This Agreement is entered into this (day) of (month), (year) by and between , IC No. (hereinafter “Recipient”) and Gplex Realty Sdn Bhd ( 1190928-T ), with office at Unit 44-1, 45-1, 49-1, 50-G &
50-1, Block D, No. 01, Jalan SS7/26, Kelana Jaya, 47301 Petaling Jaya, Selangor, Malaysia. (hereinafter “Discloser”)
WHEREAS Discloser possesses certain information and data relating to all its business operations and activities that is confidential and proprietary to Discloser (hereinafter “Confidential Information”); and
WHEREAS Recipient is willing to receive disclosure of the Confidential Information pursuant to the terms of this Agreement for the purpose of performing sales & marketing activities related to Discloser’s business operations and activities only.
NOW THEREFORE, in consideration for the mutual undertakings of the Discloser and the Recipient under this Agreement, the parties agree as follows:
Disclosure. Discloser agrees to disclose, and Recipient agrees to receive the Confidential Information.
Recipient agrees not to use the Confidential Information in any way, except for the purpose set forth above.
Non-Disclosure. Recipient agrees to use its best efforts to prevent and protect the Confidential Information, or any part thereof, from disclosure to any unauthorized person.
Protection of Secrecy. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the Confidential Information, and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons.
Ownership of Confidential Information. Recipient agrees that all Confidential Information shall remain the property of Discloser, and that Discloser may use such Confidential Information for any purpose without obligation to Recipient. Nothing contained herein shall be construed as granting or implying any transfer rights to Recipient in the Confidential Information, or any patents or other intellectual property protecting or relating to the Confidential Information.
Term and Termination. The obligation of this Agreement shall be continuing until the Confidential Information disclosed to Recipient is no longer confidential
Consultant must punctually attend all meeting, event and/or seminar as assigned as part of company schedule.
Out-of-office appointments and leaves should be reported to the direct Team Manager.
Dress code – Formal office attire during working hours. Must be clean, tidy and presentable.
Non work-related activities such as watching drama are not allowed during working hours as this will affect other colleagues. Breaks/rests nonetheless can be carried out in the rest area.
Office opens on public holidays. Working is on free will basis.
Office must be kept clean all the time. All used items must be cleaned and placed accordingly.
Shared office with consent of respective branch leader, only applicable for Gplex offices.
All marketing tools / strategies / database / GOS access password are the assets of Gplex Realty Sdn Bhd (“Gplex Realty”) and must not be disclosed to any 3rd parties who-so-ever.
Clear desk Policy – All workstations are non-designated and on 1st come 1st use basis (except for designated station for Team Managers and Senior Manager. All private and confidential materials must be kept in the locked drawers.
All marketing materials and sales pitch must be strictly followed as conveyed by the Company.
Any alternative marketing channels / activities / materials / advertisement must obtain prior approval from the Company.
All client’s information must be keyed/updated into the Company database/ system.
Depending on the marketing tools, the company shall subsidize 0%-100% for marketing cost and the company shall review and revise the policy as and when deemed applicable and appropriate.
At all-time during the continuance of this agreement, the executive shall observe and/or perform the following :-
To diligently promote and market any Project to all potential purchaser(s) and to secure the sale of the product;
To negotiate and procure sales strictly in accordance with the procedures, policies and directions prescribed from the Company from time to time;
All original sales registration forms/sales booking form must be delivered to Operation team within two (2) working days from the date of sales booking together with the complete supporting document in accordance with sales registration checklist provided by developer and/or Sales & Admin Team. In respect of this, the Consultant shall further ensure that all sales registration forms must be signed by the Consultant with the Consultant name stated thereon, failing which the company will not recognize the sales as procured by the said Consultant and will not be entitled to any Commission for the said unit;
To obtain approval from the company on all advertising material and promotional activities prepared or to be carried out by the Consultant;
Not to make any promises, representations, warranties and/or guarantees with reference to the Project except those that are authorized by the company and/or prior written consent has been obtained from the company;
Not to offer any discounts to the purchaser(s) without getting prior written approval from the Company;
Not to share commission with the purchaser(s) and/or other agency and/or developer staffs without getting prior written approval from the company; and
To follow up with the purchaser(s) diligently on signing the sale and purchase agreement, application for financing and acceptance of the relevant letter of offer from the end financier, signing of the loan documentation and settlement of any outstanding payment.
To register and complete orientation and all e-Module Training required by the Company and to complete the assessment in the first month of your service.
To register and attend to the Negotiator Certification Course (NCC) and to register for REN Tag under the Company’s name. Comply Company REN’s requirement and maintenance. Ensure yearly renewal of REN Tag ID performed on time. For transfer REN from others agency to Gplex must complete within 1 month; Any REN termination from Gplex to complete REN withdrawal from board within 2 weeks. Further information please refers to Appendix V of Negotiator Handbook 2021.
To attend to project briefing and Company event(s).
The completion of a transaction (case/sale) must fulfill all the criteria below:
The Sales and Purchase Agreement (SPA) is duly executed and stamped; and
The Loan Facility Agreement (FA / LA) is duly executed and stamped OR in the event of cash purchaser, cash buyer form is duly executed and submitted;
1st 10% down payment has been settled with proof of receipt; and
Legal fees, stamping fee, disbursement and any other payment payable to the relevant party with proof of receipt from the said party has been settled;
The Company reserves the right to review the information. Any amendment and alteration are at the Company’s sole discretion.
The 25% of advance commission is claimable upon completion of the sale, i.e., the fulfillment of clause 5.1 (a), (b), (c), (d), (e), (f) and (g) herein. In respect of this, the completion date of the sale means the last date of notification of item 5.1 (a), (b), (c), (d), (e), (f) and (g) by the Consultant to Sales & Admin Team via GOS where the GOS Operational cut off time shall apply.
Commission is calculated based on the Net Purchase Price of the particular completed unit where the computation shall be the selling price less all rebates, discounts, Guarantee Rental Returns (GRR), Vouchers, Furnishing Cost and any other form of cost absorption by the Developer and/or Company for the Purchaser(s)(hereinafter defined as “Nett Selling Price”.
The 25% commission issuance is fixed on the 7th or 22nd of every calendar month where:
If the sales are fully completed between 1st to 15th day of the calendar month, the 25% commission will be automatically released on 22nd of the same calendar month;
If the sales is fully completed between 16th to 31st day of the calendar month, the 25% commission will be automatically released on 7th day of the next calendar month;
In the event the commission payment issuance day falls on Public holiday or weekend or non-working days, the commission will be released on the next working day;
The commission and leadership bonus payment shall be released at the same time proportionately;
Company will transfer the commission and/or leadership bonus entitlement to the Consultant directly through online transfer where the proof of payment will be sent via email to the Consultant.
In this respect, sales is only deemed fully completed upon fulfilment of the conditions set out in Clause 5.1 (a), (b), (c), (d), (e), (f) and (g)herein.
The balance commission of 75% issuance for Consultant is fixed on:
the 7th day of the next calendar month if the company received the commission from the vendor / developer or upon expiry of 6 months from the date of issuance of 25% is fall on or between the 1st-15th day of the calendar month, whichever applicable.
the 22nd day of the same calendar month if the company received the commission from the vendor/developer or upon expiry of 6 months is fall on or between 16th-31st day of the calendar month, whichever applicable.
Company will transfer the commission and/or leadership bonus entitlement to the Consultant directly through online transfer where the payment voucher will be uploaded in GOS.
The Consultant hereby agrees and authorizes the Company to deduct any payment owed and/or due to the Company from Consultant commission and/or incentive without further reference to the Consultant.
Buyer Refer Buyer Form must be submitted during booking, no changes on details on buyer refer buyer form is allowed after case verified.
Referral fees is shared by the Company and Consultant. Company (50% Company : 50% Consultant). For co-broke cases, referral fees are proportionately shared among the Consultants.
Consultant hereby agrees and authorizes the Company to deduct any payment owed and/or due to the Company without further reference to the Consultant from their next commission payment.
Administration fees (including but not limited to Sales Tax and Service Tax (“SST”) or any tax imposed by government) is applicable for every single buyer refer buyer payment and shall be borne by the owner and co-owner.
The amount of Referral fee is different from project to project; the entitlement will be written in base commission announcement.
Referral fees is payable when only both of the referrer & referees’ cases are completed in GOS.
Co-broke system revised on 1st February 2021, Consultants are now able to select a maximum of up to 4 sharing for one case in the Gplex Online System (GOS).
The Consultant who input the case in the GOS will be the owner of the case. The case owner is responsible to do all follow up actions. In the event the Case Owner could not be contacted, then the Company will contact any of the co-broker and the co-broker must co-operate to update and/or follow up the respective case.
Case owner can select the percentage of share portion for each Co-broke. The percentage ratio is fixed in a multiplication of 5. The total sharing will make up to 100% for one case.
All case/sale recorded in GOS before 1/2/2021 is not allowed to change.
A shared case will only be recognized when there is a mutual agreement between the owner & co-owner to conclude a sale/case, i.e. Co-Owner does presentation / closes sales / assist in follow up in the absence of the Owner.
No transfer or change or amend of case owner or co-owner name and percentage after the case is verified in GOS.
Administration fees (including but not limited to Sales Tax and Service Tax or any tax imposed by government) is applicable for every single commission and incentive payment, both are borne by Consultant.
In the event an Consultant converted a sale but subsequently terminated for whatsoever reason:
The Consultant shall not be entitled in any manner whatsoever to the commission pertaining to the sale of the said sale; and
If the commission pertaining thereto have been paid by the Company to Consultant/ leader, the Consultant must refund to the Company the said commission, incentive and leadership bonus within fourteen (14) days from the date of demand made by the Company or alternatively at our option to deduct the said commission which is refundable by the Consultant/ leader from any other commission payment(s) which is payable by Company to the Consultant.
Company has the right to claw back the paid commission from Consultant/ leader regardless the date of cancellation/termination/ abortion is fall on later date.
In the event the commission is yet to be paid to the Consultants, then the Company has the right to withhold the Consultant’s commission, incentive and leadership bonus and cease to pay the commission to the Consultant until further notice.
Other situations the Company may claw back commission or withhold/cease to pay Consultant’s commission:
The commission released to the Consultant may be clawed back at the discretion of the Company at any time in the event of any cancellation, abortion, termination, abandonment of project or whatsoever reason where the Developer clawed back any of Gplex Realty Sdn Bhd’s commission for any particular unit pertaining to any projects. In the event the commission is yet to be paid to the Consultants, then the Company has the right to withhold the Consultant’s commission and cease to pay the commission to the Consultant until further notice.
In the event that there are any pending litigation proceedings for the project, project abandonment or winding up of the developer Company, a percentage of (range) zero to hundred percent (0%-100%) of the commission paid will be clawed back at the discretion of Company. In the event the commission is yet to be paid to the Consultants, then the Company has the right to withhold the Consultant’s commission and cease to pay the commission to the Consultant until further notice.
This clause 6 shall applied to 25% and 75% commission and incentives. All commission, incentives and leadership bonus clawback or deduction will be deducted from the nearest commission payable, regardless 25%, 75% commission payment or incentives payment.
Only FT is eligible to hold the position of Team Manager and Senior Manager.
Promotion and demotion, if any, will be done on monthly basis.
The Company shall act against the following actions:
Breach of trust (referring to the “Non-disclosure Agreement”); and/or
Breach of any term of this agreement; and/or
Any dispute or complaint from Board of Valuers, Appraisers and Estate Agents Malaysia (BOVAEA); and/or
Involved in / promoting other forms of business or direct selling in the office to Company colleagues; and/or
Sexual harassments; and/or
Theft of office assets; and/or
Misuse of office resources; and/or
Absence without notice or valid reasons; and/or
Spreading rumors or gossiping; and/or
Monetary dispute with any Consultant and/or any third party; and/or
Park case under another Consultant; and/or
Joining any other property agency or any firm that are doing same or similar nature of business, irrespective of joining as intern or mere registration; and/or
Any other action and/or omission to be determined by the Company from time to time
Any attempt or conduct to deceive the Company and/or stakeholder, purchaser or any third party.
Conduct advertising or marketing activity without Company’s approval.
The Company will determine the severity of the case and may take the following action:
Immediate termination; and/or
Deduct / stoppage of commission payment; and/or
Pursuant to clause 5.6 above, the Consultant hereby further agree and authorize the Company to deduct and/or cease any commission due or payable to the Consultant in the event the Consultant committed any action as stated in clause 8.1 herein at the Company sole discretion.
In relation to clause 8.1(i) above, any issue or dispute related to the Company must be first reported to the Company and Consultant must not spread the said issue or dispute to other team members or any other third party.
Either party may terminate the appointment as Consultant by giving twenty-four (24) hour notice to the other party save and except any disciplinary action taken by the Company under clause 8.2.
Upon termination pursuant to Clause 8.2(b) or 9.1, we shall cease to have any further liabilities or obligations to you save in respect of any commission remaining payable to you for all completed cases prior to termination pursuant to the content under Clause 5. The Consultant shall no longer be qualified and/or entitled to any ownership and commission of any non-completed cases and leadership bonus with immediate effect as well as direct recruiter bonus on all non-completed cases. However, Consultant's leadership bonus as well as recruiter fee is still valid for completed cases before their termination. Sales only deemed to be completed upon fulfilment of the conditions set out in Clause 5.1.
Transfer of Consultant between teams and/or branches under same Territory is strictly not allowed. For clarification purpose, Kuala Lumpur and Selangor are under same Territory.
All exceptional cases are subject to both offices Company decision.
The Consultant shall observe strictly the provisions of the Personal Data Protection Act 2010 (“PDPA”), its rules and regulations in relation to collection, storing and processing of personal data. This provision shall continue to be binding and effective after the expiration or termination of this appointment.
The Company may vary the terms and condition herein at its discretion without prior notice.
Joining Fee refers to the relevant announcement from the Company.