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Self Managed Hosting
Customers are not charged for any service fee for self managed servers and therefore are solely responsible for the maintenance and up keep of their server.
The host provider will not be held liable for any down time caused externally or internally due to attacks, memory leaks, infinite loops, third party tools, network change, misconfiguration of a software/system by the customer or from automated updates.
Self managed servers have a 1 year renew cycle and automatically renews after reaching the end of each anniversary date.
All cancellation are to be written and informed by the customer before the contractual period ends.
Billing commences from the date of the invoice and when any work commences.
All payments are to be made in advance before commencement of work begins.
Additional services ordered after the invoice/anniversary date will be billed as a pro-rata charge.
All cancellations
requires a notification in advancement of 3 days before the contract expiry and must be in written format to the host provider through email and at least 12 days (excluding public holidays and weekends) in advance for hand-written mail.
Managed Hosting
Customers will delegate the host provider the rights to maintain and manage all services within the system.
Hence, all updates and upgrades are done with the permission from the customer.
Host provider will not be liable for any updates made by the customer, hence are not applicable for re-credit amount for the period of down time should it be deemd the cause of external or internal factors not pertaining to the host provider actions and not with-holding act of god and data center faults.
Due to the nature of real-time updates of some critical areas within the system, it may be inevitable that some disruption of service may unrise during these periods.
The host provider will inform customers promptly should such incidents arise.
Customers can opt for notification and monitoring service to ensure real-time checks on their servers.
All managed servers have a 1 year new cycle and contracts auto renews after reaching the end of the anniverary date in a perpetual state unless cancellation are made in writting.
All cancellation are to be written and informed by the customer before the contractual period ends.
Billing commences from the date of the invoice and when work commences.
All payments are to be made in advance before commencement of work begins.
Additional services ordered after the invoice/anniversary date will be billed as a pro-rata charge.
Mail Hosting
The customer will
ensure their domain and dns is managed on their own should their domain and dns if the domain is not managed by the host provider.
The host provider will bear no responsibility should there be an issue with mails not being transmitable or receivable due to external factors including but not limited to issues such as spam blacklisting, invalid dns settings or insecure mail settings.
Fair usage policy applies to customers who use our mail
service to send marketing materials and have an agreement with their contacts to send out emails using our service.
Data Policy
The host provider agrees to use best efforts and reasonable best practices when deploying/managing services pertaining to data modification, transfers, backup, security, and retention.
These services include, but not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer server information, and other situations involving customer data.
Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership and should do their due diligence to backup data before proceeding to engage the host provider with any assigned tasks.
Cancellations
All cancellations
requires a notification in advancement of 3 days before the contract expiry and must be in written format to the host provider through email and at least 12 days (excluding public holidays and weekends) in advance for hand-written mail.
Identity Use
The customer agrees to use The Company logo, Company information, and related services in accordance to the approved marketing guidelines.
The host provider agrees not to use Customer name, logos, or information without prior written consent from Customer.
Laws
Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in Singapore and native country of customer. Proper venue for legal remedies shall be Singapore.
All contact terms found herein shall be bound by Singapore Laws whichever may be applicable.
Mutual Indemnification
Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Limitation of Liability
Except as described in the SLA, host provider shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct.
Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known.
Notwithstanding anything else in this agreement, the maximum aggregate liability of host provider and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the six months prior to the occurrence of the event(s) giving rise to the claim.
Arbitration
Any controversy or claim arising from service or related to this contract or breach therein in excess of $500 shall be settled by arbitration in accordance with the commercial arbitration rules in Singapore.
The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
Electronic Signature
Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form and upon completion of the ordering process.
