READ THIS
AGREEMENT CAREFULLY BEFORE USING ANY AHT
SERVICE. THIS IS A LEGALLY BINDING AGREEMENT
BETWEEN YOU (referred to herein as “Customer”)
AND AHT.
ADVANCED HOSTING TECHNOLOGY (hereinafter
referred to as “AHT”) is a corporation
organized and existing under the laws of
Malaysia.
Please note that
this agreement is subjected to change and it
is Customer's responsibility to regularly
check for modifications. If Customer signed up
for the Service before the Posted/Revised date
listed above, the new version will become
effective thirty (30) days after the
Posted/Revised date listed above. Continued
use of the Service constitutes acceptance to
the new version of this agreement.
AHT is committed to providing services at a
standard of excellence commensurate with the
best practice in the industry. Network up-time
and server availability are of the highest
importance. The following service levels are
designed to assure our customers of ultimate
performance and maximal up-time.
Hardware
AHT stand behind our servers with an
"unlimited free replacement warranty" for ALL
leased or rented systems, including individual
parts ordered as upgrades from AHT. AHT will
replace, at no charge (including labor), the
following components or system parts: System
Enclosures or cases, CPU or Processors, Random
Access Memory (RAM), System Motherboards,
Controllers, Ethernet Adapters, Ethernet or
Network Cards, CD ROMs, Floppy Drives, IDE or
SCSI Hard Disk Drives, SCSI Adapters, Video
Cards, Sound Cards, Surge Protectors and
Un-interrupted Power Supplies (UPS), Network
and Power Cables, System Power Supplies,
System Fans. Repair will start upon our
identification of the hardware failure and
will be completed within 2 hours from problem
identification. If faulty hardware replacement
takes more than 2 hours, customer will be
refunded twice the amount of downtime incurred
or 10% of monthly fee whichever one is lower.
Network Up-Time
AHT guarantees network availability of
99.9999% in a given month, excluding scheduled
maintenance. Network is considered unavailable
if there is a 100% packet loss from AHT to its
backbone providers. We will credit customers
5% of the monthly fee for each occurrence of
downtime more than 1 hour. Network
infrastructure is all equipment, from the
cable connected to the server's NIC to the
backbone provider, and includes routers,
switches and cabling. Downtime is measured
past 10 minutes after notification of network
failure, via the ticketing system.
If the ticketing
system itself is unreachable, the ticket must
be started by calling our support centre which
number is given upon order confirmation. AHT’s
personnel will determine end of downtime by a
trace route to the customer's machine from
outside AHT. Customer support is available
24/7 via our specially assigned customer
support line.
Customer
Support
AHT provide 24 hours customer support and
this include helping customers to manage their
servers. Any extra work which is not included
in our terms may be billed at AHT's
discretion.
Credits /
Cancellations
To ensure 100% customer satisfaction, AHT
provides 30 days money back guaranteed from
the commencement date. Customer will refund
the full monthly fees except for any setup
fees and additional third party
products/services purchased without any
questions asked. Customer is responsible for
notifying the billing department for any
credits due for the month within seven days
from the time of the incident. Customer should
supply all relevant information, including
ticket numbers, for credit to take place. All
account cancellations must be done in writing
or by fax or by support ticket with your root
username and passwords for the server.
All annual or
monthly plans can be cancelled with our
standard 30 days notice. The last month
payment will be deducted from the initial 1
month deposit paid. AHT is not obligated to
refund any payments in the event of such
termination.
Prepaid Package:
Customer pre-pays for the entire Service
period in question (“Service Period”),
typically six (6) months or one (1) year.
Customer may terminate for convenience on
thirty (30) days’ notice. After such
termination, Customer will receive a refund
for the remainder of the period of Service,
minus an adjustment equal to (A) the
difference between the amount Customer has
paid and the amount it would have paid had it
received Service pursuant to a Month-to-Month
Package, plus (B) any set-up fees Customer
would have paid pursuant to a Month-to-Month
Package. If not terminated, the Prepaid
Package renews at the end of the Service.
Customer will
retain records of the terms and conditions of
its Package for future reference. AHT may
change Package prices or add or delete Package
features or restrictions at any time, and such
changes will not affect the initial agreement
between Customer and AHT. In the event of any
conflict between the terms of any Package and
the terms of this Agreement, the terms of this
Agreement will govern. In the event of any
conflict between the terms of any Package and
the terms of this Agreement, the terms of this
Agreement will govern.
Invoices are
issued as a courtesy; Customer will maintain
awareness of its usage levels and the fees it
owes AHT and will pay them when due. All
invoices are due upon their date of issuance
and will be considered overdue if not paid on
that day. If Customer pays by a method other
than credit card, Customer must have all
payments submitted on or before their invoice
expiry dates. Any payment not paid when due
will, at AHT’s option, bear interest at a rate
of fifteen percent (15%) per year from the
date due until paid. In addition to interest
payments, AHT may charge a late fee of USD25
per month, starting on the first day after any
payment is due. Such late fees are intended to
defray AHT’s costs resulting from late
payments and will constitute liquidated
damages. The parties agree that such
liquidated damages are reasonable in light of
the harm delay will cause and the difficulties
of proof of loss and the inconvenience and
unfeasibility of otherwise obtaining an
adequate remedy. None of the remedies listed
in this subsection is exclusive of other
remedies.
Acceptable Use
Customer asserts that it has read AHT’s
Acceptable Use Policy (“AUP”) and its Privacy
Policy. (The AUP is currently posted at
http://www.AHT.com/products/dedicated_hosting/
dedicated_sla.htm). Customer will adhere to
the AUP and Privacy Policies and will not
allow the Services or AHT equipment to be used
for activities prohibited by such policies.
AHT may revise the AUP from time to time by
posting a new version thereof on the AHT
Website, and Customer is responsible for
awareness of such revisions. In the event of
any conflict between the AUP or the Privacy
Policy and this Agreement, this Agreement will
govern.
Payment &
Billing Information
Payments are due on customer corresponding
billing date. The billing date is the day the
order was placed and processed. After the
initial 30 days money back guaranteed, no
refunds will be given on any services
used/paid including setup fees and any third
party products/services purchased. The
CUSTOMER will pay AHT for services listed in
this Service Agreement by the following
payment method:
Acceptable Mode of Payment :
Wired transfer / Credit Card / Western
Union / PayPal / E-Gold / Cheque / Cash
AHT’S SERVICES ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. AHT DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, OR FREE FROM VIRUSES OR OTHER
HARMFUL COMPONENTS. AHT MAKES NO EXPRESS OR
IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE, NON
INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY
AHT OR ANY OF ITS REPRESENTATIVES WILL CREATE
A WARRANTY.
AHT WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE
DAMAGES, EVEN IF AHT WAS ADVISED IN ADVANCE OF
THE POSSIBILITY OF SUCH DAMAGES. AHT’S MAXIMUM
LIABILITY ARISING OUT OF OR RELATED TO
PROVISION OF ITS SERVICES WILL NOT EXCEED THE
TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING
THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
AHT WILL HAVE NO LIABILITY WHATSOEVER FOR ANY
CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR
PROCEEDINGS RESULTING FROM: (i) OTHER AHT
CUSTOMERS OR THIRD PARTIES ACCESSING
CUSTOMER’S DATA OR ASSIGNED COMPUTERS; (ii)
SECURITY BREACHES; (iii) EAVESDROPPING; (iv)
DENIAL OF SERVICE ATTACKS; (v) INTERCEPTION OF
TRAFFIC SENT OR RECEIVED USING AHT’S SERVICE;
(vi) CUSTOMER’S RELIANCE ON OR USE OF THE
SERVICE; (vii) MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETIONS OF FILES, ERRORS,
DEFECTS, DELAYS IN OPERATION, OR OTHER
FAILURES OF PERFORMANCE OF THE SERVICE; (viii)
THE ACCURACY, COMPLETENESS, AND USEFULNESS OF
THE SERVICE; OR (ix) LOSS OF DATA OR LOSS OF
ACCESS TO DATA.
AHT’S LIMITATIONS
AND EXCLUSIONS OF LIABILITY APPLY EQUALLY TO
AHT’S OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, REPRESENTATIVES, SUPPLIERS,
SUBSIDIARIES, PARENTS, AND AFFILIATED
COMPANIES.
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