Welcome to our website. By applying or registering with any of our(ASIAHOST) product , you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ASIAHOST's relationship with you in relation to this product. If you disagree with any part of these terms and conditions, please do not subscribe with any of our product and services.
ASIAHOST will install all the services (hereinafter collectively known as the “Service”) specified in the SS&P of this Service Agreement for the CUSTOMER. CUSTOMER will be responsible for all content stored on and distributed from the Service. In addition:
1.1 This Service Agreement does not include any additional services. Additional services, including but not limited to, HTML programming, gateway programming, system administration, CGI development, application installation or media streaming services, may be purchased from ASIAHOST and will not be performed without written approval of CUSTOMER. All service activations and/or changes must be accompanied by a signed written proposal;
1.2 This Service Agreement has no limitations on the following services, except where expressed within this ST&C: Authorized Email access, Authorized TELNET access, Authorized SSH access or Authorized FTP access.
1.3 ASIAHOST does not support material on its network deemed to be either pornographic in nature, unsolicited email or spam, illegal in nature or fraudulent in nature. While non exhaustive, the CUSTOMER shall be deemed to have read and understood ASIAHOST' policies available at the web resource site http://www.ASIAHOST.com/v3/termandconditions_ASIAHOST___v3.php. ASIAHOST reserves the right to terminate any account that breaches these limitations, or where the usage does not abide by the relevant laws of the Malaysia.
1.4 ASIAHOST provides siteSupport Express Service which includes:
-Warm rebooting of servers;
-Power cycling (turning on and off) equipment;
-Setting accessible dip switches;
-Securing cabling to connections, cable organization, ties or labelling;
-Observing, describing or reporting on indicator lights or display information on machines or consoles;
-Basic observation and reporting on local environment in ASIAHOST’ premise;
-Typing commands on a keyboard as may be requested by CUSTOMER.
1.5 ASIAHOST provides basic network monitoring 24 hours a day and 7 days a week (24x7) including sending a ping to the server every five (5) minutes. When a ping trace is not returned, CUSTOMER has the option of rebooting and/or receiving an email alert from ASIAHOST.
1.6 ASIAHOST provides system administration service, as described in http://www.ASIAHOST.com/services/siteadmin, called siteAdmin service which is chargeable either on an adhoc request basis or on a prepaid support plan basis known as siteAdmin Service Packs.
1. SiteAdmin adhoc service is chargeable at the rate of RM625 per hour. siteAdmin Service Packs is a one-time fee of RM4,500 which comprises of ten (10) hours of siteAdmin time. CUSTOMER can choose to purchase more siteAdmin Service Packs in blocks of ten(10) hours during the Service Term.
2. SiteAdmin service is performed between 9 a.m. to 6 p.m. SGT (GMT+8) Monday to Friday. Any siteAdmin service performed outside these hours is chargeable at RM1,000 per hour for siteAdmin adhoc service or double the usage hours in siteAdmin Service Packs service. For example, if one (1) hour of work is conducted outside office hours under siteAdmin Service Packs, it is chargeable for two (2) hours of siteAdmin Service Packs prepaid support time.
3. There is no expiry date for siteAdmin Service Packs except upon the cancellation of the CUSTOMER Service Agreement. siteAdmin Service Packs can be carried forward to the next Service Term along with the renewal of CUSTOMER Service Agreement.
4. The one time fee paid for siteAdmin Service Packs is neither exchangeable nor refundable for cash under any circumstances. The minimum denomination in siteAdmin support time billed in any instance is one (1) hour. The support time is calculated from the time an ASIAHOST engineer begins work on a Work Order through a Work Order Service Request form received online or signed and faxed by CUSTOMER until the completion of job specified. This will include time needed for troubleshooting problems, researching for the solutions and/or traveling to CUSTOMER premises.
1.7 ASIAHOST do not permit CUSTOMER to introduce additional power extension cords or make use of additional power sockets not otherwise agreed with in the Service Agreement. Should a customer be found with additional power sockets used,ASIAHOST reserves the right to charge the CUSTOMER, RM125 setup and RM125 monthly per power socket used and it reserve the right to demand that the CUSTOMER remove any unauthorized power extension cords.
1.8 ASIAHOST do not permit CUSTOMER to use of any recording devices, including but not limited to cameras, mobile phone cameras, video-cams, and tape recorders in the ASIAHOST' data centers without prior written permission from ASIAHOST.
2.1 To the extent permitted by the applicable law, the express terms of this Service Agreement is in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise.
2.2 The CUSTOMER acknowledges and agrees that ASIAHOST exercises no control over, and accepts no responsibility for, the content of the information passing through ASIAHOST’ host computers, network hubs and points of presence (the “ASIAHOST network”) or the Internet.
2.3 Notwithstanding any other oral or written communications between ASIAHOST and the CUSTOMER about or in connection with the Service, to the extent permitted by the applicable law, neither ASIAHOST, its employees, affiliates, agents, suppliers, sub-contractors, third-party information providers, merchants, licensors nor the like make any warranties of any kind to the CUSTOMER or any other person with respect to the Service or any equipment provided hereunder and disclaim all other warranties and conditions, express or implied, including without limitation warranties of error-free performance, quality, non-interruption of use, freedom from bugs or otherwise, and disclaim all implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, title and non-infringement, accuracy, reliability or content of any information services or merchandise contained in or provided through the Service, or otherwise.
2.4 While every care will be taken by ASIAHOST to provide the Service and ensure a high level of security, ASIAHOST disclaims all liability whatsoever for any loss, alteration, destruction or disclosure to any third party whomsoever, of any of the CUSTOMER’s data or other data howsoever caused or arising including without limitation, delays, interceptions, non-deliveries or misuse as a result of any interruption, suspension or termination of the Service. ASIAHOST cannot guarantee and does not warrant the accuracy of any data or report of the Service delivered to the CUSTOMER.
2.5 The CUSTOMER understands and agrees that ASIAHOST shall under no circumstances be held responsible or liable for situations where the CUSTOMER’s data is accessed by third parties through illegal or illicit means, including situations of access by exploitation of software security gaps, inherent flaws or weakness in any software, or the CUSTOMER’s own internal security procedures governing the use of the Service and the conduct of its users.
2.6 Where ASIAHOST assists the CUSTOMER by registering in the CUSTOMER’s name such domain name(s) selected by the CUSTOMER as part of the Service, the CUSTOMER undertakes to fully indemnify ASIAHOST in respect of any liability to a third party arising out of such a registration.
2.7 Subject to any service level agreements specifically referenced herein, the services and equipment provided under or associated with this Service Agreement are provided on an “as is” basis.
2.8 Neither ASIAHOST, its employees, affiliates, agents, suppliers, sub-contractors, third-party information providers, merchants, licensors or the like, warrant that the Service will not be interrupted or error free; nor do any of them make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information services or merchandise contained in or provided through the Service.
2.9 ASIAHOST is not liable for the content or loss of any data transferred either to or from the CUSTOMER or stored by the CUSTOMER or any of the CUSTOMER’s clients via the Service provided by ASIAHOST.
2.10 Where legislation implies in this Service Agreement any condition or warranty, and that legislation avoids or prohibits in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Service Agreement. However, the liability of ASIAHOST for any breach of such condition or warranty shall be limited, at the opinion of ASIAHOST, to one or more of the following:
a. If the breach relates to goods:
i. The replacement of the goods or the supply of equivalent goods;
ii. The repair of such goods;
iii. The payment of the cost of replacing the goods or of acquiring equivalent goods; or iv. The payment of the cost of having the goods repaired; and
b. If the breach relates to services:
i. The supplying of the Service again; or
ii. The payment of the reasonable cost of having the Service supplied again.
Any additional service subject to this Service Agreement may, together with other details relating to such service, form the subject matter of an addendum (Addendum) that ASIAHOST reserves the right to annex to this Service Agreement. Any Addendum so annexed shall form part of this Service Agreement.
Payment for the Service in this Service Agreement is subject to the following conditions:
4.1 The First Payment as described in the SS&P or Addendum is due and payable upon signing of this Service Agreement. At the end of the Service Term, this Service Agreement is automatically renewed for the same period as the initial Service Term unless the Service Agreement is terminated with sixty (60) days notice in writing prior to expiration of the Service Term.
4.2 The Subsequent Monthly Payment is due on the first day of every service month or on the stipulated due date stated in the invoice, whichever is earlier.
4.3 In the event that CUSTOMER’s account becomes past due, ASIAHOST may, in its sole discretion, suspend, interrupt or disconnect the Services in this Service Agreement and any other Services that the CUSTOMER may have subscribed to with ASIAHOST, upon fourteen (14) days notice to CUSTOMER. This notice will be sent via email to the email address last notified by CUSTOMER according to ASIAHOST records.
4.4 In the event that CUSTOMER’s account becomes past due for thirty (30) days, ASIAHOST may assume that CUSTOMER wishes to discontinue the Service fully and ASIAHOST will terminate the Service to CUSTOMER unilaterally and immediately without any further consent from CUSTOMER. In this case, the Service Agreement Termination Clause under Clause 6 of these ST&C is deemed to be invoked by CUSTOMER and termination penalty fee under Clause 6.3 shall apply immediately. However, prior to terminating the Service, ASIAHOST will first have notified the CUSTOMER of the outstanding amount due under the account and provide sufficient time for the CUSTOMER to remedy the same. In the event the CUSTOMER fails to remedy the breach within the period stated in the notice given by ASIAHOST, ASIAHOST shall be entitled to exercise the provisions stated in this Clause.
4.5 For any reinstatement of suspended Services, a penalty of RM625 will be charged to CUSTOMER. For Service suspended, ASIAHOST may require such other action of CUSTOMER as ASIAHOST reasonably determines is necessary under the circumstances, including letters of credit, banker guarantees, security deposit(s), restrictions on available credit or other action as ASIAHOST may require from time to time regardless of CUSTOMER’s then-current payment status on its account or its payment history on such account. Failure to satisfy ASIAHOST’ request for such action within timelines reasonably set by ASIAHOST may result in immediate termination of the Service without further notice. CUSTOMER may not withhold or offset any payment for any reason without ASIAHOST’ prior written consent.
4.6 ASIAHOST shall bear no liability for any loss or damage resulting from its suspension or termination of Service under Clauses 4.3 and 4.4.
4.7 CUSTOMER understands and agrees that ASIAHOST has the rights of lien over all equipment in their custody against unpaid debts plus interest accrued from the date of the invoice. Interest so charged will be levied at the rate of ten percent (10%) perannum. CUSTOMER account must be current before any of their own equipment may be out-processed from the ASIAHOST data centre.
4.8 CUSTOMER understands and agrees that this Service Agreement is automatically and fully activated and chargeable on the Service Activation date.
4.9 The CUSTOMER hereby acknowledges that non-receipt of statement of account, bill of charges or any correspondence in relation to the Service is not a valid reason for the CUSTOMER to hold back or delay any outstanding payment due to ASIAHOST.
4.10 In the event the CUSTOMER wishes to dispute any fees or charges in a statement of account, bill of charges or invoice issued by ASIAHOST, this must be notified to ASIAHOST as soon as possible and in any event, not later than the date on which the said amount becomes due and payable. All such disputes should be sent to [contact person and address or email] and accompanied by the following information :
a. CUSTOMER name
b. Server ID assigned by ASIAHOST
c. Details of the relevant statement/bill/invoice that is being disputed
d. Basis of the dispute together with any relevant evidence to support the same Upon receipt of the above notice, ASIAHOST will look into the matter and complete its investigation as soon as possible. The result of the said investigation will be made known to the CUSTOMER as soon as reasonably practicable thereafter. Notwithstanding such a dispute being lodged by the CUSTOMER, the CUSTOMER is obliged to pay to ASIAHOST the portion of the fees or charges contained in the relevant statement, bill and/or invoice that is not the subject of the said dispute and failure by the CUSTOMER to do this can be treated as a breach of this Service Agreement and ASIAHOST will be entitled to take the necessary actions in relation to such a breach. If the parties are unable to resolve the billing dispute even after the investigation conducted by ASIAHOST, such a dispute can be referred to the Small Claims Tribunal or alternatively, in accordance with the provision set out in Clause 29 of this Service Agreement.
ASIAHOST reserves the right to adjust the pricing for this Service Agreement, but only after thirty (30) days written notice has been given to CUSTOMER via email upon mutual agreement with CUSTOMER.
CUSTOMER or ASIAHOST may terminate all or any of the Service in this Service Agreement subject to the following conditions:
6.1 The Service or this Service Agreement may be terminated upon sixty (60) days advance written notice by the CUSTOMER after the First Payment has been paid in full, and subjected to any additional termination charges. Such notice must be submitted to ASIAHOST on official company letterhead signed by the signatory to this Service Agreement, or its authorized representative, together with the following information:
a. CUSTOMER Name
b. Effective Date of Intended Termination
c. Server ID assigned by ASIAHOST
6.2 Unless otherwise specified in this Service Agreement, ASIAHOST will provide CUSTOMER at least sixty (60) days notice of any exercise by ASIAHOST of its right to terminate this Service Agreement. Also, prior to suspending or terminating a service on the basis of a breach of agreement or for non-payment, ASIAHOST will first notify the CUSTOMER of the breach and provide sufficient time for the CUSTOMER to remedy the same. In the event the CUSTOMER fails to remedy the breach within the period stated in the notice given by ASIAHOST, ASIAHOST shall be entitled to suspend and/or terminate the Services provided as it sees fit. Notwithstanding the above, ASIAHOST is at liberty to dispense with service of a notice under this clause if :
a. It has reasonable grounds to believe that delay in suspending and/or terminating the service is likely to harm and/or cause disruption to the network and business of ASIAHOST (and this includes instances where the CUSTOMER’S server or website is compromising the resources of ASIAHOST network or other hardware through excessive bandwidth utilization or otherwise)
b. ASIAHOST is acting in compliance with a requirement of any regulatory authority or law enforcement body
c. Where the CUSTOMER is an individual, the individual dies; or
d. Where the CUSTOMER is a corporation, the corporation ceases to carry on its business.
6.3 If the Service or this Service Agreement is terminated before the expiry of the first Service Term or any subsequent Service Term,CUSTOMER shall be liable for a termination fee of one hundred percent (100%) of the Total Monthly charge as stated in the SS&P and all Addendum for each month remaining in the first Service Term or that subsequent Service Term;
6.4 CUSTOMER is required to settle all outstanding payment to ASIAHOST before any equipment belonging to them can be removed from the ASIAHOST data center. All removal of such equipment must be scheduled on weekdays during the business hours from 9a.m. to 6p.m. SGT (GMT+8) Monday to Friday. A charge of RM1,000 per hour will be levied to CUSTOMER for any removal of equipment done outside this business hours:
6.5 ASIAHOST shall bear no liability for any loss or damage resulting from the termination of Service under this Service Agreement or removal of any equipment by the CUSTOMER from the ASIAHOST data center.
6.6 CUSTOMER will be given without further notice seven (7) working days from the last day of service to remove their own equipment from the ASIAHOST Data Centre. If CUSTOMER did not remove the equipment at the end of the seventh day, ASIAHOST will power down the equipment in the rack. A storage charge of RM25 per RU (rack unit) per day will be imposed seven (7) working days after the last day of service. Any storage charge must be settled in cash before the equipment will be released to the CUSTOMER from the ASIAHOST Data Centre. Any equipment not removed after the thirtieth (30th) day from the last day of service, ASIAHOST will deemed the equipment to be unclaimed by the CUSTOMER and will exercise its rights to dispose of this equipment in any way it deem fit, without further notice or any compensation or liability to the CUSTOMER. If the additional storage charge exceeds the valuation of the equipment to be disposed, CUSTOMER will pay the balance in cash to ASIAHOST.
Bandwidth utilization and calculation is subject to the following terms and conditions:
7.1 Bandwidth Measurement:
7.1.1 The maximum throughput of port assigned to the CUSTOMER is 100Mbps via Fast Ethernet interface unless the CUSTOMER chooses to cap the bandwidth at a fixed level.
7.1.2 All traffic utilization for CUSTOMER is measured by using a software program known as Multi-Router Traffic Grapher (herein known as “MRTG”) at the port used by CUSTOMER. The MRTG at ASIAHOST is configured to monitor traffic passing through the switch as well as through the router. At the switch, the MRTG will monitor individual ports linked to each server to determine the traffic volume. Samplings are taken at 5-minute intervals and two samples are taken at each time: A sample to measure the data traffic from the switch to the server. And a sample to measure the data traffic from server to switch;
7.1.3 The MRTG can generate data traffic reports based on different time scales at 5-minute intervals, weekly 30 minute intervals and monthly 2-hour intervals. Bandwidth utilization is based upon the 95th percentile of the total bandwidth used. This figure is obtained as follows:
a. Raw data is sorted in ascending order up to the maximum incoming or outgoing traffic rate;
b. The 95th percentile is calculated using the formula: x=0.95n, where ‘n’ represents the total number of samples taken within the month;
c. The figure obtained (‘x’) is rounded off to the nearest whole number;
d. The figure that occupies the xth position in the data queue represents the 95th percentile. That is, if ‘x’ is 245, the 245th figure in the data table obtained in step (a) will represent the 95th percentile that will be used to calculate a client’s bandwidth utilization.
7.1.4 Excess bandwidth is deemed to be utilized when the 95th percentile reading at the end of the calendar month exceeds the Total Bandwidth Allocation specified in the SS&P. CUSTOMER will be billed for such excess bandwidth utilized at RM3.75 per Kbps. For example, if the 95th percentile reading at the end of the calendar month is 2.176Mbps and the CUSTOMER has contracted 1.024Mbps of bandwidth in this Service Agreement, the charge for excess bandwidth payable to ASIAHOST for that month shall be (1152*3.75)=RM4,320
7.1.5 Local Traffic and Bandwidth means IP traffic localized to ASIAHOST’ Network or IP traffic to ASIAHOST’ peering partners. For example, if an Internet Service Provider (ISP) has traffic that is routed to ASIAHOST via a non-peering link, this traffic is not considered local traffic. A peering link is defined as an internet link where free exchange of traffic between ISP and ASIAHOST occurs.
7.2 Bandwidth Charges:
7.2.1 ASIAHOST will cap the bandwidth purchased by the CUSTOMER as a default. This is the guaranteed bandwidth level. CUSTOMER may choose to uncap the bandwidth to allow the bandwidth to burst above the guaranteed bandwidth level. However CUSTOMER understands that by uncapping the bandwidth, excess bandwidth may be utilized for any particular month and as such this excess bandwidth is charged to the CUSTOMER at the end of each month.
7.2.2 When CUSTOMER chooses to uncap the bandwidth, CUSTOMER agrees to pay ASIAHOST for any excess bandwidth above the 95th Percentile, according to the rates as defined in Sub-Clause
7.1.4. The CUSTOMER will be responsible for monitoring their bandwidth usage from the online MRTG graphs provided by ASIAHOST. For the avoidance of doubt, MRTG graphs provided by ASIAHOST will be the final determination of bandwidth usage.
7.2.3 CUSTOMER agrees to pay for its bandwidth usage as determined by ASIAHOST’ MRTG Graphs in any circumstance including hacking or illegal use which may result in increased use of bandwidth.
m7.2.4 In the event of any hacking or illegal activities that had taken place on a CUSTOMER's server hosted at ASIAHOST which results in increased bandwidth being utilized which is above the guaranteed bandwidth, the CUSTOMER may formally request for a subsidy of up to 50% (percent) of the incurred bandwidth cost attributed to such activities. The CUSTOMER will be responsible for providing proof of any such activities. The subsidy is subjected to final agreement
by ASIAHOST on completion of any investigation.
8.1 Definitions and Interpretations The definitions of this Service Level Guarantees in this Service Agreement is subjected to the following meanings:
8.1.1 "ASIAHOST Network" means all telecommunications and networking devices within each ASIAHOST Point-of- Presence (“POP”), all wiring within each ASIAHOST POP and all telephone circuits between ASIAHOST POP. The ASIAHOST Network does not include telecommunications and networking devices not owned or not directly controlled by ASIAHOST;
8.1.2 "Network Outage" means an outage that is contained within the ASIAHOST Network where CUSTOMER cannot connect to the server from their location, but does not include planned outages as notified by ASIAHOST, partial outages or degradation of service due to high packet loss or other similar network symptoms which indicate a condition outside of ASIAHOST control. A Network Outage does not in any way include the failure of hardware or software used or owned by CUSTOMER
8.1.3 "Sixty (60) Contiguous Minutes" means an unbroken sequence of sixty (60) minutes of network outage;
8.1.4 "One (1) Rebate" means only one credit paid in any calendar month into CUSTOMER’s account. The rebate amount is calculated as described in Clause below, regardless of the number of Network Outage that may occur in the same calendar month;
8.1.5 "Eligible CUSTOMER" means any customer who has purchased a service from ASIAHOST outlined in the SS&P, but excludes a customer who has a non-standard service or installation. In addition, CUSTOMER’s account must be up-to-date on all payment and in compliance with the terms in this Service Agreement;
8.1.6 "One (1) full week of credit" means a credit of seven (7) days, pro-rated on the basis of a thirty (30)-day month, calculated using the monthly rate owed by CUSTOMER for the month in which a Network Outage, Dedicated Server Hardware Outage, Backup and Restoration Process Failure or Firewall Hardware failure occurs, exclusive of any charges for traffic utilization, pass-through local loop and value-added services including but not limited to labour and taxes;
8.1.7 “Dedicated Server Service” is a ASIAHOST service and it means the dedicated server service defined and provided by ASIAHOST.
8.1.8 “Dedicated Server Hardware” means hardware components of the server provided in the ASIAHOST Dedicated Server service only. The components include the processor(s), random access memory, hard disk(s), motherboard, network interface card(s) and any related hardware component which may be installed in the dedicated server only;
8.1.9 “Dedicated Server Hardware Outage” means to the failure of Dedicated Server Hardware to power-up and work in a reasonable fashion as intended;
8.1.10 “siteBackup Service” is a ASIAHOST service and it means the backup service defined and provided by ASIAHOST;
8.1.11“Backup and Restoration Process Failure” means any situation in which ASIAHOST cannot restore a scheduled backup due to no fault of CUSTOMER and which results in a loss of data to CUSTOMER;
8.1.12 “siteSecure-Managed Firewall Service” is a ASIAHOST service and it means the managed firewall service defined and provided by ASIAHOST
8.1.13 “Firewall Hardware” means the firewall equipment and other related firewall hardware included under the Service Agreement;
8.1.14 “Failed Firewall Hardware” means the failure of the Firewall Hardware to power-up and work in a reasonable fashion as intended.
8.1.15 “siteStore Service” is a ASIAHOST service and it means the data storage service defined and provided by ASIAHOST;
8.1.16 “siteStore Service Outage” means the loss of the ASIAHOST Storage Area Network (“SAN”) service and/or total loss of data stored on the SAN service.
8.2 Claim Policy and Process All claims for breach of Service Levels under this Service Agreement shall be made in the following manner:
8.2.1 All claims under this policy must be submitted using a “Credit Note Application” form which shall be provided by ASIAHOST when the need arises with all details requested in the form filled in by CUSTOMER. This form must then be faxed to ASIAHOST within forty-eight(48) hours from the start of the Network Outage;
8.2.2 The information that would be included in the “Credit Note Application” form is but may not be limited to:
a. CUSTOMER company name and registered business address;
b. Server ID(s) assigned by ASIAHOST identifying the server(s) affected by the Network Outage;
c. Date and Start/End times of the Network Outage;
d. Description of any issue faced;
e. Signature of CUSTOMER’s authorized representative
8.2.3 ASIAHOST will acknowledge all claims within two (2) business days and will review all claims within ten (10) business days of receipt of email. ASIAHOST account manager will advice CUSTOMER by email at the current address last notified by CUSTOMER according to ASIAHOST records. ASIAHOST will advise in the email whether the appropriate service credit will be issued on the next invoice or reject the claim by specifying the basis for rejection;
8.2.4 ASIAHOST reserves the right to change, amend, revise or revoke any one or more of the policies at any time of the Service Term;
8.2.5 In the event of a Network Outage which may result in any ASIAHOST services not made available to CUSTOMER under this Service Agreement, CUSTOMER is able to make one(1) such claim under the Network Performance Guarantee only and no others.
8.2.6 In the event of any outage howsoever arising and of whatsoever nature, in respect of, or arising from, this Service Agreement or the provision of services hereunder, the maximum claim CUSTOMER can make against ASIAHOST in any given month is 100% of CUSTOMER’s monthly fee (i.e. or one month’s worth) as stated in this Service Agreement.
8.2.7 Any claims under any breach of Service Levels will be limited to the individual ASIAHOST service in this Service Agreement which is covered under this Clause 8 only.
8.3 Network Performance Guarantee: ASIAHOST is committed to providing a reliable, high quality network to support CUSTOMER worldwide, and in so doing aims to provide a network availability of 99.98% on the ASIAHOST Network. The ASIAHOST Network Performance Guarantee which CUSTOMER has subscribed to as indicated in the SS&P of this Service Agreement, is subject to the following terms and conditions:
8.3.1 Network Performance Guarantee - Standard: In the event of a Network Outage that is (1) due to a cause within the ASIAHOST Network and (2) exceeds sixty (60) contiguous minutes, the eligible CUSTOMER may request a rebate equivalent to the total number of minutes that the Network Outage occurred as indicated by ASIAHOST network monitoring system. Such rebate shall be credited to CUSTOMER’s account by ASIAHOST and each rebate shall be prorated based on the actual number of days in that calendar month of the Network Outage incident and the ASIAHOST service as stipulated in the SS&P of this Service Agreement. The maximum rebate is RM1,875 per month. This rebate is limited to one (1) per month during the Service Term;
8.3.2 Network Performance Guarantee - Enhanced: In the event of a Network Outage that is (1) due to a cause within the ASIAHOST Network and (2) exceeds sixty (60) contiguous minutes, the eligible CUSTOMER may request a rebate of one(1) full week of credit for the service supplied by ASIAHOST as stipulated in the SS&P of this Service Agreement. The maximum rebate is RM5,000 per month. This rebate is limited to one (1) per month during the Service Term;
8.3.3 Network Performance Guarantee - Premium: In the event of a Network Outage that is (1) due to a cause within the ASIAHOST Network and (2) exceeds sixty (60) contiguous minutes, the eligible CUSTOMER may request a rebate of two (2) full weeks of credit for the service supplied by ASIAHOST as stipulated in the SS&P of this Service Agreement. The maximum rebate to be applied is RM12,500.00 per month. This rebate is limited to one (1) per month during the Service Term.
8.4 Dedicated Server Hardware Guarantee This SLG is applicable to CUSTOMER that subscribe to ASIAHOST Dedicated Server Service and ASIAHOST guarantees the functioning of the dedicated server hardware components under the Service. ASIAHOST will diagnose any fault and replace any failed component at no additional cost to CUSTOMER. Upon identification of a dedicated server hardware outage, hardware remedy will begin immediately. The ASIAHOST Dedicated Server Hardware Guarantee is subject to the following terms and conditions:
8.4.1 Dedicated Server Hardware Guarantee – Standard: Any dedicated server hardware remedy is guaranteed to be completed within thirty-six (36) hours of problem identification. This does not include time needed to configure or optimize the dedicated server hardware and does not include system administration time needed to install operating systems or any software application. In the event that it takes ASIAHOST more than thirty-six (36) hours to replace faulty dedicated server hardware, ASIAHOST will rebate CUSTOMER an amount equivalent to five percent (5%) of the monthly fee of the Dedicated Server Services only per additional hour of dedicated server hardware outage, up to twenty-five percent (25%) of CUSTOMER’s monthly fee for the Dedicated Server Service only. Such rebate is limited to one (1) rebate per month during the Service Term.
8.4.2 Dedicated Server Hardware Guarantee – Enhanced: Any dedicated server hardware remedy is guaranteed to be complete within twenty-four (24) hours of problem identification. This does not include time needed to configure or optimize the dedicated server hardware and does not include system administration time needed to install operating systems or any software application. In the event that it takes ASIAHOST more than twenty-four (24) hours to replace faulty dedicated server hardware, ASIAHOST will rebate CUSTOMER an amount equivalent to five percent (5%) of the monthly fee of the Dedicated Server Services only per additional hour of dedicated server hardware outage, up to fifty percent (50%) of CUSTOMER’s monthly fee for the Dedicated Server Service only. Such rebate is limited to one (1) rebate per month during the Service Term.
8.4.3 Dedicated Server Hardware Guarantee – Premium: Any dedicated server hardware remedy is guaranteed to be complete within four (4) hours of problem identification. This does not include time needed to configure or optimize the dedicated server hardware and does not include system
administration time needed to install operating systems or any software application. In the event that it takes ASIAHOST more than four (4) hours to replace faulty dedicated server hardware, ASIAHOST will rebate CUSTOMER an amount equivalent to five percent (5%) of the monthly fee of the Dedicated Server Services only per additional hour of dedicated server hardware outage, up to one-hundred percent (100%) of CUSTOMER’s monthly fee for the Dedicated Server Service only. Such rebate is limited to one (1) rebate per month during the Service Term.
8.5 SiteBackup Service Level Guarantee This SLG is applicable to CUSTOMER that subscribed to ASIAHOST´ siteBackup service. CUSTOMER understands that ASIAHOST does not guarantee the integrity of backup media or the success of any backup or restoration process. The CUSTOMER is responsible to verify the success of any backup process. ASIAHOST will provide one free Backup Recovery test (by appointment only) each month and one free Disaster Recovery test (by appointment only) each year during the Service Term. Any other recovery services will be charged at a SiteAdmin rate of RM625 per hour. In the event of a restoration process failure that causes loss of CUSTOMER data, ASIAHOST will refund the CUSTOMER one-hundred percent (100%) of CUSTOMER's monthly siteBackup service fee only. Such rebate is limited to one (1) rebate per month during the Service Term.
8.6 SiteSecure Service -Managed Firewall Service Level Guarantee This SLG is applicable to CUSTOMER that subscribed to ASIAHOST siteSecure-Managed Firewall service. In the event that the dedicated firewall hardware fails, hardware remedy will begin immediately upon identification of the failed firewall hardware. The SLG guarantees resolution of the fault within four (4) hours of the problem being identified. In the event that it took more than four (4) hours to replace faulty firewall hardware, ASIAHOST will rebate CUSTOMER an amount equivalent to five percent (5%) of the monthly fee of the siteSecure-Managed Firewall service only per additional hour of failed firewall hardware, up to one-hundred percent (100%) of CUSTOMER's monthly fee for the siteSecure-Managed Firewall service only. Such rebate is limited to one (1) rebate per month during the Service Term.
8.7 SiteStore Service Level Guarantee This SLG is applicable to CUSTOMER that subscribed to ASIAHOST siteStore service. For each reported incident exceeding 60 continuous minutes of SAN outage per month, ASIAHOST will rebate an amount equivalent to one (1) full week of credit of siteStore service for a fully serviced month, or prorated accordingly. The total of such rebates is limited to at most only one month's worth of siteStore service fee. SAN outage is defined as loss of SAN service or total loss of data stored on SAN storage. ASIAHOST is not responsible for any loss of data caused by data corruption, viruses, hardware failures or otherwise howsoever. Data backup is the sole responsibility of the CUSTOMER.
9.1 CUSTOMER acknowledges that any hardware, software, and other equipment utilized by ASIAHOST to provide the Service or supplied by ASIAHOST to CUSTOMER for purposes of CUSTOMER receiving the Service (hereinafter collectively known as the “Equipment”) is and remains the property of ASIAHOST or its licensors, subject to purchase rights, if any, specifically granted to CUSTOMER under this Service Agreement. ASIAHOST’ sole liability for any malfunction or defect, if any, in the Equipment shall be the Service Level Guarantees in Clause 8 of this Service Agreement or attached hereto and CUSTOMER’S sole and exclusive remedy for such malfunction or defect shall be the remedies set forth in such Service Level Guarantees. In the event that CUSTOMER exercises a purchase option for the Equipment, CUSTOMER acknowledges that any rights or remedies CUSTOMER may have regarding the performance or compliance of such purchased Equipment are limited to warranties, if any, extended by the manufacturer of such Equipment, to the extent that such warranties are assignable by ASIAHOST to CUSTOMER. CUSTOMER further acknowledges that ASIAHOST will have no responsibility for any other equipment utilized by CUSTOMER to receive the Service whether supplied by CUSTOMER or any Third Party (“Customer Equipment”). CUSTOMER is responsible for risk of loss or damage to any Equipment supplied by ASIAHOST to CUSTOMER to enable CUSTOMER to receive the Service and shall ensure that, during the term of this Service Agreement, such Equipment is insured for full replacement value with a reputable insurance company. CUSTOMER shall operate the Equipment supplied by ASIAHOST in accordance with ASIAHOST and manufacturer’s guidelines. CUSTOMER is entitled to use any Equipment supplied by ASIAHOST only in connection with CUSTOMER permitted use of the Service.
9.2 ASIAHOST reserves the right to substitute, change or modify the Equipment or any software utilized to provide the Service at any time. ASIAHOST shall not be responsible for any changes in the Service that cause the CUSTOMER Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Service. However, if practicable (without an obligation to expend funds or incur additional costs), ASIAHOST will assist CUSTOMER in resolving any such Equipment problems over which ASIAHOST may have control.
9.3 ASIAHOST may interrupt the Service at any time, without liability to CUSTOMER, to perform scheduled or emergency maintenance.
9.4 ASIAHOST may, in its sole discretion, take corrective action, including assessment of additional charges, disconnection or discontinuance of any and all Service, or termination of this Service Agreement, in the event CUSTOMER engages in or commits any of the following acts:
a. Alter, modify or improperly use, including violations of ASIAHOST’ Acceptable Use Policy, any portion of the Equipment or software utilized to provide the Services;
b. Perform or attempt to perform maintenance services on the Equipment unless specifically requested by ASIAHOST to do so;
c. Attach devices or other equipment not approved by ASIAHOST [or the original manufacturer of the Equipment] to the Equipment;
d. Alter or modify the CUSTOMER IP address space on any interface on the Equipment without prior communication to ASIAHOST.
9.5 In the event that ASIAHOST elects to take any corrective action, CUSTOMER shall not be entitled to a refund of any fees paid in advance prior to such corrective action. ASIAHOST shall bear no liability to CUSTOMER in the event CUSTOMER engages in or commits any of the foregoing acts nor shall ASIAHOST be liable to CUSTOMER for any corrective action taken. In the event the Service Agreement is terminated as stipulated in Clause 9, then Clause 6.3 shall apply immediately.
The Service Activation Date is the date when the Service is activated. This is the date: (a) when an email from ASIAHOST indicating the official release of the Service is sent to the contact person(s) provided by CUSTOMER in the Customer Information Form, or (b) on the tenth (10th) working day from the Contract Date, whichever is earlier in (a) and (b), or (c) specifically indicated in the Service Agreement as the Service Activation Date. The Service Activation Date shall form the date when the billing for the Service will begin and the billing shall continue for the full Service Term. This Service Agreement shall continue to be self-renewed on the last day of the Service Term for further length of service similar to the Service Term and shall remain subjected to the ST&C, SS&P and/or Addendum(s) hereto of this Service Agreement for the period of that new Service Term, unless the Service is terminated by CUSTOMER or ASIAHOST.
ASIAHOST is not responsible for the repair of equipment, and/or the alteration of equipment, and/or the repair of unspecified accessories or peripherals attached to the equipment, made necessary by the actions of CUSTOMER. ASIAHOST shall not be held responsible or liable for any delay in furnishing or failure to furnish service where forces beyond the reasonable control of ASIAHOST caused such delay. Any warranty terms will terminate in the event the system or equipment is serviced or modified by any person other than authorized ASIAHOST staff.
12.1 As information transmitted through the Internet in general is not confidential, ASIAHOST cannot and shall not guarantee the privacy or protection of any information transmitted through the Internet by CUSTOMER.
12.2 CUSTOMER shall take all such measures as may reasonably be necessary (including but not limited to changing its password from time to time) to protect the secrecy of its User Identification (hereinafter known as “UI”) and/or password and shall not reveal or share the same to any other unauthorised person(s), and shall ensure that the UI and Service are accessed and used only by authorised parties, and take all such steps as may be necessary to ensure its continue security and to prevent any unauthorised access or use.
12.3 ASIAHOST shall not be liable for any loss or damage incurred by CUSTOMER or third parties due to any wrongful use of CUSTOMER’s account by CUSTOMER or any wrongful or fraudulent use of CUSTOMER’s account by any other person.
12.4 Where a UI is necessary to access the services under the Service Agreement, CUSTOMER shall use only its own UI.
12.5 CUSTOMER shall be solely responsible for any activity conducted or any information transmitted through the use of the UI.
12.6 CUSTOMER shall co-operate with ASIAHOST in all such security investigations, indemnify and defend and hold harmless ASIAHOST for any liability or expense arising from such use or misuse.
12.7 CUSTOMER acquires no rights to any mailbox number, the UI, IP address, circuit reference and any codes assigned to it by ASIAHOST and ASIAHOST reserves the right to change or re-assign the same to CUSTOMER at its sole discretion without being liable to CUSTOMER for any damages or losses suffered there from.
12.8ASIAHOST shall not be liable for any corruption of data in CUSTOMER’s systems resulting from an external security breach or any inappropriate handling of such data on CUSTOMER’s part even with sufficient security access.
12.9 If at any time CUSTOMER desires to and requests ASIAHOST to reset its password, CUSTOMER shall forthwith after ascertaining that its password has been reset change such password to a new password.
12.10 The parties agree to immediately notify each other of any unauthorized use of CUSTOMER’s account or of any other breach of security known to either of the parties or where either of the parties has reason to suspect that the same may have occurred.
12.11 CUSTOMER shall comply with all usage instructions and guidelines in respect of the use of the Service that may be published from time to time by WEBIVISIONS.
13.1With the exclusion of death or bodily injury directly caused by the fault or proven negligence of ASIAHOST, ASIAHOST' liability to the CUSTOMER for claims under and in connection with this Service Agreement irrespective of the form of action, whether for liability in contract, tort or otherwise shall be limited to the sum of the fees paid by the CUSTOMER to ASIAHOST under this Service Agreement in the Service Term prior to the date of the cause of action.
13.2Under no circumstances, unless specifically made within the terms of this Service Agreement, shall ASIAHOST, its officers, agents or anyone else involved in creating, recreating, producing or distributing ASIAHOST service be liable whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any direct, indirect, incidental, special or consequential loss or damages (including loss of revenue or profits) that result from the use of or inability to use of ASIAHOST service; nor shall liability be accepted for that which results from any mistakes, omissions, interruptions, deletion or loss of files, errors, defects, deficiencies, deterioration in quality, incompatibility, unsuitability, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, power failure, theft, destruction, deletion, corruption or unauthorized access to ASIAHOST records, equipment, programs or services. The CUSTOMER hereby acknowledges that this paragraph shall apply to all content on ASIAHOST service and is solely responsible for independent backup of data stored on ASIAHOST service. The limitation of liability provided herein reflects the allocation of risk and material inducement for ASIAHOST to enter into this Service Agreement. With the exception of non-payment, neither party may bring any action, regardless of form, arising out of this Service Agreement, more than one (1) year after the cause of action.
14.1 The parties acknowledge that:
a. ASIAHOST remains the sole owner of any software supplied by ASIAHOST and all Intellectual Property Rights associated with such software, including modifications effected for the benefit of CUSTOMER or otherwise in connection with this Service Agreement;
b. CUSTOMER remains the sole owner of any software supplied by CUSTOMER and all Intellectual Property Rights associated with such software;
c. all Intellectual Property Rights in any software used by ASIAHOST in connection with the Service and licensed by third parties to ASIAHOST, and modifications or enhancements thereto for the benefit of CUSTOMER or otherwise in connection with this Service Agreement, vests in ASIAHOST and/or its licensors, as the case may be; and
d. unless otherwise agreed in writing, all Intellectual Property Rights in any permitted modifications to the software supplied by CUSTOMER effected by ASIAHOST for the benefit of CUSTOMER or otherwise in connection with this Service Agreement shall vest in CUSTOMER. 14.2 CUSTOMER grants ASIAHOST the right to use the software supplied by CUSTOMER solely for the purposes of providing the Service. 14.3 Subject to the terms and conditions set forth herein, ASIAHOST grants to CUSTOMER and its authorised users and CUSTOMER accepts, also on behalf of all authorised users, a non-exclusive, non-transferrable and non-sub-licensable licence for the relevant Service Term, to access and use the software supplied by ASIAHOST installed and used in conjunction with the Service in the manner as contemplated under this Service Agreement.
14.4 CUSTOMER shall be responsible for obtaining all necessary authorisations and consents from third party licensors of the software supplied by CUSTOMER to the extent that this is necessary to enable ASIAHOST to provide the Service. Where any software is procured by ASIAHOST on CUSTOMER’s behalf and are necessary in order for ASIAHOST to provide the Service, CUSTOMER shall execute all necessary documents in relation to such software as required and instructed by ASIAHOST.
14.5 ASIAHOST shall be responsible for obtaining all necessary authorisations and consents from third party licensors of any software used by ASIAHOST in connection with the Service and licensed by third parties to ASIAHOST to the extent that this is necessary to enable ASIAHOST to provide the Service.
14.6 For the purposes of this clause, “Intellectual Property Rights” mean all intellectual property rights and industrial property rights (worldwide, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, all
a. patents, re-examined patents, and patent applications, whenever filed and wherever issued, including without limitation substitutes of such applications and all priority rights resulting from such applications;
b. rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations thereof; and
c. rights relating to the protection of trade secrets and confidential information; and
d. rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and e. divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, hereafter filed, issued, or acquired.
ASIAHOST shall not be liable to the CUSTOMER for any delay or failure to perform its obligations pursuant to this Service Agreement, or breach of the terms and conditions herein arising from a circumstance beyond ASIAHOST' reasonable control including but not limited to (a) acts of God, lightning strikes, shortage or interruption of power supply, earthquakes, floods, storms, subsidence, inclement weather, explosions, fires and any natural disaster; (b) acts of war or military operations, national or local emergency, acts or omissions of Government or any competent authority, acts of public enemies, terrorism, riots, insurrection, civil commotion or disorder, malicious damage, sabotage and revolution; (c) strikes, lockouts, labour troubles, insurrections, and other labour or industrial disputes (whether or not involving the employees of ASIAHOST); and (d) acts or omissions of persons or bodies for whom ASIAHOST is not responsible for or any other causes whether similar or dissimilar beyond the control of ASIAHOST so affected.
Both CUSTOMER and ASIAHOST agree to use their best efforts to cooperate in the performance and execution of this Service Agreement.
Both CUSTOMER and ASIAHOST agree that this Service Agreement is not intended to create or imply any agency relationships of any kind. Both parties agree not to service any obligations in the name of the other party, and agree not to use each other’s credit in conducting any activities under this Service Agreement.
ASIAHOST may include the name of CUSTOMER, their trademarks, logos and/or contact information in directories of ASIAHOST service subscribers for the purpose of promoting the use of ASIAHOST services. CUSTOMER hereby grant ASIAHOST a non-exclusive, royalty-free license to use, display and reproduce CUSTOMER trademarks, or service marks and logos (“Trademarks”) solely in connection with ASIAHOST marketing of the service. ASIAHOST shall use the Trademarks in accordance with policies as provided by CUSTOMER from time to time.
19.1 The parties acknowledge that in the course of their relationship with each other pursuant to the Service Agreement, one party will come into possession of Confidential Information belonging to the other party. The parties hereby agree and undertake that during the term of this Service Agreement, notwithstanding any suspension, termination or expiry of the Service Agreement, and for a period of one (1) year from the date of termination of this Service Agreement thereafter, all such Confidential Information shall be used only in connection with the performance of this Service Agreement and the undertaking of the obligations herein and not be used for any other purpose whatsoever, and shall not disclose such Confidential Information, whether directly or indirectly, to any other third party without prior written approval of the other party, PROVIDED THAT the such restriction on the use or disclosure of such Confidential Information SHALL NOT apply to Confidential Information:
a. already known by the receiving party without an obligation of confidentiality other than pursuant to this Service Agreement;
b. that is now in the public domain or subsequently enters the public domain by publication or otherwise through no action or fault of the receiving party;
c. lawfully received from a third party without a breach of this Service Agreement;
d. disclosed with the prior written approval of the disclosing party;
e. independently developed without use of the disclosing party’s Confidential Information; or
f. required to be disclosed pursuant to a lawful order of a court or government agency in compliance with the applicable laws, rules and regulations prevailing in Malaysia, provided the receiving party provides the disclosing party with written notice of such order prior to disclosure and within such time as to allow the disclosing party reasonable opportunity to oppose such disclosure before a court or agency of competent jurisdiction.
19.2 Without the prior written consent of the other party, each party will not in any manner whatsoever make public, disclose or communicate to any third party or to its employees, servants, agents, contractors or consultants, any Confidential Information for any purpose whatsoever except for the purposes which such information was supplied.
19.3 Each party agrees to use the same means it uses to protect its own Confidential Information, but in any event not less than reasonable means, to prevent the disclosure of such Confidential Information to outside parties.
19.4 CUSTOMER acknowledges and agrees that ASIAHOST or any of its agents, employees or sub-contractors may from time to time disclose any Confidential Information as is necessary to identify or resolve technical problems, to respond to service complaints, or in the provision or operation of the Service and any other service or procedure in connection with the Service.
19.5 Each party agrees and acknowledges that any breach or threatened breach by the receiving party of its covenants and agreements set forth in this Service Agreement will cause irreparable injury to the disclosing party for which monetary damages would be an inadequate remedy and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the disclosing party shall be entitled to obtain injunctive relief against the threatened breach of this Service Agreement or the continuation of any breach by the receiving party, without the necessity of proving actual damages.
20.1 CUSTOMER shall at all times indemnify and hold harmless ASIAHOST, its employees, affiliates, agents, suppliers, sub-contractors, third-party information providers, merchants, licensors and the like and pay any settlement amounts awarded by a court of final jurisdiction arising from and against any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable legal’ fees, costs, and other expenses incurred by ASIAHOST caused by:
a. A breach by CUSTOMER of its obligations under this Service Agreement;
b. ASIAHOST possessing CUSTOMER’s data or related data, documentation or records;
c. ASIAHOST delivering material or information to a party in accordance with the direction of a duly authorised law enforcement office or government representative;
d. Any act, omission or negligence of CUSTOMER, its employees and agents; and
e. Any activities conducted by CUSTOMER while using the Service.
20.2 As a separate and independent stipulation, in addition to and not in derogation of this Service Agreement, CUSTOMER hereby irrevocably and unconditionally undertakes to indemnify ASIAHOST and keep ASIAHOST indemnified fully and completely against all claims and demands, actions and proceedings, losses, damages, costs and expenses, including legal costs as between solicitor and client, and all other liabilities of whatsoever nature or description, which may be made, taken, incurred or suffered by ASIAHOST in enforcing this Service Agreement or otherwise in connection with or in any manner arising out of this Service Agreement.
20.3 Both parties agree to promptly notify each other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Service Agreement.
20.4 The rights and responsibilities established in this paragraph shall survive indefinitely the termination of this Service Agreement.
20.5 FOR THE AVOIDANCE OF DOUBT, it is understood and agreed that ASIAHOST does not intend and will not be required to edit or review for accuracy or appropriateness of any of CUSTOMER’s content as delivered through the Service and under this Service Agreement.
Either party’s waiver of, or failure to exercise, any right provided for in this Service Agreement shall not be deemed a waiver of any future right established within this Service Agreement.
This Service Agreement shall be binding on the parties, and on their successors and assigns, without regard to whether it is expressly acknowledged in any instrument of succession or assignment.
The captions of each paragraph of this Service Agreement are inserted solely for the reader’s convenience, and are not to be construed as part of this Service Agreement.
During the term of this Service Agreement and for a period of one (1) year thereafter, CUSTOMER agrees not to hire, recruit, solicit or otherwise employ any employee of ASIAHOST involved in connection with the Service. The parties acknowledge the value of such employees to ASIAHOST and the investment ASIAHOST has committed towards the training of such employees, as well as the difficulty in ascertaining the quantum of damages for breach of this clause and accordingly, agree that in such event, CUSTOMER shall pay ASIAHOST liquidated damages equal to six (6) months of the solicited employee’s last drawn remuneration as at the date of the solicited employee’s last day of service with ASIAHOST. The Parties acknowledge that such a liquidated sum represents a fair and reasonable amount of compensation to ASIAHOST for the loss of its employee to CUSTOMER in such event.
Notices required by this Service Agreement shall be in writing and shall be delivered either by personal delivery, mail, email or facsimile. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Service Agreement shall be addressed to the individuals in the capacities indicated above, or as specified by subsequent written notice delivered by the party whose address has changed.
Electronic forums such as email distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of ASIAHOST may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ASIAHOST. All messages transmitted via ASIAHOST Network should correctly identify the sender; users may not alter the attribution of origin in email messages or posting. Users must not attempt to undermine the security or integrity of the ASIAHOST or any other computing systems or networks using ASIAHOST Network and must not attempt to gain unauthorized access to these computing systems or networks.
This Service Agreement supersedes all prior agreements, arrangements and understandings between the parties, whether in writing or orally, and constitutes the entire agreement between the parties relating to the subject matter hereof. No addition to or modification of any provision of this Service Agreement shall be binding upon the parties unless made by a written instrument signed by a duly authorised representative of each of the parties.
Should one or more clauses or sub-clauses of this Service Agreement be held invalid under the laws of Malaysia, the remaining clauses or sub-clauses shall remain in effect as a whole and binding Service Agreement.
29.1 In the event of any disagreement or dispute between the parties arising out of any matter relating to or arising out of this Service Agreement, the parties shall in the first instance seek to resolve the matter by discussions between the respective representatives of the CUSTOMER and ASIAHOST. In the event that they are unable to resolve the disagreement or dispute within 2 business days, it shall be escalated for resolution to the parties’ senior representatives.
29.2 If the disagreement or dispute is not resolved pursuant to either Clause 29.1 above or if either party believes that it is unlikely to be resolved in this matter, the matter may by agreement between the parties be referred to mediation.
29.3 If the disagreement or dispute is not resolved pursuant to either Clause 29.1 or 29.2 above and is of a technical nature, either party may by written notice to the other require that the matter be referred to a technical expert (“the Expert”) for resolution. The Expert shall be appointed by agreement between the parties or, in default of agreement, by the President for the time being of the Singapore International Arbitration Center and both parties shall at their own cost afford the Expert with such assistance as he/she may reasonably request in connection with the resolution of the disagreement or dispute. The Expert shall be instructed to provide his/her decision as soon as reasonably possible. Unless otherwise directed by the Expert in the context of his/her decision, the costs of the Expert shall be borne equally by the parties.
29.4 In all other circumstances all disputes arising under or in relation to this Service Agreement shall be the subject to the jurisdiction of the courts of Malaysia.
The validity, interpretation, enforceability, and performance of this Service Agreement shall be governed by and construed in accordance with the laws of Malaysia. Each party hereto submits to the exclusive jurisdiction of the courts of Malaysia.
G-1-28, Jalan PJU 1/45
Aman Suria Damansara
Selangor Darul Ehsan, Malaysia.