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READ THIS AGREEMENT
CAREFULLY BEFORE USING ANY SKSA TECHNOLOGY SERVICE.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU
(referred to herein as "Customer") AND SKSA
TECHNOLOGY.
SKSA TECHNOLOGY is a
corporation organized and existing under the laws of
Malaysia and having its principal executive office
Lot 36-3, Jalan USJ 9/5Q, Subang Business Center,
47600 Subang Jaya, Selangor, Malaysia.
Please note that this
agreement is subjected to change and it is
Customer's responsibility to regularly check for
modifications. If Customer signed up for the Service
before the Posted/Revised date listed above, the new
version will become effective thirty (30) days after
the Posted/Revised date listed above. Continued use
of the Service constitutes acceptance to the new
version of this agreement.
SKSA TECHNOLOGY is
committed to providing services at a standard of
excellence commensurate with the best practice in
the industry. Network up-time and server
availability are of the highest importance. The
following service levels are designed to assure our
customers of ultimate performance and maximal
up-time.
Hardware
SKSA TECHNOLOGY stand
behind our servers with an "unlimited free
replacement warranty" for ALL leased or rented
systems, including individual parts ordered as
upgrades from SKSA TECHNOLOGY.
SKSA TECHNOLOGY will
replace, at no charge (including labor), the
following components or system parts: System
Enclosures or cases, CPU or Processors, Random
Access Memory (RAM), System Motherboards,
Controllers, Ethernet Adapters, Ethernet or Network
Cards, CD ROMs, Floppy Drives, IDE or SCSI Hard Disk
Drives, SCSI Adapters, Video Cards, Sound Cards,
Surge Protectors and Un-interrupted Power Supplies
(UPS), Network and Power Cables, System Power
Supplies, System Fans.
Repair will start
upon our identification of the hardware failure and
will be completed within 6 hours from problem
identification. If faulty hardware replacement takes
more than 6 hours, customer will be refunded with
the amount of downtime incurred or 5% of monthly fee
whichever one is lower.
Network Up-Time
SKSA TECHNOLOGY
guarantees network availability of 99% in a given
month, excluding scheduled maintenance. Network is
considered unavailable if there is a 100% packet
loss from SKSA TECHNOLOGY to its backbone providers,
we will credit customers 5% of the monthly fee for
each occurrence of downtime more than 6 hours.
Network infrastructure is all equipment, from the
cable connected to the server's NIC to the backbone
provider, and includes routers, switches and
cabling. Downtime is measured past 10 minutes after
notification of network failure, via the ticketing
system at
https://support.internet-webhosting.com . If the ticketing system itself is
unreachable, customer can email to support@internet-webhosting.com
or by calling 603.2096 9121 or 601.6252 9485. SKSA
TECHNOLOGY's personnel will determine end of
downtime by a trace route to the customer's machine
from outside SKSA TECHNOLOGY. Customer support is
available 24/7 via our specially assigned customer
support line or ticketing system.
Customer Support
SKSA TECHNOLOGY
provide 24 hours customer support and this include
options of helping customers to manage their
servers. Any extra work which is not included in our
terms may be billed at SKSA TECHNOLOGY's
discretion.
Credits /
Cancellations
Customer is
responsible for notifying the billing department for
any credits due for the month within seven days from
the time of the incident. Customer should supply all
relevant information, including ticket numbers, for
credit to take place. All account cancellations must
be done in writing or by fax or by support ticket
with your root username and passwords for the
server.
All annual or monthly
plans can be cancelled with our standard 30 days
notice. SKSA TECHNOLOGY is not obligated to refund
any payments in the event of such termination.
Prepaid Package:
Customer pre-pays for the entire Service period in
question ("Service Period"), typically six (6)
months or one (1) year. Customer may terminate for
convenience on thirty (30) days' notice. After such
termination, Customer will receive a refund for the
remainder of the period of Service, minus an
adjustment equal to (A) the difference between the
amount Customer has paid and the amount it would
have paid had it received Service pursuant to a
Month-to-Month Package, plus (B) any set-up fees
Customer would have paid pursuant to a
Month-to-Month Package. If not terminated, the
Prepaid Package renews at the end of the Service.
Customer will retain
records of the terms and conditions of its Package
for future reference. SKSA TECHNOLOGY may change
Package prices or add or delete Package features or
restrictions at any time, and such changes will not
affect the initial agreement between Customer and
SKSA TECHNOLOGY. In the event of any conflict
between the terms of any Package and the terms of
this Agreement, the terms of this Agreement will
govern. In the event of any conflict between the
terms of any Package and the terms of this
Agreement, the terms of this Agreement will govern.
Invoices are issued
as a courtesy; Customer will maintain awareness of
its usage levels and the fees it owes SKSA
TECHNOLOGY and will pay them when due. All invoices
are due upon their date of issuance and will be
considered overdue if not paid on that day. If
Customer pays by a method other than credit card,
Customer must have all payments submitted on or
before their invoice expiry dates. If a service is
suspended and is requested to be activated again,
SKSA TECHNOLOGY may charge a reconnection fee of
USD99. The parties agree that such liquidated
damages are reasonable in light of the harm delay
will cause and the difficulties of proof of loss and
the inconvenience and unfeasibility of otherwise
obtaining an adequate remedy. None of the remedies
listed in this subsection is exclusive of other
remedies.
Acceptable Use
Customer asserts that
it has read SKSA TECHNOLOGY's Terms of Services
("TOS") and its Privacy Policy. (The TOS is
currently posted at
http://www.internet-webhosting.com/terms.php). Customer will adhere to the TOS
and Privacy Policies and will not allow the Services
or SKSA TECHNOLOGY equipment to be used for
activities prohibited by such policies. SKSA
TECHNOLOGY may revise the TOS from time to time by
posting a new version thereof on the SKSA TECHNOLOGY
Website, and Customer is responsible for awareness
of such revisions. In the event of any conflict
between the TOS or the Privacy Policy and this
Agreement, this Agreement will govern.
Payment & Billing
Information
Payments are due on
customer corresponding billing date. The billing
date is the day the order was placed and processed.
The CUSTOMER will pay
SKSA TECHNOLOGY for services listed in this Service
Agreement by the following payment method:
-
Cash
-
Cheque
-
Wired Transfer
Wire
Transfer Info :
Bank Name : Maybank
Bank Address : USJ 10 Branch, Subang Jaya
A/C Name : SKSA
Technology
A/C No. : 5123 6112 8477
Disclaimers and
Warranties
SKSA TECHNOLOGY'S
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. SKSA TECHNOLOGY DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,
OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
SKSA TECHNOLOGY MAKES NO EXPRESS OR IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED
BY SKSA TECHNOLOGY OR ANY OF ITS REPRESENTATIVES
WILL CREATE A WARRANTY.
SKSA TECHNOLOGY WILL
NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF
SKSA TECHNOLOGY WAS ADVISED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES. SKSA TECHNOLOGY'S
MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO
PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL
AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE
(12) MONTHS PRECEDING THE CLAIM.
SKSA TECHNOLOGY WILL
HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES,
ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING
FROM: (i) OTHER SKSA TECHNOLOGY CUSTOMERS OR THIRD
PARTIES ACCESSING CUSTOMER'S DATA OR ASSIGNED
COMPUTERS; (ii) SECURITY BREACHES; (iii)
EAVESDROPPING; (iv) DENIAL OF SERVICE ATTACKS; (v)
INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING SKSA
TECHNOLOGY'S SERVICE; (vi) CUSTOMER'S RELIANCE ON OR
USE OF THE SERVICE; (vii) MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION, OR OTHER FAILURES OF
PERFORMANCE OF THE SERVICE; (viii) THE ACCURACY,
COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR (ix)
LOSS OF DATA OR LOSS OF ACCESS TO DATA.
SKSA TECHNOLOGY'S
LIMITATIONS AND EXCLUSIONS OF LIABILITY APPLY
EQUALLY TO SKSA TECHNOLOGY'S OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, REPRESENTATIVES, SUPPLIERS,
SUBSIDIARIES, PARENTS, AND AFFILIATED COMPANIES.
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