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E-mail and Web Hosting Services Agreement


BACKGROUND


The shared hosting brand, Webvisions, is part of the ICONZ-Webvisions Group.

This E-mail and Web Hosting Services Agreement (“Agreement”) sets forth the terms and conditions for the supply of e-mail and web hosting services and the relationship between the Service Provider and the Customer (as hereinafter defined) in relation thereto.

This E-mail and Web Hosting Services Agreement (“Agreement”) sets forth the terms and conditions for the supply of e-mail and web hosting services and the relationship between the Service Provider and the Customer (as hereinafter defined) in relation thereto.

OPERATIVE CLAUSES

  1. DEFINITIONS
  2. The following are the definitions of terms used in this Agreement:

    “Service Provider”, “Our”, “Us” and “We” : refers to the shared hosting brand, Webvisions, part of the ICONZ-Webvisions Group
    “Customer”, “Client” and “You” : refers to the party or parties who enter into this Agreement with Webvisions
    “Service Agreement” : refers to a written service agreement of any service, in a form prescribed by Webvisions
    “Additional Service Agreement” : refers to additional terms and conditions specific to a Service, which will become a part of this Agreement when you order that Service
    “Services” : refers to any E-mail and/or Web hosting offered or provided by Webvisions
    “Service Plan” : refers to a package that is part of a Service offered or provided by Webvisions
    “Managed Services” : refers to any procedure outside the scope of standard support (requires an additional charge), carried out at the customer's request by Webvisions
    “Third Party Service Provider” : refers to any third party service provider on whom Webvisions depends in the provision of any Service or any part thereof or whose service, license, approval or fulfillment or certain obligation will affect the provision of a service or any part of a service
    “Provision” : refers to the configuration and setup of Service provided by Webvisions to its customer
    “Intellectual Property Rights” : refers to copyright, registered designs, patents, trademarks, applications of any of the above and other similar protected rights in any country
    “Our website” : refers to http://www.webvisions.com.my or any promotional domains which resolve to the same IP Address as http://www.webvisions.com.my from time to time
    “Content” : refers to textual, graphical, audio or like materials, together with any software, which can be uploaded or downloaded to or from the web.
    “My Account” : refers to a secure and password-authenticated portion of our website which allows you to view and/or manage your information and/or the Services.
  3. GENERAL
    1. Webvisions agrees to provide you with Services, and you agree to accept the Services subject to the terms and conditions herein.
    2. Agreement with you also includes:
      1. Additional Service Agreement(s) specific to any Service or Services, which you will agree to when purchasing or applying for that Service or Services.
      2. Your application forms for the initial account and for any Services ordered subsequently or in the future, including any information supplied by you on such forms.
      3. Our Acceptable Use Policy.
      4. Our Privacy Policy.
      5. Any other policies which Webvisions formally adopts from time to time.
    3. If, in our opinion, there has been a breach of the Acceptable Use Policy by a person using an Account ID allocated to your account, you agree that we are entitled to suspend the Service concerned without notice.
    4. Unless otherwise specified in an Additional Service Agreement, the Service provided by Webvisions will not include:
      1. The development or uploading of your website.
      2. Any service to reconfigure your computer system, hardware or software.
  4. PROVIDING US WITH INFORMATION
    1. You agree to provide us with accurate information about yourself and/or your Organisation. In particular, you agree to ensure the customer name field of the account application form bears your full legal name. We reserve the right to refuse to accept any name which we believe is not your full legal name or if the name used is offensive.
      1. If the Applicant is a Corporate body, you warrant that you are duly authorised to enter into this Agreement on behalf of the Applicant.
      2. If you are an Individual, you warrant that you are over 18 years of age.
    2. You also agree to provide us with any information we reasonably ask for to help us provide Services to you, or to comply with any legal requirement we may have in providing the Services.
    3. You agree to update your details by logging in to My Account at https://wam.webvisions.com/ when any of your contact details change. Webvisions will not be responsible in any way for any losses, damages, costs or expenses as a result of your failure to comply with this clause.
    4. Webvisions may publicly refer to you orally and in writing as a customer of Webvisions.
  5. YOUR RESPONSIBILITIES
    1. You agree to ensure your Service(s) is not used for any activity that breaches the law or infringes another person’s rights.
    2. You agree to ensure your Service(s) is not used in any way that interferes with other customers, defames, harasses or menaces anyone.
    3. You must not reproduce, distribute, copy, download, transmit or otherwise exploit any content which infringes any third party intellectual property rights or similar right unless you own or control the relevant rights or have obtained all the requisite licenses and approvals.
    4. You must not interfere with, disrupt, hack, break into or access any part of the Service, our Content or any of our Data Centres or our Third Party Service Provider’s servers for which you have not been authorised by us in writing.
    5. Webvisions may monitor your use of the Services and any material posted, downloaded, transmitted or communicated using the Services for compliance with Webvisions’ terms and conditions. Webvisions may pass any material or information it suspects to be illegal or offensive, to the relevant authority and you will have no claim against Webvisions for this.
    6. Webvisions may monitor your use of the Services at any time with regard to reasonable usage and if it deems your usage is in excess on the agreed stipulation of your Service Plan, and, or it places an unreasonable strain on Webvisions resources or Services to its existing or prospective clients, Webvisions reserves the right to request you to upgrade your Services within 48 hours of e-mail notification from Webvisions to your last known contact address.

      Failure to authorise, or provide suitable remedies in the above mentioned event may result in the suspension of your services.
    7. For customers who subscribes to a Service Plan with “Unlimited” features, there is no bandwidth or storage limit. Webvisions Shared Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. We reserve the right to disable your site, throttle your connectivity, or terminate your account if your use reaches the point where it has an adverse affect on other clients or impairs network performance.
    8. .
    9. You agree to ensure that no Minor (a person under the age of 21) will use our Service with an Account ID allocated to your customer account unless they have your express permission and are under your personal supervision.
    10. You agree to accept responsibility to all aspects regarding the use of our Service by anybody to whom you have given access to your Account or other means by which they may use the Service.
  6. VERIFICATION
    1. Webvisions reserves the right to delay fulfillment of any request for Services for so long as it shall require verifying the authenticity of the request or credit worthiness of the customer.
    2. Webvisions reserves the right to request and require whatever form of identification it deems necessary to verify the authenticity of any request regarding the Service.
    3. You agree that Webvisions shall have the right, at any time, to perform a credit reference check and/or trade reference check with respect to your circumstances or status, whether financial or otherwise.
  7. BILLING AND PAYMENT
    1. You must pay for the Services in accordance with the fees published by Webvisions on its website found at http://www.webvisions.com/.
    2. Our fees are stated on the order form for each Service displayed on our website. All our fees are stated in Ringgit Malaysia (MYR) and include GST which will be added to all transactions when required by Malaysia law.
    3. The acceptable methods of payment for Webvisions Services are Credit Card, Cheque and Cash.

      Note: Cheque and Cash payments are only applicable for Malaysia based customers. All customers not based in Malaysia are required to make payment via Credit Card.
    4. The term of this Agreement for provision of Services is fixed at 12 months or 24 months renewable annually or biennially for further periods of 12 or 24 months respectively.
    5. Renewal notices will be issued by e-mail 50 days prior to expiration of Service. Also, additional reminder e-mails will be sent at around 14 days and 7 days prior to expiration of Service.
    6. Provided payment of renewal fees are made prior to the expiration of the Service, supply of your E-mail and/or Web Hosting Services will continue without disruption.
    7. Payment of renewal fees can be made at any time within or prior to the expiration of Service.

      Note: Payment received before the expiration of Service does not change the expiration or anniversary date, which remains 12 or 24 months from the date of initial commencement of services.
    8. This is a fixed 12 month or 24 months Agreement. No refunds for early cancellation will be made.
    9. If payment of renewal fees is not received 5 days after expiration date, your Services will be automatically terminated.
    10. Dispute
      1. If you maintain that you have a valid claim against Webvisions arising out of the Service Agreement, it must be notified in writing to Webvisions within 12 months of the incident giving rise to such claim or you will be deemed to have waived your rights under the respect of such claim.
      2. You will not withhold any payment for any fees which are not in dispute.
    11. We may alter our fees from time to time. When we alter them we will post notice on our website of the alteration 30 days before the new fee takes effect. If the change of fees is not acceptable to you, you may cancel the Service.

      We will interpret your ongoing use of our Services after that date as constituting your acceptance of the amendments.

      If you do not agree to the amendments, you may notify us by e-mail requesting termination of the Agreement, and any applicable minimum terms will be waived in these circumstances.
    12. In the event of a chargeback by a Credit Card company (or similar action by another payment provider allowed by us) or other reversal of payment by you in connection with the Service, your Service may be suspended without notice. A chargeback fee of S$100 will apply.
  8. TERMINATION OF AGREEMENT AND CANCELLATION OF SERVICES
    1. Subject to any fixed or minimum term set out in an Additional Service Agreement, either party may cancel this Agreement either in total or for any specific Service. If there are Services for which a minimum term applies, no refunds for early cancellation will be made.
    2. Services can either be cancelled by non-payment on the renewal notice, or by sending an e-mail to billing@webvisions.com, including the password of the account.
    3. Webvisions reserves the right to cease immediately without liability (other than for the refund of unearned prepaid Service fees) to provide the Service and to terminate the Agreement if you should go into liquidation or bankruptcy or if you fail to comply with any obligation in accordance with this Agreement.
    4. Promotions: At the end of a promotional campaign, current Services will be charged at the normal Billing cycle unless otherwise stated or Service(s) duly cancelled by you.
  9. DISCLAIMER OF LIABILITY
    1. Any costs, losses, expenses and/or damages whether direct or indirect which are incurred by you as a result of your failure in whole or in part to comply with any of these terms and conditions.
    2. Any costs, losses, expenses and/or damages whether direct or indirect which are incurred by you for any reason as a result of our failure to fulfill our commitments under this Agreement in circumstances where the failure is due in whole or in part to any cause or event outside the reasonable control of Webvisions.
    3. Any indirect or consequential costs, losses, expenses and/or damages including but not limited to loss of profits, caused by any failure on the part of Webvisions to perform its commitments under this Agreement.
    4. Any third party claims and/or third party costs, losses, expenses and/or damages whether brought against Webvisions or you and which relate to your site.

      Further you agree to fully indemnify Webvisions, its employees, owners and directors against all such third party claims, costs, losses, expenses and/or damages, including any reasonable legal costs of and incidental to Webvisions (and/or its employees, owners and directors) defending themselves.
    5. Any amount by way of claim not otherwise excluded above, which exceeds in total an amount equal to 12 months fees paid by you for the Services.
    6. Webvisions is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilise.
    7. Webvisions does not represent or warrant to the Client that the Client will receive continual and uninterrupted, error free and virus free Service during the term of this Agreement.
  10. FORCE MAJEURE
    1. Neither Webvisions nor its Third Party Service Providers shall be liable for failure to fulfill its commitments in this Agreement if such failure is due to any circumstances outside its reasonable control. Such circumstances comprise, but are not confined to, acts of God, war, riots and sabotage, technological deficiency in the Internet or telecommunications systems or similar.
  11. GOVERNING LAW
    1. This Agreement shall be deemed to be an Agreement made in Singapore and shall be subject to, governed by and interpreted in accordance with the laws of Singapore.
  12. ASSIGNMENT
    1. We may assign or transfer our rights and responsibilities under this Agreement to someone else. We will give you notice by email in advance if we intend to do this.
    2. We may also subcontract the performance of any of our responsibilities under this Agreement to anyone else.
    3. You may not assign or transfer any of your rights or responsibilities under this Agreement to anyone else without our prior written consent.
    4. Each clause of the Agreement you have with us is separately binding. If for any reason we, you, or any of the persons specified in Clause 8 cannot rely on any clause, all other clauses of it are binding.
  13. NOTICES
    1. Notices to us which are required to be by e-mail must be sent to one of the following addresses: billing@webvisions.com, sales@webvisions.com, support@webvisions.com.
    2. Any notice which is required to be by e-mail may also be sent in writing on Company letterhead or stamp (chop).
    3. Notices by e-mail from us to you will be sent to the e-mail address currently listed in our records.
    4. Either party may deem the other party to have received any notice sent under this Agreement within the following time of its being sent to the relevant address:
      1. For notices transmitted electronically, within 24 hours of its sending by e-mail or facsimile, provided that no bounce or failure response has been received in that time.
      2. Within three to five working days of its being lodged with the postal or courier service in the case of notices that are sent by writing.
  14. INTELLECTUAL PROPERTY AND COPYRIGHT
    1. You agree and acknowledge that all Intellectual Property Rights and other rights in any Service, (whether developed individually, collectively or jointly with you) including but not limited to the Equipment and the Software are either owned by or licensed to Webvisions.
    2. You agree to not use the name, brand, logo or trademarks of Webvisions or its affiliated or related companies without prior written consent of Webvisions and not to take action or be associated with any activity that may interfere with or diminish Webvisions’ or its affiliated companies rights, titles and or interest in any of the trademarks.
    3. You agree to not use the name, brand, logo or trademarks which does not belong to it. In the event legal proceedings are taken out against Webvisions as a result of your unauthorized use of any name, brand, logo or trademark, then you shall indemnify Snappy Host against such claim in full including legal costs at all times.
  15. AGREEMENT AND VARIATION OF AGREEMENT
    1. You shall be deemed to have read this Agreement and agree to be bound by this Agreement. This Agreement shall supersede all proposals or prior Agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.
    2. We may amend this Agreement or any “Additional Service Agreement” at any time. This will vary our Agreement with you. When we do this we will provide the updated Agreement for your review and acceptance through our website. The amendments we make will apply on the date specified on the updated Agreement and we will give 30 days’ notice where possible.

      We will interpret your ongoing use of our Services after that date as constituting your acceptance of the amendments. If you do not agree to the amendments, you may notify us by e-mail requesting termination of the Agreement, and any applicable minimum terms will be waived in these circumstances.
    3. We reserve the right to modify, enhance and withdraw the service at any time. In the event of any change, we will notify you by e-mail giving reasonable notice of the change(s).
    4. You may have multiple Services with us. Any variation in your Agreement as it affects one Service or cancellation of one Service shall not affect any other Service you have with us, nor give rise to a right to cancel such other Service(s).

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