Terms and Conditions of Use

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, Dedicated Servers, e-commerce, Domain Registrations, Colocation and other Internet-related services provided by Visgear MSC Sdn Bhd (the "Services"). As used in this Agreement, "Visgear MSC" means Visgear MSC Sdn Bhd and "Client", "you", or "your" means you. By using any of our services, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Visgear MSC site,http://www.visgear.com. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Visgear MSC Site" refers to the Site located at the URL http://www.visgear.com, or any other successor Sites owned or maintained by Visgear MSC.

In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.

Appropriate Use of the Services

Visgear MSC provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

Client Content

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Visgear MSC server in connection with Client’s use of the Services which:

Disk Space

Virtual, Reseller, and Bulk Reseller Accounts: Client may occupy only the amount of disk space on the Visgear MSC Server that is allotted by Visgear MSC. Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to MySQL data, Mailing List data and data in /home/user directories for virtual accounts. Visgear MSC is not responsible for measurements provided by individual control panel software, which is 3rd party software not controlled by Visgear MSC, which may or may not include all of the customer data in their measurements.

Virtual Private Servers and Dedicated Servers: The Disk Drive and/or Disk Space Quota for these accounts is hard quota based and clients have full access and rights to the disk space. Available disk space for the Client excludes the space required for the Operating System, Control Panel and other Services that come with the server set up which is selected by the client. Client has full control of all disk space for these accounts and may remove, delete and/or alter the installed files and configurations. However, removing, altering or deleting the files and base configurations installed by Visgear MSC and/or in the case of the Control Panels, is not part of the 3rd party software released packages, patches, fixes and or upgrades, places all software support for that account/server into a fee based category. Refer to our Support Policy for details regarding free versus fee based support.

Bandwidth

Virtual Private Server (VPS), Dedicated and Colocation Accounts are limited only to port speed. Default port setting is 1 Meg. Additional fees, specified in the account plan will be charged for exceeding the network bandwidth allowance of your selected plan/server.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client’s use of the services.

Back-up Files and Processing

Virtual/Shared Hosting Clients will have the ability to reinstate files which are automatically archived by Visgear MSC upon request for a minimal fee; however, Visgear MSC does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the 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 Visgear MSC.

On Dedicated Servers, they are paying for the additional disk drive only. Visgear MSC does not access and make any backup from Dedicated Server. The Dedicated Server backup is the responsibility of the server owner. For mission critical data, Visgear MSC highly recommends higher quality off-server backup services than what an on-board backup drive can provide. Doing periodic local backups is also highly recommended and prudent business practice.

Backups and Data Loss

Your use of this service is at your sole risk. Visgear MSC is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Visgear MSC servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Visgear MSC.

Termination

Visgear MSC reserves the right to refuse service to anyone. Visgear MSC, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contacthosting.manager@visgear.com

Payment Obligations

Service Fees.

By the Seventh (7th) of each month, Visgear MSC shall either (i) debit Client’s credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Visgear MSC by no later than 7 days after the specified payment due date. Visgear MSC shall be entitled to immediately terminate this Agreement for Client’s failure to make timely payments to Visgear MSC. Certain services carry a set-up fee charged by Visgear MSC to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Visgear MSC and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Visgear MSC for such Services, only 70% refunds will be issued for any unused full month month portions less one month of the Services upon Clients request. Therefore, if Client’s account is canceled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.

Late Payments.

Any payment not received within twenty (20) days of the invoice date, will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a RM10 fee. Customer also shall pay to Visgear MSC all expenses incurred by Visgear MSC in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys’ fees and the fees of any collection agency retained by Visgear MSC. Late Fees will continue to accrue as long as there is an outstanding balance.

Returned Item Fee.

Accounts with returned checks and/or e-checks will be assessed a RM50 returned item fee.

Taxes.

Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

Domain Names.

If Client chooses to register a domain name(s) through Visgear MSC, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Visgear MSC does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

Client Liability and Indemnification

The parties agree that in no event shall Visgear MSC be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Visgear MSC from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.

Term, Termination & Reinstatement

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the 25th of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.

If Visgear MSC suspends a virtual account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within Five (5) business days of cancellation upon approval from Visgear MSC and full payment of balances due. A reinstatement fee of RM50 will be applied.

If Visgear MSC disconnects a Dedicated Server or Colocation server for non-payment within 14 days, the Client shall pay a fee of RM100 prior to any re-instatement of Client’s server. Once payment has been received, Client’s account will be activated within Forty-eight (48) business hours. Visgear MSC will maintain an archival copy of Client’s data files for (5) days after Visgear MSC disconnects the server.

If a Client terminates their account, Visgear MSC will disable the server/account the day the client specifies the account is canceled. Visgear MSC will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.

Taxes

Client will pay and indemnify and hold Visgear MSC harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

Disclaimer of Warranty

THE SERVICES, THE Visgear MSC SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Visgear MSC SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. Visgear MSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Visgear MSC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Visgear MSC shall not be responsible for any damages your business may suffer. Visgear MSC makes no warranties of any kind, expressed or implied for services we provide. Visgear MSC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Visgear MSC and its employees.

Limitation of Liability

IN NO EVENT SHALL Visgear MSC BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Visgear MSC SITE OR ANY Visgear MSC 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. IN NO EVENT SHALL Visgear MSC CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN THREE HUNDRED RINGGIT MALAYSIA (RM 300).

Miscellaneous

Notices. 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; (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 to Visgear MSC Sdn Bhd:

Visgear MSC Sdn Bhd
1012 Block D Kelana Business Square

SS7/26 Kelana Jaya Petaling Jaya

47301 Selangor Malaysia

If to Client:

Name and address provided for account setup.

If 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 and/or contemporaneous 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 Visgear MSC. 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 it’s conflict of law rules. This Agreement and Visgear MSC policies are subject to change by Visgear MSC without notice. Continued usage of the Services after a change to this Agreement by Visgear MSC or after a new policy is implemented and posted on the Visgear MSC Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Visgear MSC Site for any changes or additions.