Terms & Conditions
All Terms and Conditions of this TOS (Terms of Service) may be modified at our sole discretion without prior warning. A change to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates.
WHEREAS, SecureAX Sdn Bhd is a Web Service Provider connected to the Internet. SecureAX Sdn Bhd offers storage and transfer services over the Internet through access to its Web Server or client’s co-location servers;
WHEREAS, Client seeks to utilize SecureAX Sdn Bhd’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, SecureAX Sdn Bhd can make no guarantee that any given reader shall be able to access SecureAX Sdn Bhd’s server at any given time. SecureAX Sdn Bhd represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Use of SecureAX Sdn Bhd Service constitutes acceptance and agreement to SecureAX Sdn Bhd TOS (Terms of Service). From herewith in this TOS, the usage of “us”, “we”, “our”, “ours” shall constitute reference to SecureAX Sdn Bhd, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of SecureAX Sdn Bhd.
Acceptance of Contractual Agreement
Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by SecureAX Sdn Bhd, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
SecureAX Sdn Bhd will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay SecureAX Sdn Bhd any additional fees as specified in the Service Description.
Client agrees to be liable for any resolution or penalty charges involved in the dispute or resolution of complaints on violation of service at Client’s fault, such as and not limited to DoS (Denial of Service) and Unsolicited E-Mail (SPAM) activities.
Payment:
1. Establishment of this service is contingent upon receipt of payment from Client to SecureAX Sdn Bhd. Subsequent payments are due on the anniversary date of the month for that month’s service, unless Client requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
2. Client agrees to a monthly, quarterly, half-yearly or multi years contract. Accounts are payable in the period as agreed to, and signifies such agreement by acknowledgement in account setup form or subsequent written agreement. A month is considered to be a calendar month. The date at which a new account becomes active shall be the date upon which notification is sent to the Client of the IP number or Domain password and information.
3. Full payment for the agreed contract period, setup charges plus domain name fee, if any, shall be due upon agreement.
4. Invoices are sent out via email only. If an account is not paid in full within 30 days of the due date then we have the right to suspend your account (without notice) until all payments have been received. It is the duty of the Client to keep SecureAX Sdn Bhd updated on their current address and Admin email contact.
Taxes:
SecureAX Sdn Bhd shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or SecureAX Sdn Bhd’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Late Payment:
Services will be subjected to suspension if full payment is not received by the invoice due date. Late payment interest will be charged on the overdue amount at 1.5% or US$5 per month whichever is higher. For reactivation of service, a reconnection fee of US$5 applies.
Delinquent Accounts:
SecureAX Sdn Bhd may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
Account Cancellation:
All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and emailed to support[at]secureax.com. This agreement will automatically renew unless cancelled in writing is received. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract and Agreement revisions if any.
Refunds and Disputes:
All payments to SecureAX Sdn Bhd are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargeback’s, in SecureAX Sdn Bhd discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.
Termination:
1. SecureAX Sdn Bhd may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
2. In the case of “Force Majeure”, SecureAX Sdn Bhd will notify the Client at the earliest opportunity. “Force Majeure” will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of “Force Majeure”. “Force Majeure” means any event or thing outside SecureAX Sdn Bhd reasonable control, which directly or indirectly causes SecureAX Sdn Bhd becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to:
(i) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun;
(ii) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties;
(iii) action or inaction by a government entity or agency; or
(iv) the unrelated action or inaction of a third party which is beyond SecureAX Sdn Bhd reasonable control, which causes a delay or ultimately a failure to perform SecureAX Sdn Bhd obligations under this Agreement.
Limited Liability:
1. Client expressly agrees that use of SecureAX e Pte Ltd’s Services is at Client’s sole risk. Neither SecureAX Sdn Bhd, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that SecureAX Sdn Bhd’s services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the SecureAX Sdn Bhd services, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall SecureAX Sdn Bhd, its offices, agents or any one else involved in creating, producing or distributing SecureAX Sdn Bhd’s services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the SecureAX Sdn Bhd services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to SecureAX Sdn Bhd’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on SecureAX Sdn Bhd’s services.
3. Client is to monitor their own domain renewals/registrations. Please inform SecureAX Sdn Bhd immediately if there is any discrepancies. SecureAX Sdn Bhd will not be liable for any domains it failed to secure even if payment is made in full. For such cases, SecureAX Sdn Bhd will refund the domain fees paid in full. Any penalties resulting from expired or deleted domains are to be borne exclusively by Client. Expired domain names may incur Redemption Fee charged by our domain registrar, which typically ranges from USD$200 to USD$500, depending on the domain name extension.
4. Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
Lawful Purposes:
Client may only use SecureAX Sdn Bhd’s Server for lawful purpose. Transmission of any material in violation of any International, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. SecureAX Sdn Bhd expressly forbids anyone from using SecureAX Sdn Bhd’s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the SecureAX Sdn Bhd management.
Indemnification:
Client agrees that it shall defend, indemnify, save and hold SecureAX Sdn Bhd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against SecureAX Sdn Bhd, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless SecureAX Sdn Bhd against Liabilities arising out of
(i) any injury to person or property caused by any products sold or otherwise distributed in connection with SecureAX Sdn Bhd’s Server;
(ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement and (iv) any defective product which Client sold on SecureAX Sdn Bhd Server.
(iv) any defective product which Client sold on SecureAX Sdn Bhd services.
Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of SecureAX Sdn Bhd. services as specified in this Terms & Conditions.
Content Clause:
Client agrees not to publish adult-related, pornographic, or otherwise publicly offensive material using SecureAX Sdn Bhd’s server. All content is subject to denial at any time on the basis of controversial media.
Data Protection:
SecureAX Sdn Bhd handles all customer data with great care, taking on the responsibilities of ensuring that only the authorised person can gain access to data hosted with SecureAX. Any government officials who require access to customer data are required to produce court orders, where the customer shall be informed immediately on such request.
Disaster Recovery Protection:
SecureAX Sdn Bhd performs daily backup on all managed hosting services, where the backup data is stored for up to seven (7) days for disaster recovery and mitigation purpose only. These data shall be permanently destroyed upon the cancellation of service by customer and may not be offered to customer, depending on whether backup service is subscribed by the customer. Where applicable, a one time data recovery & restoration fee of SGD$250 shall be levied to perform files/folders/email recovery. SecureAX Sdn Bhd has the rights to refuse data recovery & restoration request and shall not be held responsible for the integrity of data restored.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the Singapore and of the SBA.
Please print a copy of the Agreement for your reference.
