This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web Hosting, E-Commerce and other Internet-related services provided by Techavenue Sdn Bhd (the “Services”). As used in this Agreement, “ServerHosting.my” means Techavenue Sdn Bhd and “Client”, “you”, or “your” means you. By clicking on the “Complete Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the ServerHosting.my site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “ServerHosting.my Site” refers to the Site located at the URL http://www.ServerHosting.my or any other successor Sites owned or maintained by ServerHosting.my.
1. APPROPRIATE USE OF THE SERVICES
ServerHosting.my provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
- Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any ServerHosting.my server in connection with Client’s use of the Services which:
- violate any state, federal or foreign laws or regulations
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of ServerHosting.my or any third party
- are defamatory, slanderous or trade libelous
- are threatening or harassing
- are discriminatory based on gender, race, age or promotes hate
- violate any ServerHosting.my policy posted on the ServerHosting.my Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
- contain viruses or other computer programming defects which result in damage to ServerHosting.my or any third party.
- Bandwidth. Client may occupy only the amount of disk space on the ServerHosting.my Server and utilize no more than the network bandwidth that is allotted by ServerHosting.my. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
- No “SPAM”. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at ServerHosting.my, or otherwise, that mentions or reference any domain hosted on ServerHosting.my servers or parked on ServerHosting.my DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER.(Violators will be fined! Refer to our UCE (SPAM) Policy).
- Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
- Back-Up Files. Client will have the ability to reinstate files which are automatically archived by ServerHosting.my; however, ServerHosting.my does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel on certain Services.
- Termination. ServerHosting.my reserves the right to refuse service to anyone. ServerHosting.my, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact [email protected]
2. PAYMENT OBLIGATIONS
Service. By the Tenth (10th) of each month, ServerHosting.my shall either (i) debit Client’s credit card (where such information is provided by Client) or (ii) generate in clientarea or deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month or year depending on the Service. Where an invoice is delivered (or in clientarea) to Client, Client shall remit payment to ServerHosting.my by no later than the specified payment due date (or if not specify, 7 days from the invoice date). ServerHosting.my shall be entitled to immediately terminate this Agreement for Client’s failure to make timely payments to ServerHosting.my. Certain services carry a set-up fee charged by ServerHosting.my to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to ServerHosting.my and agrees to pay any and all fees incurred by Client. Because the Services are provided on a yearly basis, Client will be responsible for Service fees incurred each year regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 5th month of a particular year, Client will still owe fees for the entire year and such fees will not be pro-rated or refunded.
Late payments. Any payment not received within five (5) days of the invoice due date will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a $5.00 fee. Customer also shall pay to ServerHosting.my all expenses incurred by ServerHosting.my in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys’ fees and the fees of any collection agency retained by ServerHosting.my. The Customer’s web site will also be immediately suspended and will not be reinstated until payment in full has been received.
Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Domain Names. If Client chooses to register a domain name(s) through ServerHosting.my, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. ServerHosting.my does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
Refund. It apply to shared hosting only (fees for web hosting plan only). Customer require to give at least three (3) working days prior to the date of expire (30 days) for request of refund to be valid. Failing to do so may cause to the request of refund are not being entertained or rejected. Within this three (3) working days, the customer are still allow to cancel the refund. For refund of payment type other then direct bank-in, it may took longer time up to not more then one calander for the money to return to the customer, although the service has been terminated.
For the case that we already rendered free services to customer (for example, installation of software without charges, reset of hosting space, customize programming to website), this terms (money back guarantee) is void with immediate effect with or without notify customer in advance.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall ServerHosting.my be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless ServerHosting.my from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a year-to-year basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Service Cancellation Information page. The essence of this page states that Client must contact the ServerHosting.my to receive a cancellation number, which Client shall retain as proof of termination, and all cancellation requests must be received by the Twenty-Fifth (25th) of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void.
Client will pay and indemnify and hold ServerHosting.my harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE ServerHosting.my SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE ServerHosting.my SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. ServerHosting.my DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ServerHosting.my SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL ServerHosting.my BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE ServerHosting.my SITE OR ANY ServerHosting.my PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL ServerHosting.my CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS (USD 300).
Notices : Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to ServerHosting.my :
ServerHosting.my Web Hosting Department, Block B3-3-1, Block B3, Level U3, Solaris Dutamas, Jalan Dutamas 1, 50480, Kuala Lumpur, Malaysia
If to Client :
Name and address provided for account setup.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by ServerHosting.my. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and ServerHosting.my’s policies are subject to change by ServerHosting.my without notice. Continued usage of the Services after a change to this Agreement by ServerHosting.my or after a new policy is implemented and posted on the ServerHosting.my Site constitutes your acceptance of such change or policy. We encourage you to regularly check the ServerHosting.my Site for any changes or additions.