KnW Capital Sdn Bhd Startup Factory Program:
Founder Agreement
This Agreement is entered into on the date of signature by and between KnW Capital Sdn Bhd (the "Company"), operating under the brands KnW Technology Consulting and SFP Founder (the "Brand"), and the undersigned Founder (the "Participant"). By signing below, the Participant agrees to comply with the following terms and conditions for participation in the KnW Capital Sdn Bhd Startup Factory Program (the "Program").
1. Introduction
By applying to and participating in the KnW Capital Sdn Bhd Startup Factory Program (the "Program"), the participant agrees to comply with the following Terms and Conditions (the "Agreement"). This Agreement governs the relationship between KnW Capital Sdn Bhd, the KnW Technology Consulting brand, and the SFP Founder brand (collectively referred to as the "Company"), and the Program participants (the "Founder," "Startup," or "Affiliate/Agent").
2. Eligibility
- Eligibility for Startups: The applicant must be a legal entity or individual operating a startup, business, or venture in the early stages of development (from idea to growth phase).
- Eligibility for Agents/Affiliates: Agents or affiliates must have the necessary experience in marketing, sales, or business development to promote the KnW Capital Sdn Bhd Startup Factory Program.
The Company reserves the right to determine eligibility based on the application.
3. Program Structure
The Program consists of various stages and camps based on the startup's needs and stage of development:
- Pre-Startup Boot Camp: Founder Readiness Coaching.
- Startup Boot Camp: Pre-Seed Readiness (divided into four cohorts based on age groups).
- Accelerator Camp: Seed & MVP & Early Stage.
- Incubator Camp: Sustain & Scale & Exit.
4. Participant Responsibilities
- Startup Founders: Founders must actively participate in the sessions, complete assigned tasks, and engage with resources provided.
- Agents/Affiliates: Agents or affiliates must market and promote the Program, identify potential clients or leads, and ensure marketing practices comply with the Company's guidelines.
5. Company Responsibilities
- Support & Mentorship: The Company provides access to expert mentors, resources, training materials, and tools needed for success in the Program.
- Confidentiality: The Company will maintain confidentiality regarding sensitive information shared by participants and will only use it for Program-related purposes.
- Payment of Commissions: The Company will pay agents/affiliates for successful referrals and sign-ups according to the agreed commission structure.
6. Confidentiality & Intellectual Property
- Confidentiality: Both parties agree to keep proprietary information confidential and not disclose it to third parties unless explicitly authorized.
- Ownership of Intellectual Property: All materials provided by the Company, including training resources, templates, marketing materials, and intellectual property, remain the property of KnW Capital Sdn Bhd, the KnW Technology Consulting brand, and the SFP Founder brand. Participants are granted a limited, non-exclusive, non-transferable license to use these materials solely for Program-related activities.
7. Payment Terms
- Program Fees: Participants may be required to pay a fee for certain Program stages. Payment terms and amounts will be communicated in advance.
- Payment Processing: Payments will be processed via Stripe, a third-party payment processor. By making payments, participants agree to comply with Stripe’s Terms of Service and Privacy Policy available at Stripe’s official link. The Company is not responsible for issues arising from Stripe transactions.
- Tax Obligations: All Program fees are exclusive of applicable taxes, including Sales and Services Tax (SST), which is the participant's responsibility. Invoices reflecting applicable taxes will be issued according to Malaysian law.
- Refund Policy: No refunds will be provided for Program fees unless the Program is canceled by the Company prior to the start date. Any refunds will be processed via Stripe. Chargebacks initiated through Stripe may incur additional fees.
- Liability for Payment Processing: The Company is not liable for issues, delays, or errors from Stripe or other third-party processors. For payment-related issues outside the scope of this Agreement, participants should contact Stripe directly.
- International Payments: For participants outside Malaysia, Program fees may be subject to currency conversion rates and international transaction fees imposed by Stripe or the participant’s bank. Participants are responsible for such fees.
8. Termination of Participation
- Termination by Participant: Participants may withdraw from the Program at any time by providing written notice. However, no refunds will be issued once Program services have been started.
- Termination by the Company: The Company reserves the right to terminate a participant’s involvement if they violate any terms of this Agreement or engage in unethical behavior, including false advertising, fraudulent activity, or failure to meet milestones.
- Post-Termination: After termination, the participant will be removed from the Program and lose access to resources, mentorship, and materials.
9. Liabilities & Disclaimers
- Limitation of Liability: The Company will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the participant’s involvement in the Program.
- No Guarantee of Success: The Company does not guarantee business success. The Program provides support, but the outcome depends on the participant’s efforts and market conditions.
- No Legal Advice: The Program does not offer legal, financial, or accounting advice. Participants should consult appropriate professionals for such matters.
10. Non-Compete and Non-Solicitation
- Non-Compete: During participation and for 3 months after the Program ends, participants agree not to engage in competing business activities that directly conflict with the Company’s business model or interests.
- Non-Solicitation: Participants agree not to solicit or attempt to solicit employees, contractors, or clients of the Company for 3 months after their involvement in the Program ends.
11. Governing Law & Dispute Resolution
This Agreement is governed by the laws of Malaysia. Disputes will be resolved through mediation or arbitration in accordance with Malaysian laws and procedures. For international participants, arbitration will occur in a mutually agreed location, in English, and will be subject to the laws of Malaysia.
Both parties agree to attempt mediation first before pursuing arbitration.
12. Modification of Terms
The Company reserves the right to modify these Terms and Conditions. Any changes will be communicated, and continued participation constitutes acceptance of the new terms.
13. Miscellaneous
- Entire Agreement: This document constitutes the entire Agreement between the Company and the Participant. Any previous oral or written agreements are superseded.
- Severability: If any provision is unenforceable, the rest of the Agreement remains in effect.
- Waiver: Failure or delay in enforcing any provision does not waive the right to enforce it later.
14. Geographic Restrictions for Founders
Founders participating in the KnW Capital Sdn Bhd Startup Factory Program must be located in a country where Stripe operates. The Company reserves the right to restrict participation from Founders in countries not supported by Stripe. Founders are responsible for ensuring that their geographic location aligns with the list of supported countries as outlined by Stripe.
15. Acknowledgment and Acceptance
By applying for or participating in the KnW Capital Sdn Bhd Startup Factory Program, the Participant acknowledges and agrees to abide by the terms and conditions set forth in this Agreement.
Participant Name: _______________________
Date: _______________________
Signature: _______________________
Company Representative Name: _______________________
Date: _______________________
Signature: _______________________
Electronic Signature Clause
By signing this Agreement electronically, the Affiliate or Founder acknowledges and agrees that their electronic signature is legally binding and has the same effect as a handwritten signature. The Affiliate or Founder agrees to be bound by the terms and conditions of this Agreement as if they had signed it in person. Electronic signatures may be provided through a secure electronic platform or email, and the Company reserves the right to retain a digital copy of the signed Agreement for record-keeping purposes.
Geographic Restrictions for Founders
Founders participating in the KnW Capital Sdn Bhd Startup Factory Program must adhere to geographic restrictions based on Stripe's supported countries. Stripe operates in 46 countries, including Australia, Canada, France, Germany, Hong Kong, Ireland, Italy, Japan, Malaysia, Netherlands, Singapore, the United Kingdom, and the United States.
Founders located in countries where Stripe operates are eligible to participate. Founders from countries not supported by Stripe are ineligible to participate.
Appendix: Stripe Supported Countries
The following countries are supported by Stripe:
- Australia
- Austria
- Belgium
- Brazil
- Canada
- Cyprus
- Czech Republic
- Denmark
- Estonia
- Finland
- France
- Germany
- Hong Kong
- Ireland
- Italy
- Japan
- Luxembourg
- Malaysia
- Malta
- Mexico
- Netherlands
- New Zealand
- Norway
- Portugal
- Singapore
- Spain
- Sweden
- Switzerland
- United Kingdom
- United States
Founders must ensure they are located in one of these supported countries to participate in the Program.
For the most current information on Stripe's supported countries, please refer to Stripe's official documentation.
