The following agreement is by VST Advance Solutions Sdn Bhd (1039950-K) (“VSTSB”) and The Client (“YOU”).
All Users of Services provided by VSTSB, by use of such Services, accept the terms of business set out in the form of Services agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the Services.
These terms may be revised from time to time. A customer’s use of IP VSTSB Services after changes to the Terms are posted on IP VSTSB website will constitute the customer’s acceptance of any new or additional terms that result from those changes.
For the purposes of this Agreement,
“Services” or “Services” means domain name registration, website hosting, bandwidth provision, email and any other web hosting related Services or facility provided by us to YOU;
“Server” means the computer server equipment operated by us or provided by YOU in connection with the provision of the Services;
“Website” means the area on the Server allocated by us to YOU for use by YOU as a site on the internet;
VST Advance Solutions Sdn Bhd (1039950-K) (“VSTSB”) (www.yesspage.com), registered office: No.307, Jalan Telok Gadong KS 1, Off Persiaran Raja Muda Musa, 42000 Pelabuhan Klang, Selangor Darul Ehsan, Malaysia;
“Contract” means the agreement between VSTSB and the User incorporating these conditions, VSTSB Order Form (where completed) and VSTSB’s published charges for the provision of its Services; References to “Agreement” shall, where the context admits, be read as referring to the contract;
“Charges” means the charges as agreed on the Order Form (where completed) and VSTSB’s latest published prices for products and Services requested or incurred by YOU.
These Terms and Conditions (“Agreement”) governs the use of the Services (“Services” or “Services”) that are made available by VSTSB. (“VSTSB”, “WE” or “US”), These Terms and Conditions represent the whole agreement and understanding between VSTSB and the individual or entity who subscribes to our Services (“Member”, “Members” or “YOU”).
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting YOUR application and by YOUR use of the Services, YOU agree to comply with all of the terms and conditions set out in this Agreement. VSTSB may terminate YOUR account at any time, with or without notice, for conduct those us in breach of this Agreement, for conduct that VSTSB believes is harmful to its business, or for conduct where the use of the Services is harmful to any other party
We deploy, operate and maintain computing infrastructure. Our Services includes the provision of capacity on this infrastructure to YOU. YOU will rent capacity on our infrastructure, which YOU will access exclusively over the internet, and will use this capacity to store data and/or to run virtual servers or dedicated servers. We also offer accompanying Services, for example domain name registration and DNS Hosting.
We have taken reasonable care in compiling the content of our website, but make no warranty as to the accuracy of any descriptions of our Services on our website (with the exception of the Terms of Services), and we do not accept any liability resulting from any reliance YOU or any third party may place on such descriptions, In particular performance descriptions are indicative and not guaranteed.
We do not support any operating systems and/or other software which YOU run on YOUR shared hosting, virtual servers or dedicated servers. We do not make any representations, warranties or guarantees regarding data retention, data integrity, Services security or Services suitability for any purpose. YOU must not use our Services in any safety critical systems.
VSTSB shall NOT BE HELP RESPONSIBLE for any malfunction or data or files lost in any events regardless of the reason(s). It is the duty of the clients to do their own data or files backups on other resources to ensure that they have ready access to the data or files in the event that any failure, faulty or situation that is beyond the VSTSB control occurs.
Terms of Services Violation
VSTSB reserves the right in its sole discretion to refuse or terminate Services to YOU at any time. We may, but need not, give YOU notice of such termination or of a suspected violation of any of our Terms of Services, Such notice may, but need not, contain such warning, suspension or possible account termination as we from time to time in our sole discretion determine advisable. We also reserve the right to remove materials from YOUR web site at any time if we determine in our sole discretion that such content or materials violates our Terms of Services. Any pre-payment of YOUR accounts that is terminated due to our determination of a violation of one or more of our Terms of Services will not be refunded. YOU agree to pay to us our costs, including reasonable attorney fees, incurred as a result of our investigations and/or defense of any third party claiming that YOUR website violates or infringes on their rights. We have the right to require pre-payment of such fees. We are, however, under no obligation to conduct any investigation and may, if we choose, terminate YOUR Services upon receipt of such third-party claim or upon our own action. In the event of a termination of Services, YOUR files and data stored on our computers will be deleted after such termination.
The clients agreed and warrant VSTSB that the use of the Yesspage Services(s) provided by VSTSB will not going to subject VSTSB to any claim(s). The clients further agreed if VSTSB are sued or threatened with lawsuit in connection with Services(s) provided to the clients, VSTSB may turn to the clients to indemnify, defend and hold VSTSB harmless from the claims and expenses including attorney’s fees and court costs.
VSTSB will NOT BE RESPONSIBLE for any incidental, consequential, special or punitive damages or lost or imputed profits or royalties that YOUR business may suffer. We make no warranties of any kind, expressed or implied for Services that we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all Services interruptions caused by our web hosting Services and our employees. We reserve the right to revise the policies at any time. Therefore all end users, resellers and dedicated servers of us must adhere to the above policies.
Any accounts setup on the hosting account but inactive or unused after 15 days of setup may be terminated without notice. It is the duty of the reseller to manage accounts and to remove the inactive accounts at their discretion. The hosting Services will be terminated after five (5) times failure to remove the inactive accounts.
By activating the account the VSTSB, the client deems to have read, understood and agreed with the terms of Services, policies and guidelines.
VSTSB reserves the right to revise, add to or modify the above terms of Services at any time. VSTSB has the right to terminate the clients account or restrict its use if VSTSB believes that the clients have violated or may violate any of our terms of Services.
VSTSB reserves the right to conduct a random security inspection on any clients account at their discretion. This security inspection conducted for the purpose of maintaining the integrity of VSTSB Services and to prevent any violation of the Terms of Services.
HOSTING & EMAIL
VSTSB virtual site and reseller accounts operate on shared resources. Excessive CPU, Bandwidth or Disk Space usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowance of YOUR specific plan type. Any activities that consume an undue amount of CPU time, memory, disk space and session time to the degree that may compromise other users or which may impairs VSTSB systems or network performance is STRICTYLY PROHIBITED. VSTSB reserves the right to limit or terminate any process which it deems to be using excessive resources usage.
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. YOU shall be responsible for making back-up files in connection with the use of the Services by Yourself. YOU may reinstate files which are automatically archived by us upon request for a minimal fee; however, we do not guarantee the existence, accuracy, or regularity of its backup Services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by us.
YOU shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
YOU represent, undertake and warrant to us that YOU will use the Website allocated to YOU only for lawful purposes. In particular, YOU represent, warrant and undertake to us that.
YOU will not post, link to or transmit.
We reserve the right to reject any hosting application.
If the domain name looks sensitive, unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way, unless legal supporting documents are provided to prove the validity and integrity of the Services requested.
If the applicant detail looks ambiguous, untrue or incomplete, unless supporting documents are provided to prove the validity and integrity of the applicant.
A Virtual Server must be shared with other users and thus, we must limit how much of the CPU, memory, disk I/O, disk space and database use can be used by any one account on a shared server. We have a strict policy regarding use of system resources in our Shared Virtual Servers (including the Bulk Reseller Servers) to ensure fairness.
One hosting plan is allowed to host one domain name only unless stated support for add on domain. YOU shall not use/share any part of YOUR hosting space/Services ie.sub domain/sub directory to another party. We shall have the right to suspend or terminate any or all the Services provided to YOU at any time for any reason, generally without notice.
YOU shall keep secure any identification, password and other confidential information relating to YOUR account and shall notify us immediately of any known or suspected unauthorized use of YOUR count or breach of security, including loss, theft or unauthorized disclosure of YOUR password or other security information.
YOU shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.
Spamming / Mass mailing is strictly not allowed in our shared hosting environment. Sending huge volume of emails can impact the server performance. Therefore we limit the amount of email allowed on our shared hosting servers (including the bulk reseller servers). Any account which is found to involve in spamming activity will be suspended immediately without prior notice.
YOU agree to use only properly licensed third party software in connection with the use of the Services.
While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
We shall not be held liable for the content put in YOUR Web Site. Any information YOU provide to the visitors of YOUR Web Site is at YOUR own risk.
YOUR Web Site would be hosted by us for one year or monthly according to plan choose, starting from the day YOUR account is activated. Should YOU wish to continue with our Services, confirmation with us should be made prior to the ending of the Services.
Should YOU require the change of hosting platform or change of domain for existing hosting account from one to another, there shall be processing charges apply, exclude any domain registration fee/additional Services charges that may incur; provided the change request is accepted and allowed by us.
The Services are provided to YOU on an “AS IS” basis and without warranty of any kind. Shall there be any Services upgrade/downgrade or pricing adjustment from time to time, existing customer will not be affected and shall follow the Services/pricing mentioned at the time YOUR account is activated within the one year subscription period. Upon renewal, the customers are bond to new Services/allocations/rules introduced which applicable to the package subscribed.
In the event that YOU refuse to move to alternative hosting solution i.e. vps, dedicated hosting when advise, we reserve the right to suspend and terminate the Services provided. No refund will be provided.
In the event where no payment or proof of payment has been made, the hosting account will be deleted from our server 15 days after the hosting expiry date.
The Services will be provided/reactivated to YOU after full payment is received. Hosting Refund request is accepted only if the request is made within the specified money back guarantee duration if there is any. Renewal fee or any payment is not refundable. The fund will be reserved for next item purchase.
YOUR incoming and outgoing bandwidth will be monitored and combined, and YOU will be charged the Fees set out in the Order Form.
Cloud Services may have limitations on both the bandwidth and/or throughput YOU may use. These limitations are generally set out on YOUR Order Form. However, YOU may not use the Services in a way that jeopardizes our ability to provide Services to other Customers or the stability of our network. Should we determine that YOU have used the Services in this manner, we reserve the right to limit YOUR use of the Services to minimize these effects. Following our limitation of this use, we will notify YOU in writing of steps YOU may take to mitigate these effects. If YOU do not accept these steps, we reserve the right to impose permanent limitations on YOUR use of the Services.
We reserve the right to relocate the equipment used to provide the Services at any time. YOU will have no physical access to this equipment.
A Customer’s use of our Power Pack product shall be subject to this fair use policy. The Power Pack product permits a Customer to exceed the allocated limit applicable to their cloud server product's RAM to meet exceptional needs for short periods.
In addition to any limit specified for the Power Pack product purchased by a client in the product literature or on a purchase order, we may apply a fair use policy. We reserve the right to limit the amount of excess RAM available to a Customer’s cloud server should such server use a significant amount of excess RAM for an extended period of time.
In this event, we will inform the Customer and will recommend that the Customer upgrade their cloud server product.
DOMAIN NAME REGISTRATION
We make no representation that the domain name YOU wish to register is capable of being registered by or for YOU or that it will be registered in YOUR name. YOU should therefore not assume registration of YOUR requested domain name(s) until YOU have been notified that it has or they have been registered. Any action taken by YOU before such notification is at YOUR own risk.
The registration and use of YOUR domain name is subject to the terms and conditions applied by the relevant naming authority; YOU shall ensure that YOU are aware of those terms and conditions and that YOU comply with them. YOU shall have no right to bring any claim against us in respect of refusal or failure to register a domain name. Any administration charge paid by YOU to us shall be non-refundable notwithstanding refusal by the naming authority to register YOUR desired name.
Should YOU wish to have us help YOU register YOUR domain name, YOU should be aware that we do not guarantee the successfulness of such registration. YOU might be entitled to change, modify or provide another name if YOUR preferred domain name is taken. We would make confirmation with YOU once YOU registration is successful.
We shall have no liability in respect of the use by YOU of any domain name; any dispute between YOU and any other person must be resolved between the parties concerned in such dispute. If any of such disputes arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any of such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us.
We reserve the right to reject any domain application, if the domain name looks sensitive, unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way, unless legal supporting documents are provided to prove the validity and integrity of the domain requested.
In the event where no payment made or proof of payment given by client, the domain will not be renewed and will be left to expire. Should YOU allow the domain to expire, YOU will be able to renew it for up to 30* days after the expired date. After which there will be an expensive restoration fee exclude domain renewal fee if YOU wish to restore the domain. An expired domain will be deleted by Domain Registrar and reopen for new registration only after 60-90 days from expiry date.
The Customers are based on ‘PREPAY’ which in an ordinary meaning means payment received before rendering any Services. The Customer shall promptly pay on demand by VSTSB 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. Fees for all Services ordered by The Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional Services, cancellations and Services credits. Fees are due in advance of the monthly Services cycle and will be billed on the anniversary date of each month.
If Customers are unable to access the electronic invoicing Services for technical reasons or the invoices received are in an unintelligible form, Customer must contact and inform VSTSB immediately for the invoice concerned.
Customer is STRICTLY not allowed to perform any form of amendment or modification towards invoice issued by VSTSB.
Fees payable monthly, quarterly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates. The Customer will automatically be charged again at the end of their Services prepay period unless The Customer has followed the Termination procedure. The Customer 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 VSTSB.
The Customer must bear full responsibility to this Agreement’s Payment Term as Below:
All monthly charged bills are required to settle within 15 days upon received invoice.
All quarterly charged bills are required to settle within 30 days upon received invoice.
All yearly charged bills are required to settle within 30 days upon received invoice.
Customer that have any unsettled invoices after their given due date will be suspended. If a further invoice falls due during the suspension of the Client’s account then this will be added to outstanding balance owed by the Client. Customer are still liable to all unsettled outstanding after the reformatting of Services equipment and MUST be settle accordingly.
Dedicated Server and VPS Hosting
Billing for each Service shall commence on the Effective Service Date. Customer will be invoiced monthly for all amounts. All payments are due within the terms specified on the Order Form without set-off or demand. All invoices shall be deemed final and binding unless Customer notifies VSTSB in writing of any alleged discrepancies no later than thirty (30) days from the date of such invoice(s). All payments required by this Agreement are exclusive of any national, state, municipal, or other governmental excise, sales, value-added and occupational taxes and other fees and levies, all of which Customer shall be responsible for and will pay in full, other than taxes based on YESSPAGE net income. Customer will be deemed to be in default hereunder if payment is not received within the terms specified on the Order Form and, in addition to its other remedies, YESSPAGE may charge Customer interest equal to 1 1/2% per month on any amount past due. In the event YESSPAGE is unable to deliver the Services due to any reason, issue or delay caused either directly or indirectly by the Customer or its agents, such Services shall be deemed delivered and YESSPAGE shall commence billing when YESSPAGE is ready to deliver such Services.
Any account that is suspended due to non-payment will incur RM 30.00 reinstatement fee. Account are suspended upon seven (7) days past due. YOU shall be allowed twenty four (24) to seventy two (72) business hour to reactivate your service upon we received a full payment.
Any cancellation made after 30 days is not refundable.
If YOU exceed the allowed disk usage for your account you will be billed a rate of RM 250.00 / USD 56 per 500 MB. YOUR disk usage is calculated by the average of disk space you have used each day in calendar month. Please remember that the following items count against your disk usage. All directories/files in your home directory, all directories/files in your anonymous FTP directory, YOUR mailbox(es), and any database that you might be using.
You will be responsible for all the taxes, duties (including stamp duty and GST), paypal and credit card gateway, fees and other charges made by government authority in relation to this agreement.
We hate to see you go, but here is how this service may be terminated.
VSTSB may terminate YOUR Services under the following circumstances (non-exclusive list):
Non-payment of fees
YOU are in breach of any term or condition of this Agreement
YOUR use of the Services disrupts VSTSB business operations or affects any other party.
All Member data is removed from VSTSB servers for such terminations.
YOU may request account termination or hosting plan changes at any time by contacting our Customer Services team either through phone or email. Our contact information can be found on the Support page of our website.
If YOU terminate your account, VSTSB will deactivate the server/account on the day YOU specify the account is cancelled. VSTSB will not maintain an archival copy of your Web site(s) or files. It is YOUR responsibility to remove any data off the server prior to the data provided in their cancellation notice.
PLAN CHANGE/CANCELLATION AND REFUNDS
When submitting YOUR cancellation request, YOU must provide the correct Member ID and password for YOUR account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. YOU will be responsible for any Services fees that arise from YOUR failure to cancel YOUR account.
FEES ARE NOT REFUNDABLE, UNLESS YOU CHOOSE SERVICES COVERED BY A “30 DAY MONEY BACK GUARANTEE”.
Cloud Hosting/Web Hosting/Email Hosting
VSTSB may provide refund on the 30 days money back guarantee only for the cloud and web hosting plan. All refund is only valid for a first time customer. Domain name will be excluded for refund even though you subscribed to our web hosting plan with free domain name. In the event that you request a refund for hosting with free domain name, the refund will be given minus domain name deduction based on the current YESSPAGE selling price. Any refund is at the sole discretion of YESSPAGE. If YOUR hosting plan includes a free domain name, YOU will be required to pay a Domain Reimbursement Fee to reimburse VSTSB for the domain name registration when YOU do any of the following before YOUR hosting plan subscription expires:
YOU cancel YOUR hosting plan subscription.
YOU change to a hosting plan or term that does not offer a free domain name.
YOU transfer the domain name to another domain registrar.
The amount of this fee will vary depending on the domain type and on the registration term.
Dedicated Server and VPS Hosting
Cancellations must be submitted in the client portal via the request cancellation link. All cancellations must be (7) Days prior to service renewal date. Requests for refunds are governed by our Money Back Guarantee which is 30 days for Virtual Servers and 7 Days for Dedicated Servers. Refunds are limited to one (1) refund request per customer account.
Only one refund may be issued for each invoice. VSTSB reserves the right to grant or deny any refund requests.
All the registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.
RELOCATION OR UPGRADE
If YOU terminate during the Initial Term as a result of relocation or in order to upgrade the Services, YOU Shall not be liable to pay for the remainder of the monthly rentals for the Initial Term, provided YOU enter into a new Agreement with VSTSB for the Services at the new location or for the upgraded Services immediately upon termination of this Agreement. The new Agreement between YOU and VSTSB for the new location or upgraded Services will be based on the prevailing charges, rates and terms and conditions imposed by VSTSB.
When YOU apply to use VSTSB Services, YOU will be asked to select a Member ID and Password. The Member ID and Password are the means through which YOU access certain Services. YOU acknowledge and agree that it is YOUR responsibility to safeguard the Member ID and Password YOU select from any unauthorized use. In no event will VSTSB be liable for the unauthorized use or misuse of your member ID or password.
Members are responsible for maintaining accurate account information at all times, including credit card and contact information.
Routine maintenance and periodic system repairs, upgrades, and reconfigurations may result in temporary impairment or interruption in Services. As a result, VSTSB does not guarantee continuous or uninterrupted Services and reserves the right from time to time to temporarily reduce or suspend Services without notice.
TECHNICAL SUPPORT BOUNDARIES
VSTSB provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is My Company obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt requested; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile. If posting correspondence to VSTSB please use the following address details:
No.307, Jalan Telok Gadong KS1,
Off Persiaran Raja Muda Musa,
42000 Pelabuhan Klang, Selangor.
VSTSB reserves the right to refuse Services to anyone. YOU may only use VSTSB server for lawful purposes and our Services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the laws of Malaysia, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of VSTSB management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that VSTSB may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
VSTSB is committed to safeguarding YOUR privacy online. This statement is therefore set out to outline how we make use of the information YOU submit to us during registration. This terms contained on this page may be revised from time to time.
Personal information is requested when YOU register to be a member. During registration, YOU are asked to provide YOUR name, email address, birth date, gender, postal, or zip code, occupation, industry and personal interests, etc. The more information YOU submit and the more accurate it is, the better we are able to tailor our Services to YOUR needs
By using our website or Services, VSTSB may collect audience data from its visitors, such as age, gender, and interests. VSTSB’s purpose in collecting this information is to identify the visitor or member, as well as to send recent updates and important announcements via post and/or email. VSTSB does research on our visitor and member demographics and interests based on the collected information. We do this to better understand and serve all our visitors and members. This data is compiled, analyzed, and used only by VSTSB. No part of the information YOU have provided would be sold, disclosed, or made accessible by third-parties or by the public.
Members hold complete freedom to express themselves on their web sites. Although YOUR intellectual freedom is respected, VSTSB still reserves the right to remove from our servers any obscene, threatening or illegal content.
RESERVATION OF RIGHTS
VSTSB reserves the right and sole discretion to:
Censor any website hosted on its servers that is deemed inappropriate.
Review any account for excessive space or bandwidth utilization and to suspend Services to those accounts that have exceeded allowed levels.
Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
Suspend the Services at any time for any duration of time when necessary, without penalty or liability to ourselves.
YOU agree that it may be necessary for us to temporarily suspend the Services for technical reasons or to maintain network equipment or facilities.
LIMITATION OF LIABILITY
In no event shall VSTSB be liable for damages resulting from loss of data, profits, use of the VSTSB site or any VSTSB products or Services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or Services provided hereunder. VSTSB shall not be liable for any claimed damages, including incidental and consequential damages that may arise from its servers going off-line or being unavailable for any reason whatsoever.
YOU acknowledge that any loss or corruption of data which occurs due to an interruption in the Services, regardless of the cause of the interruption, shall not be the responsibility of VSTSB and that YOU may, following an interruption in the Services, be required to upload the data to the servers and other equipment which provide the Services.
VSTSB does not in any way guarantee, warrant, or represent end-to-end transactions throughout of any connection through the telecommunications network operator of internet Services providers. VSTSB shall not be liable for losses whatsoever incurred by Customer arising from network unavailability arising from failure of third party Services (including but not limited to telephone and power Services) whether or not such Services were installed, provided, or organized by VSTSB. In no event shall VSTSB be liable to the Customer or any other party for any failure, disruption, downtime, interruption, miscalculation, incorrect linkage, delay, inaccuracy, or other non-performance of the Services for any loss of information or otherwise nor for any loss of business opportunity, consequential, indirect, special, or incidental damages as a result of interruption of the Services.
YOU shall indemnify us and keep is indemnified and hold us harmless from and against any breach by YOU of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to YOU and YOUR use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of YOUR breach or non-observance of this Agreement.
We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, fire, flood, theft, labor disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts or terrorism or war.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, Services marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on VSTSB unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without VSTSB's prior written consent. VSTSB's approval for assignment is contingent on the assignee meeting VSTSB's credit approval criteria. VSTSB may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
In any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any, represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior agreements or understandings, written or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by VSTSB. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees.
This Agreement is made under and shall be governed by the laws of Malaysia, except with regard to its conflict of law rules. This Agreement and VSTSB policies are subject to change by VSTSB without notice. Continued usage of the Services after a change to this Agreement by VSTSB or after a new policy is implemented and posted on the VSTSB constitutes YOUR acceptance of such change or policy. We encourage YOU to regularly check the VSTSB site for any changes or additions.