This Servevrhost.my Terms of Service (the “Agreement”) contains the terms and conditions that govern Your access to and use of the Services (as defined below) and is an agreement between Serverhost Network Sdn Bhd (“Serverhost” or “We” or “we” or “Us”) and You or the entity You represent (“You”). This Agreement takes effect when You click an “I Accept” button or check box presented with these terms, or when You click an “Complete Order” button, or when You use, access and/ or purchase any of the Services (the “Effective Date”). You represent to us that You are lawfully able to enter into contracts (e.g. You are not a minor). If You are entering into this Agreement for an entity, such as the company You work for, You represent to us that You have legal authority to bind that entity. You acknowledge that You have read the Agreement, and You agree to its terms and conditions and all policies posted on the Seerverhost Website.
As referred to in this Agreement, and
1. Definitions and Interpretations.
“API” refers to an application program interface.
“Business Hours” refers to a period of time commencing from 9.00 a.m. to 6.00 p.m. on any Monday to Friday excluding a Public Holiday based on Malaysia calendar.
“ServerHost Website” refers to the Site located at the URL ,http://serverhost.com.my, or any other successor sites owned or maintained by ServerHost. “ServerHost Internet Server” refers to ServerHost or its affiliates’ computer system that You
connects to receive the Services. “Services” or “Service” refers to the web service(s) (i) made available by ServerHost or its
affiliates, and (ii) purchased or accessed through ServerHost Website or any portal made available by ServerHost or its licensor.
“Site” or “Website” refers to a World Wide Web site.
2. Term.
2.1. Generally. The term of this Agreement (“Term”) will commence on the Effective Date.
2.2. Term. Unless sooner terminated or otherwise agreed, this Agreement shall be for an initial term set forth in the proforma invoice issued by ServeerHost or Your Services order placed with ServerHost, whether via the Website or other manner (“Initial Term”) and reflected in the invoice marked as “paid” and issued by ServerHost and shall be automatically renewed for successive periods of equal length as that Initial Term subject to payment of the-then current Service renewal fee and compliance of the terms of this Agreement (“Renewal Term”). “Term” includes the Initial Term and any Renewal Term.
2.3. Special Promotion Terms. If you have subscribed to the Services via special campaigns or promotions, the special terms and conditions of the respective campaigns or promotions (“Campaign Terms & Conditions”) shall prevail in the event of conflict between
the terms and conditions of this Agreement and the Campaign Terms & Conditions, unless expressly provided in the Campaign Terms & Conditions.
3. Fees and Payment.
3.1. Generally. Upon submission of the Order and acceptance by ServerHost, You shall pay to ServerHost all charges, fees and rentals for the Services and/or equipment, as the case may be, which shall be at the rates prescribed on the ServerHost website from time to time and payable in advance or at such other time in accordance with ServerHo’ policy or requirements. The said charges, fees and rentals shall commence from the Effective Date.
3.2. Pay Promptly. You shall promptly pay on demand by ServerHost and at the times stipulated
in such demand all charges, fees, rentals, costs or other amounts in connection with the
Services. You shall continue to be liable for any applicable charges during the period of
interruption or loss of Services from any cause whatsoever.
3.3. Prepayment. ServerHost may accept prepayment for Services to be provided under this Agreement, but such acceptance shall not modify or extend the Term of this Agreement.
3.4. Service Fees. Fees for Services ordered by You shall begin on the Effective Date and that day and that month of that Effective Date shall serve as the billing date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations, service credits and recurring fee. Fees are due in advance of each Services cycle and will be billed on the Anniversary Billing Date.
3.4A Auto Payment. If You have provided Your credit or debit card information to ServerHost in the course of Your order process, You authorize ServerHost to charge to Your credit or debit card for any recurring service fee. You may opt out from automatic payment in Your ServerHost Account
3.5. Upgrade Fees. Upgrades ordered on the Anniversary Billing Date will be billed in advance for a full upgraded Services duration and future recurring fee for that upgrades will continue to be billed on the Anniversary Billing Date. Upgrades ordered after the normal
Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as fees for full upgraded Services duration added to your existing bill on Anniversary Billing Date.
3.6. Hourly Service Fees. For any services offered by ServerHost on an hourly basis (“Hourly Services”), You shall specify the period of time for which the Hourly Services are requested, or cancel at any time. The minimum period of time for which Hourly Services may be requested is one (1) hour and You will be billed in full hourly increments, and no breakdown by minutes shall be permitted. Unless otherwise specifically stated in the terms and conditions of Hourly Services, You, as requester of Hourly Services agree to all
terms and conditions in ServerHost Website, including but not limited to this Agreement and the AUP. You will be billed for Hourly Services and receive any SLA credits, if applicable, on the Anniversary Billing Date.
3.7. Additional Service Fees. Additional Services, not including Hourly Services, ordered on the Anniversary Billing Date will be billed for the full additional Services duration and future recurring fee for that additional Services will continue to be billed on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full fees for additional Services duration added to your
existing bill on Anniversary Billing Date.
3.8. One Time Fees. One time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and/or agreed upon in writing or via ticket with ServerHost’ approval. One time fees, such as bandwidth overages and ServerHost overages are due and payable upon an invoice following the billing cycle in which they are incurred, and
are based on standard rates, or as otherwise agreed upon in writing or via ticket with ServerHost’ approval.
3.9. Full Payment. All payments due to ServerHost under this Agreement shall be made in full, without deduction for any reason, including but not limited to, set-off, counterclaim or other equitable or lawful claim.
3.10. Returned Item Fees. Accounts with returned checks and/or e-checks will be assessed a returned item fee as per described in Appendix-I.
3.11. Late Fees. Any payment not received within twenty (20) days of the invoice due date, will be assessed a minimum late payment fee as per described in Appendix-I or the highest rate allowed by applicable law, whichever is higher. You shall pay to ServerHost all expenses incurred by ServerHost in exercising any of its rights under this Agreement or applicable law with respect to a payment default or other breach by you, including, but not limited to, reasonable attorneys’ fees and the fees of any collection agency retained by ServerHost. Late payment fee will continue to accrue as long as there is an outstanding balance.
3.12. Re-Activation Fee. If ServerHost suspends your account or services for non-payment, You shall be allowed to re-instate Your use of the Services within Thirty (30) business days of suspension upon approval from ServerHost and full payment of balances due. A Reactivation Fee as per Appendix-I will be applied.
3.13. Restoration Fee. If You have terminated your Services, or your account has been terminated by ServerHostt for non-payment, or You would like to restore any data that you have deleted, You shall pay a Restoration Fee as per Appendix-I prior to any restoration of your data, and notify ServerHost with proof of payment. Once payment has been received, ServeHost will process the data restoration within Forty-eight (48) Business Hours. You are aware that not all data are restorable and ServerHost may reject your request if the data is no longer available.
3.14. New Service Fees. Fees and charges for any new Services or new feature of a Service will be effective when ServerHost posts updated fees and charges on the ServeerHost Website unless ServerHost expressly state otherwise in a notice. ServerHost may increase or add new fees and charges for any existing Services by giving You at least a 30-day advance notice.
3.15. Cancellation Fee. If You cancel any order after the same has been accepted by ServerHost, You shall be liable to pay a cancellation fee as set out in Appendix-I, if any.
3.16. Changes of Fees. ServerHost may vary its charges from time to time by returning notice to You. All variations will take effect from the date specified in the notice and You shall be bound to observe and comply with such variations.
3.17. Refundable Fees. Upon termination of this Agreement, You will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and renewal, setup fees, one time fees, shipping and handling, SSL certificate fees, software license fees, technical charges, unused bandwidth, unused disk space, unused backup space, are not refundable unless provided otherwise specified at ServerHost Website. ServerHost may, in its sole discretion, refund other amounts as it deems necessary or advisable.
3.18. Money Back Guarantee. Your Services may be eligible to the ServerHost’ Money Back Guarantee and subject to the terms and conditions of ServerHost’ Money Back Guarantee Policy as published on ServerHost Website.
3.19. Uptime Guarantee. Your Services may be eligible to the ServerHost Uptime Guarantee and may be eligible to Outage Event Credit in the form of a credit against future bill of amount payable by You for the provision of the service subject to the Terms of ServerHost Uptime Guarantee Policy as published on ServerHost Website.
3.20. Transfer of Credit. ServerHost may, at its absolute discretion and at any time, set off, consolidate or combine accounts or transfer any monies outstanding to the credit of Your account with ServerHost or any of its related companies of whatever description towards the reduction or discharge of any sum due to ServerHost by You under this Agreement.
4. Taxes.
4.1. Generally. You will be responsible for the payment of all taxes, duties (including stamp duty), fees and other charges made by any government authority in relation to this Agreement (other than taxes payable on the overall income of ServerHost).
4.2. Indemnity. You will pay and indemnify and hold ServerHost harmless from any and all taxes associated with or arising from Your use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
Use of the Services.
5.1. Generally. You may access and use the Services in accordance with this Agreement Service Level Agreements (“SLA”) may apply to certain Services. You will adhere to all laws, rules, and regulations applicable to Your use of the Services, including the Acceptable
Use Policy and other Policies as published on ServerHost Website.
5.2. Your Account. To access the Services, You must create an ServerHost Account associated with a valid e-mail address. You are also known as Primary Contact of Your account. Unless explicitly permitted by the Terms of Service, You may only create one account per email address. You are responsible for all activities that occur under Your account, regardless of whether the activities are undertaken by You, Your employees or a third party (including Your contractors or agents) and, except to extent caused by our breach of Agreement.
5.3. Secondary Contact. You may appoint a second person as the secondary contact for Your ServerHost Account. You are responsible for all activities that occur under Your account done by Your secondary contact.
5.4. Unauthorized Access. ServerHost and its affiliates are not responsible for unauthorized access to Your account. You shall contact us immediately if You believe an unauthorized third party may be using Your account or if Your account information is lost or stolen.
5.5. Update Contact Information. In the event which You or Your secondary contact’s email address is no longer valid and up to date in our billing system, You may request us to update Your contact information by filling up Billing Account Primary Contact Email Change Form. You acknowledge and undertake that the information provided is true, current, complete and accurate and You shall keep ServerHost indemnified against all claims, demands, proceedings, losses or damages costs of whatsoever that may be brought against or suffered by ServerHost as a result of ServerHost agreeing or conceding to Your request above-stated.
5.6. Transfer Account Ownership. In the event that You wish to transfer Your account to a new person, You can appoint a new person to replace You as the primary contact for Your ServerHost Account. You can do this by updating the primary contact’s information in ServerHost Billing System. By appointing a new Primary Contact, You acknowledge that the new contact is fully aware and agreed to be bound by the ServerHost terms and conditions of this Agreement.
5.7. Third Party Content. Third Party Content, such as software applications provided by third parties may be made available directly to You via other companies or individuals under separate terms and conditions, including separate fees and charges. Because ServerHost may not have tested or screened the Third Party Content, Your use of any Third Party Content is at Your sole risk and ServerHost shall not be liable for any infringement on intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights).
5.8 Third Party Software Subscription from ServerHost. ServerHost provides You with the option to subscribe for third party software as part of the Services. The terms and conditions governing that third party software are in addition to those set out in this
Agreement and can be found on ServerHost Website. You agree that You have read, understood and agreed to be bound by those terms and conditions. ServerHost may, at Your request, install the third party software purchased from ServerHost at a one-time installation fee. Subject to the indemnity rights of ServerHost under Clause 5.10, You undertake to, on a timely manner, notify ServerHost if You have subscribed and/or installed any such other third party software from the party other than ServerHost, failing which, ServerHost reserves to claim from and be indemnified by You on the damages, penalties, fines incurred.
5.9 Other Third Party Software. You warrant that You have the legal right to download, install and use of third party software or service, which is not the third party software purchased from ServerHost, on Your information technology system that is a subject to the Services or relates to the Services. If You fail to provide proof of licensing required by ServerHost, ServerHost may charge You a fee for the use of the third party software or service based on ServerHost’s agreement with the vendor.
5.10 Audit Right. ServerHost reserves the right to audit information technology system that is a subject to the Services or relates to the Services you have subscribed from ServerHost (at least once annually) to determine (i) what third party software is installed on that
information technology system (ii) the total number of user using each third party software licensed account of that information technology system. You shall indemnify ServerHost against any cost, claim, loss, damages, liability, demand and/or expense as aresult of failure by You to be properly licensed in respect of use of any third party software.
6. Changes.
6.1. To the Services. ServerHost may change, discontinue, or deprecate any of the Services (including the Services as a whole) or change or remove features or functionality of the Services from time to time. ServerHost will notify You of any material change to or
discontinuation of the Services.
6.2. To the APIs. ServerHost may change, discontinue or deprecate any APIs for the Services from time to time but will use commercially reasonable efforts to continue supporting the previous version of any API changed, discontinued, or deprecated for twelve (12) months after the change, discontinuation, or deprecation (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities).
6.3. To the Service Level Agreements. ServerHost may change, discontinue or add Service Level Agreements from time to time.
7. Provision of Services.
7.1. Generally. At the request of You and subject to acceptance by ServerHost, ServerHost will provide the Services.
7.2. Maintenance of Hardware and Software. Unless otherwise indicated in this Agreement, the Services shall not include the provision or maintenance of any computer equipment or software required by You to connect to the ServerHost Internet Server.
7.3. None Guaranteed of Services. ServerHost does not guarantee or warrant the availability of the Services or continuous, uninterrupted or secure access to the Internet.
7.4. None Guaranteed of Backup. ServerHost does not guarantee or warrant that the data stored in the ServerHost Internet Server will be backed up. You shall be responsible for keeping an independent backup of all data stored in the space allocated to You.
7.5. Right to Suspend. ServerHost reserves the right to suspend the Services or any part of them
for operational reasons or in an emergency and the You shall not make any claim or
compensation from ServeHost.
8. Technical Support.
8.1. Generally. ServerHost, either directly or through its assignee or licensee, shall provide Technical Support relating to the Your Services. ServerHost may refuse any and all requests for Technical Support with or without reason, in its sole discretion. Any Technical Support that ServerHost may subsequently agree to provide to you shall be at ServerHost’ sole
discretion and once commenced, may be terminated at any time by ServerHost without prior
notice to you and without any liability to ServerHost.
8.2. Third Party Software Support. ServerHost does not provide technical support for the third
party software. The third party software is offered “as-is.” the provision and offering of third party software by ServerHost does not constitute an endorsement of the third party software, nor can ServerHost make any representations or warranties regarding the use and functionality of such third party software.
9. Security Of Data.
9.1. Generally. You acknowledge that ServerHost shall not be liable for the security of Your data on any of Your Equipment or passing over the Services and that ServerHost shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data. You shall be solely responsible for the data retrieved, stored or transmitted through the Services.
9.2. Unauthorised Access. You agree that ServerHost is not liable for any unauthorised access to Your data even when the access occurs as a result of a fault in equipment or software owned, operated or supplied by ServerHost.
9.3. Log-In Credentials and Private Keys. ServerHost log-in credentials and private keys generated by the Services are for Your internal use only and You may not sell, transfer or sublicense them to any other entity or person, except that You may disclose Your Log-in Credentials and private key to Your agents and subcontractors performing work on Your behalf.
9.4. Other Security. You are responsible for properly configuring and using the Services and taking the necessary steps to maintain appropriate security and protection of Your Content, which may include the use of encryption technology to protect Your Content from
unauthorized access and make routine archiving of Your Content.
10. Disk Space
10.1. Shared Hosting, Reseller Hosting, Software As a Services Account. You may occupy only the amount of disk space on the ServerHost Server that is allotted by ServerHost according to the packages subscribed by You. Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to Web Pages, Files, Images, Videos, Logs, Backup, Emails, Databases, SQL data, Mailing List data and data in Your directories for virtual accounts. ServerHost is not responsible for measurements provided by individual control panel software, which is Third party software not controlled by ServerHost, which may or may not include all of the customer data in their measurements.
10.2. Cloud Server, Virtual Private Servers and Dedicated Server. The Disk Drive and/or Disk Space Quota for these accounts are hard quota based and You have full access and rights to the disk space. Available disk space for You includes the space required for the Operating System, Control Panel and other Services that come with the server setup which is selected by You. You have full control of all disk space for these accounts and may remove, delete and/or alter the installed files and configurations.
11. Bandwidth
11.1. Generally. All services including, Shared Hosting Account, Cloud Server, Virtual Private Server (VPS), Dedicated Server and Colocation Accounts are limited only to port speed. Default port setting is One (1) Mbps. Additional fees, specified in the account plan will be charged for exceeding the network bandwidth allowance of Your selected plan/server