions.
- Fluctuations in Cost Per Click (CPC) or Cost Per Lead (CPL).
- All services are provided on an “as-is” performance basis.
h) Limitation of Total Aggregate Liability (Full Refund Cap) To the maximum extent permitted by law, Techpass’s total aggregate liability for all claims shall be strictly limited to the recurring monthly management fees actually paid by the Customer for the affected service. One-time Standard Activation Fees, Setup Fees, and Onboarding Fees are non-refundable and strictly excluded from any liability calculation. This serves as the Customer’s sole and exclusive remedy.
i) Specific Exclusion of Consequential Loss Techpass shall not be liable for any indirect or consequential losses, including but not limited to: loss of revenue, loss of business opportunities, or “missed sales” resulting from an ad account being paused, throttled, or underperforming.
j) Indemnification for Content & Regulatory Fines The Customer shall indemnify and hold Techpass harmless against all legal claims, copyright strikes, or regulatory fines (e.g., from the Advertising Standards Authority of Singapore) arising from images, text, or landing pages provided by or approved by the Customer.
k) Acceptance & Inspection (“Fit for Purpose”) The Customer acknowledges that they have had the opportunity to inspect campaign setups. Continued use of the service after the first seven (7) days of a campaign launch constitutes irrevocable acceptance that the strategy and execution are “fit for purpose” in their current state.
l) Fixed-Term Commitment & Early Termination: Managed Advertising campaigns are subject to the fixed term defined in the Order Confirmation (e.g., 12, 24, or 36 months). In the event of termination by the Customer prior to the expiry of the fixed term, an Early Termination Charge shall apply. This charge is calculated as the sum of the remaining monthly subscription fees for the balance of the term, payable immediately. Service will be terminated only upon full settlement of this charge.
20) REPRESENTATION AND WARRANTIES
a) You represent and warrant that:
- This agreement is a legally binding obligation and you or your company are duly organized, validly existing and fully authorized to enter into and perform this agreement without breaching any third-party contracts
- There are no pending actions or proceedings that would materially affect your ability to perform your obligations
- You will provide the annual audited statements or other requested financial documentation (e.g. Notice of Assessment) upon Techpass request
- You selected the products and services based on your own judgement and not in reliance of any representation made by Techpass.
21) INDEMNITY
a) You agree to indemnify and hold Techpass, its assignees and secured parties harmless from all claims, damages, and legal costs on an indemnity basis arising from:
- Your use or possession of the products and services, including third party claims for personal injury, death or property damages.
- Any breach of these terms, regulatory non-compliance, or intellectual property infringements
- Cybersecurity incidents, including ransomware attacks originating from your device, website, or data breaches resulting in regulatory fines.
22) ASSUMPTION OF RISK AND WAIVER
a) You assume the entire risk regarding the quality, performance, and durability of the products and services. Techpass is not responsible for hardware failures, software errors, or service interruptions.
23) DISCLAIMER AND LIMITATION OF LIABILITY
a) All products and services are provided strictly “as-is” and “as-available”. Techpass disclaims all warranties, express or implied, including title, satisfaction quality, merchantability, fitness for a particular purpose and non-infringement.
b) Techpass does not warranty that the product and services will be uninterrupted, accurate, timely, secure, error-free or free of harmful components. You acknowledge we are not responsible for any errors, inaccuracies, service interruptions, system downtimes, viruses, ransomware, harmful code, malicious software that may enter your system through the use of our products or services and any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, or failure to store any of your content or data.
c) The product and services are not fault tolerant and are not designed for use in environments requiring fail-safe performance. You assume all risk for the use of our products and services in any situation where failure could lead to death, personal injury, or severe physical or environmental damage.
d) Techpass reserves the right to modify or discontinue any product or feature without notice. We do not warrant that the product or services will continue to be provided or will function in any particular manner.
e) To the maximum extent permitted by law, Techpass shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including but not limited to, loss of profits, procurement of substitute goods or services, data or business interruptions however caused.
f) Techpass total aggregate liability for any claim shall not exceed the actual amount paid by you for the specific product or services giving rise to the claim.
24) GENERAL PROVISIONS
a) No persons who is not a party to this agreement shall have any rights under the contracts.
b) If any provision is found unenforceable, the remainder remains in effect. Failure to enforce a provision does not constitute a waiver.
c) These terms, the order confirm and the privacy policy constitute the entire agreement between the parties
25) ACCEPTANCE AND DEEMED AGREEMENT
a) By performing any of the following actions, you irrevocably accept and agree to these terms and conditions, the order confirmation, and the privacy policy.
- Executing a subscription agreement or order form
- Placing an order or making a payment/ deposit
- Taking delivery of the products or services
- Using the product or services
- Your acceptances confirms that you:
- Have read, understood, and possess the legal authority to enter this binding contract.
- Waive any claims of ignorance or misunderstanding regarding these terms.
b) Continued use of the product or services following after any modification to these terms (updated through Techpass official website) constitutes renewed acceptance of the updated terms.