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 Service
Agreement / Terms & Conditions: 
1. Services
In this Agreement, unless the context otherwise provides, the following
terms shall have the following meanings:
- “Client” means a person, or body whether corporate
or unincorporated who seeks to purchase/utilize the Services;
- “Charges” means the charges for the Services specified
in a price quotation or request for Services;
- “Confidential Information” means any information disclosed
from one party to another pursuant to or in connection to this Agreement
including technical information relating to the Service and the
Equipment (whether orally or in writing and whether or not such
information is expressly stated to be confidential and marked as
such)
- “Equipment” means equipment used by Cyberhost™
for the provision of the Services which include web servers, application
servers, routers and switches, and all related telecommunications
connectivity;
- “Services” means Virtual Web Services.
- “Cyberhost” refer to Webtech Computerisation Pte Ltd.
- “Intellectual Property Rights” means any or all of
the trademarks, trade names, patent, copyright or other industrial
or intellectual property right subsisting in the relevant territory;
- “Client’s Website” means sites created and hosted
on Webtech Website;
- “Cyberhost Website” means the offering hosting and
transfer services over the Internet through access to its Web Server,
FTP Server and SMTP and POP Mail Server services by Webtech Computerisation
Pte Ltd.
2. Term of Agreement
2.1. This Agreement commence when
(a) Cyberhost receives a duly completed and executed request for
Services from the Client; or
(b) When the client commence using the Services.2.2. This Agreement
comes into effect on commencement and shall continue in force for
a period of 12 months or 24 months (“Original Term”)
as parties may agree. The Agreement upon expiry of the Original
Term shall, unless or until terminated by either party earlier in
accordance with clause 10 terminate and cease to have further legal
effect, save for clause 17. The Client has the option of renewing
the terms of this Agreement for a further period of 12 to 24 months,
as the case may be on the same terms and conditions herein (save
for any revisions or changes made my Cyberhost™ and published
on-site). A renewal notice will be sent to the Client two (2) months
prior to expiry of the Original Term.
3. Registration
3.1. Provision of the Service and commencement thereof is conditional
upon:-
(a) The Client’s provision of its own equipment, including
computer, modem, necessary to establish connection to the Services;
(b) Provision by the Client of current, complete and accurate information
about the Client as prompted to do so by the registration form/
as requested by Cyberhost™;
(c) Maintain and update such registration information as required
to keep such information current, complete and accurate;
(d) Acceptance of the terms and conditions herein.
3.2. If nay registration data that the Client provides is untrue,
inaccurate, not current or incomplete, Cyberhost™ reserves
the right to terminate the Client’s account and the Client’s
rights to use the Services.
4. Domain Name Registration
4.1. Cyberhost™ will not be responsible for any expiry billing
of your Internet Domain Name renewal. All Domain Name should apply
through Cyberhost or any other registrar. Cyberhost™ reserved
the right of registering Domain Name on a first come first serve
basis.
4.2. In this case, please refer to current prevailing charges as
set out at our pricing column (as at January 2001). The Client thereby
waives any and all claims which it may have against Cyberhost™,
for any loss, damage, claim or expense arising out of or in relation
to the registration of such Domain Name in any on-line or off-line
network directories, membership lists or registration lists, or
the release of the Domain Name from such directories or lists following
the termination of the providing of this service by Cyberhost™
for any reason.
5. Payment
5.1. Cyberhost™ shall charge and the Client shall
make payment for the provision of the Services in the manner and
at the rates prescribed by Cyberhost™ in the Cyberhost™
Website via our payment gateway. No cheques /T.T payment will be
accepted.
5.2. All transaction are to be carefully examined, including the
data information, such as domain registration, login ID, password.
Should any transaction has been passed through our commerce, Cyberhost™
will not wholly responsible and will not entertain to any refund
cases. All orders are deemed to be final and no discrepancies derived
from human error will be served.
5.3. Payment Currency will be charged in Singapore Dollars.
5.4. The first setup and payment are due at the time the application
and Agreement are filled out, and returned to Cyberhost™.
Subsequent payments are due according to the selected fee schedule
following the establishment of the web space or service on the Internet.
Web space and services will be billed a minimum of two (2) months
in advance. Subsequent notice of pre-payments is provided two month
before the expiry of the prescribed Service or the paid balance
available, whichever is sooner, as per the selected fee schedule.
In the event that the Client fails to pay for such services in advance,
Cyberhost™ shall be entitled to unilaterally terminate this
Agreement and discontinue the service until payment is made. In
this event, client is required to re-register their domain at our
sign up section.
5.5. In the case of a corporate client, the individual under whose
name the order is made is also responsible for all payments due.
5.6. All payments due to Cyberhost™ shall me made by Credit
Card. In the event that any of the sums due under this Agreement
or any part thereof is unpaid for a period of 14 days after it is
due, Cyberhost™ reserves the right to terminate or delete
immediately any of the virtual environments created beforehand should
payment not received by due date.
5.7. The Client shall pay any applicable Goods and Services Tax,
imposition, duty, levy whatsoever (“the taxes” ) which
may be from time to time imposed or levied by any government, statutory
or tax authority in Singapore on or calculated by reference to the
amount of any sums receivable by Cyberhost™ in relation to
this Agreement.
5.8. If this Agreement does not terminate in accordance with clause
10 herein, and is renewed in accordance with Clause 2.2, the Client
will receive an invoice for charges for a new term via electronic
mail or post and payment is due prior to the expiration date of
the Original Term or the expiry of any successive terns if this
Agreement. Renewal prices are subjected to change. It shall be deemed
that by renewal of this Agreement for Services, the Client is agreeable
to any revision of terms including price changes to this Agreement.
6. Setup
6.1. Upon confirmation of your registration, the Domain
account will be setup within the 48 hours, Hosting Services requires
72 hours and is subjected to region location.
7. Material and Products
7.1. Client will provide Cyberhost™ with material
and data in a condition that is “server-ready”, which
is in a form requiring no additional manipulation on the part of
Cyberhost™. Cyberhost™ shall make no effort to validate
this information for content, correctness or usability.
7.2. The Client agrees that he or she has the necessary knowledge
to create and maintain their website.
8. Operation of Cyberhost™ Website
8.1. Cyberhost™ will exercise no control whatsoever
over the content or format of the information passing through its
network or residing on its or its’ Clients’ servers
Cyberhost™ shall not be responsible for any damages that may
be suffered by the Client, including loss of data resulting from
delays, no deliveries or service interruptions by nay cause or errors
or omissions of the Client. In the event that material provided
by the Client is not “server-ready”, Cyberhost™
may, at its option and at any time, reject and delete this material,
including but not limited to after it has been put on Cyberhost™
server.
8.2. Cyberhost™ agrees to notify the Client of its refusal
of the material and afford Client the opportunity to amend or modify
the material to satisfy the needs and /or requirements of Cyberhost™.
If Client fails to modify the material, as directed by Cyberhost™,
within a reasonable period of time, which shall be solely determined
by Cyberhost™, the Agreement shall be deemed terminated.
8.3. Connection speed represents maximum speed of connection and
do not represent guarantees of available end-to-end bandwidth.
8.4. The Client agrees that Cyberhost™ shall be entitled (but
shall not be oblige) at any time, at Cyberhost™’s discretion
and without prior notice to temporarily suspend the operations of
the Client’s Website or part thereof for updating, maintenance
and upgrading purposes, or any purpose whatsoever that Cyberhost™
deems fit. Cyberhost™ specifically denies any responsibilities
for any loss, liability or damages arising as a consequence of such
unavailability.
8.5. Cyberhost™ shall not be liable for non-performance or
late performance of any obligation hereunder, to the extent and
for such period of time as such non-performance or late performance
is due to reasons beyond its reasonable contract, including but
not limited to, act of God, civil or ethnic unrest, shortage or
unavailability or labor, revolution or insurrection, war (whether
declared or not), terrorist activity, religious events, bombings,
blockages, embargoes, general labor strikes, power failures, acts,
restrictions, regulations, bye-laws. Prohibitions or measures of
any kind on the part of nay governmental parliamentary or local
authority or any governmental regulations imposed after the fact,
import or export regulations or embargoes, acts or defaults of any
telecommunications network operator, circumstances where communication
lines (whether Singapore or elsewhere) cannot be use for reasons
attributable to third party telecommunications carriers, fire, explosions,
floods, earthquakes or any other natural disaster, chemical contamination,
unavailability of equipment or components not caused by Cyberhost™
act or default.
9. Internet Etiquette
9.1. Users of Internet and electronic forums should be
considerate of the expectation and sensitivities of others on the
network when posting material for electronic distribution. The network
resources may not be used to impersonate another person or misrepresent
authorization to act on behalf of others or Cyberhost™. All
messages transmitted via Cyberhost™ service should correctly
identify the sender; users may not alter the attribution of origin
in electronic mail messages or posting. Users must not attempt to
undermine the security or integrity of computing systems or networks
and must not attempt to gain unauthorized access.
9.2. Due to the public nature of the Internet, all information should
be considered publicly accessible, and important or private information
should be treated carefully. Cyberhost™ is not liable for
protection or privacy of electronic mail or other information transferred
through the Internet or any other network Cyberhost™ or its
customers may utilize.
9.3. Use of distribution lists via unsolicited electronic mail or
other electronic mailings is strictly prohibited. Cyberhost™
reserves the right to deactivate the Client's Server accounts) upon
and indication of such activity. In such case Cyberhost™ is
not responsible for saving or returning any data, files or directories
stored on the server for/to the Client. Client hereby agrees to
indemnify and hold harmless Cyberhost™ from any claim resulting
from the Client's or another party's use of electronic mail services)
on the Client's Server accounts).
10. Termination
10.1 This Agreement may be terminated by the Client at
anytime. However, Cyberhost™ will not make any refunds of
any kind whatsoever although the contract terms have not ended.
This Agreement may also be terminated by Cyberhost™ by giving
the Client 30 days written notice.
10.2 Notwithstanding the above, Cyberhost™ may terminate service
under this Agreement at anytime with penalty, if the Client fails
to comply with the terms of this Agreement or upon indication of
credit problems.
10.3 Termination shall be accompanied by a written or electronic
notice to the other party. Cyberhost™ shall not be liable
to Client or any third party for termination of access to the Cyberhost™
Services.
10.4 Upon termination of this agreement, the Client’s use
of the Services immediately ceases and the Client acknowledges and
agrees that Cyberhost™ may immediately delete files in the
Client’s (account), bar further access to such files/Services.
10.5 The Client agrees that upon termination of this Agreement,
the Client will pay any and all outstanding frees, charges and payments
due to Cyberhost™ in full within 30 days after termination.
11. Limitation of Liability
11.1 Client expressly agrees that use of Cyberhost™
service is at Client's sole risk. Web and Print Design, its employees,
affiliates, agents, third party information providers, merchants,
licensers or the like, cannot warrant that the Cyberhost™
service 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 Server service or as to the accuracy, reliability or content
of any information service or merchandise contained in or provided
though the Cyberhost™ service, unless otherwise expressly
stated in this Agreement.
11.2 Client hereby agrees that any material submitted for publication
by Cyberhost™ through Client's accounts) will not contain
anything leading to an abusive or unethical use of the server products)
or the host servers). Abusive or unethical materials and uses include,
but are not limited to: pornography, obscenity, violations of privacy,
computer viruses, any harassing and harmful material or uses, any
illegal activity or materials) advocating illegal activity, and
any infringement of privacy or libel.
11.3 Client hereby agrees to indemnify and hold harmless Cyberhost™
from any claim resulting from Client's publication of material or
use of those materials. Cyberhost™ may or may not give notice
before deactivating the use of an accounts which Cyberhost™
decides is an abusive or unethical use of, or a potentially illegal
use of the Server accounts or host servers. In such case Cyberhost™
is not responsible for saving or returning any data, files or directories
stored on the server for/to the Client. Client hereby agrees to
indemnify and hold harmless Cyberhost™ for any claim resulting
from the submission of illegal materials.
11.4 Under no circumstances, including negligence, shall Cyberhost™,
its officers, agents or anyone else involved in creating, producing
or distributing Cyberhost™ service be liable for any direct,
indirect, incidental, special or consequential damages that result
from the use of or inability to use Cyberhost™ Server services;
or that results from mistakes, omissions, interruptions, deletion
or loss of files or data, errors, defects, delays in operation,
or of performance, whether or not limited to acts of God, communication
failure, theft, destruction or unauthorized access to Web and Print
Design's records, programs or services. Client maintains sole responsibility
for data backups and restoration. Client hereby acknowledges that
this paragraph shall apply to all content on Cyberhost™ Server
services.
11.5 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.
12. No Unlawful or Prohibited Use
12.1 As a condition of the Client’s use of the Services,
the Client agrees that it will not use the Services for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
The Client shall not use the Services in any manner which could
damage, disable, overburden, or impair any of the Service(s) or
the network(s) connected to any of the Service or interfere with
any other party’s use and enjoyment any of the Services. The
Client shall not attempt to gain unauthorized access to any Service,
other accounts, computer systems or networks connected to any Service,
through hacking, password mining, or any other means. The Client
shall not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the Services.
12.2 The Client acknowledges and is aware that transmission of any
material in violation of any regulation of the Republic of Singapore
is prohibited. This includes but not limited to copyright material,
material that is considered threatening, obscene, pornographic,
profane, and of trade secrets nature. This also includes links or
connection leading to such materials.
13. Indemnification
13.1 Client agrees that it shall defend, indemnify, save
and hold Cyberhost™ harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorneys' fees,
("Liabilities") asserted against Cyberhost™, agents,
its clients, 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 Cyberhost™
against Liabilities arising out of (i) any injury to person or property
caused by any products or services sold or otherwise distributed
in connection with Cyberhost™ Server service; (ii) any material
supplied by Client infringing on the proprietary rights of a third
party; (iii) copyright infringement and (iv) any defective product
which Client sold on the Server.
14. Reselling
14.1 The Client is not allowed, in any circumstances,
to resell the storage and transfer services provided by Cyberhost™.
15. Pricing
15.1 All prices is inclusive of Singapore tax(Goods &
Service Tax).
15.2 Changes and will be updated on Cyberhost™ website and/or
by means of facsimile, electronic mail and/or writing.
16. Modification of Terms and Conditions
16.1 Cyberhost™ reserves the right to change the
terms and conditions, and notices under which the services are offered.
Changes in service fees will take effect at the end of the Clients’
prepaid term; continuation use of the Services beyond the date of
such change shall constitute acceptance by the Client of the Agreement.
17. Intellectual Property Rights
17.1 The Client acknowledges that the data, information, and/or
content, including but not limited to text, software, music, sound,
photographs, video, games, graphics, graphical user interface, forms,
diagrams or other material, used in connection with, incorporated
or contained in or presented in the Client through Cyberhost™
Website (all fore mentioned data, information and content to be
collectively referred to as “Content”) are the exclusive
property of Cyberhost™ and /or its third party licensors and
are protected by intellectual property laws.
17.2 The Client must make sure that their Content in their web pages
that is hosted by Cyberhost™ conform to Intellectual Property
Rights. Cyberhost™ will not be held responsible by anyone
in any circumstances that the Client fail to conform to the terms
and conditions of this Agreement.
18. Notices
18.1 All notices to a party shall be in writing and shall
be made via e-mail and/or facsimile and/or Facsimile number 6-872-3279
for notices to Cyberhost™ or to the e-mail and/or Facsimile
number that the Client provides to Cyberhost™ as part of registration
data for notices to the Client, or such other address as either
party may specify from time to time.
18.2 All notices shall be deemed giving 48 hours notice via e-mail
is sent provided by the Client.
18.3 Cyberhost™ may also broadcast notices or messages on
the website on other matters of importance.
19. General Provisions
19.1 This Agreement shall exclusively be governed by and
construed in accordance with the laws of the Republic of Singapore.
The Client hereby consents to submit to the exclusive jurisdiction
of the Singapore Courts.
19.2 In the event that any provision of this Agreement shall, in
whole or part, be determined to be invalid, unenforceable or void
for any reason, such determination shall affect only the portion
of such provision determined to be invalid, unenforceable or void,
and shall not affect in any way the remainder of such provision
or any remaining provisions.
19.3 This Agreement and any modifications hereto constitute the
entire agreement between the parties with regard to the subject
matter hereof and supersede all prior understandings and agreements,
whether written or oral, as to such subject matter.
19.4 Nothing in this Agreement shall be deemed to Constitute either
party as the agent or representative of the other party, or both
parties for any purpose.
20. Acknowledgement
20.1 The Client acknowledge as follows:
(a) The Client has read and understood and accepts the terms of
this Agreement; and
(b) That this Agreement has the same force and effect as a signed
agreement.
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