Terms & Conditions

By submitting the online order form and/or by using our web services, you agree to the terms and conditions in this Agreement. If you resell our services that you are paying for, you will be responsible for your clients and any violation of this Agreement by your clients may result in the termination or suspension of the services for those clients. This Agreement is governed by the laws of Malaysia and parties hereto submit to the exclusive jurisdiction of the courts of Malaysia.

PART A: DOMAIN & HOSTING SERVICES

  1. General Terms

    1. Payment for our web hosting services must be made in advance prior to account set up or renewal as the case may be.

    2. Non-Payment of services shall result in a 7-day notice of disconnection. All payment failures must be rectified within 7 days of notice following which we reserve the right to disconnect/suspend/terminate outstanding accounts and collect all outstanding amounts due. Late payments may be accepted at our discretion and requests to unsuspend or reinstate an account will subject to an administrative fee of RM80.

    3. We shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of your failure to make due payment on our web hosting services rendered.

    4. You agree to be bound by the service term selected on the online order form or via applicable promotional codes that may require you to order our services for a certain minimum period of time.

    5. You agree to a no-refund policy in advance. Web hosting service fees and any setup fees applicable are non-refundable.

    6. We may temporarily deny service or terminate this Agreement upon your failure to pay charges when due. We reserve the right to recover any accrued service fees upon such termination.

    7. All payments are non-refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which at our sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.

    8. You agree not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.

    9. You may upgrade your web hosting packages at any time by notifying us and paying the appropriate upgrade price. You may request permission to downgrade your web hosting package whereupon we may approve at our sole discretion and upon payment of the service fee applicable from time to time.

    10. Accounts that are in default or not collectable by us may be turned over to an outside agency for collection. If your account is referred to for collection, you agree to pay all costs and fees associated with such services.

  2. Provision of Services

    1. In consideration for service fees paid, we will provide web hosting and other services which you have selected in our Order Form ("the Services"), according to the service fees specified in the Order for the applicable Service Description. You hereby acknowledge that the service and service fees have been communicated to you, and that you are aware of all applicable charges as per the Agreement.

    2. The initial term of this Agreement shall be as set forth in the Order Form. The initial term shall begin upon commencement of the Services to you. After the Initial Term, this Agreement shall automatically renew. Additionally after the initial term, you acknowledge, agree and authorize Netallianz to automatically bill and/or charge on your credit card for successive terms of equal length as the initial term, unless terminated or cancelled by either party in accordance with this agreement.

    3. You acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages, or for any loss of profit, loss of revenue, loss of earnings, loss of use or loss of data you may experience resulting from the use of our services by you, your customers, suppliers, business partners, associates or any third party regardless of the circumstances, form of action or theory of liability.

  3. Account Cancellation

    1. You may voluntarily cancel your account at any time by notifying us via e-mail at sales@netallianz.com. Upon cancellation, no more charges will be billed to your account.

    2. You may terminate your account anytime for any reason. You also agree that we do not provide pro-rated or any other kinds of refunds on cancellation. All fees paid shall not be refundable.

    3. If you have paid for your account by credit card, our service provider PayPal will continue its annual recurring billing the following year when your account comes up for renewal. If you do not wish to continue the service, you must advise us of this at least 3 days or more working days prior to the expiry of your account.

  4. Violation of Agreement

    1. We reserve the right to discontinue service and/or terminate your account at our discretion and without notice if you are in violation of any term or condition of this Agreement, or if your use of the Services disrupts or could disrupt our business operations.

    2. We reserve the right to terminate your account at our discretion and with reasonable notice if it should transpire that the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason.

    3. If we terminate this Agreement prior to the end of your service term, you acknowledge and agree that you will not be entitled to any fees paid in advance of such termination and you shall be obligated to pay all fees and charges due and accrued prior to the effectiveness of such termination.

    4. We reserve the right to initiate an investigation on any violation or potential violation of our usage terms. During the investigation, we may restrict access to your account in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, we may at our sole discretion, restrict, suspend, or terminate your web hosting account and/or pursue other civil remedies, or refer criminal violations to any appropriate authority.

    5. You will be liable for all costs we incur as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.

  5. Indemnity

    1. We expressly disclaim any representation or warranty that our service will be error-free, secure or uninterrupted. No oral advice or written information given by Netallianz, its employees, resellers, affiliates, agents, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Netallianz will not be liable for any costs or damage arising either directly or indirectly from any transaction or use of the service.

  6. Disclaimers

    1. We provide the Services as is, without warranty of any kind except for our Uptime Guarantee (the terms of which are published on our website). We hereby disclaim all warranties of non-infringement of third party rights and all implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular use. You acknowledge and agree that you will be solely responsible for the selection, use and suitability of the services and we shall have no liability in this respect.

    2. We expressly disclaim any representation or warranty that our service will be error-free, secure or uninterrupted. No oral advice or written information given by us, our employees, resellers, affiliates, agents, licensors or the like, will create a warranty; nor may you rely on any such information or advice. We will not be liable for any costs or damage arising either directly or indirectly from any transaction or use of the service.

    3. To the maximum extent permitted by law, we disclaim all warranties, representations or other endorsements, express of implied, with regard to the information accessed from or through this service, the systems we provide and the Internet, including all warranties of merchantability or fitness for a particular purpose or non-infringement of any third party rights.

    4. We do not assume any responsibility for the completeness, accuracy or usefulness of any information disclosed or materials accessed through our services, system, networks or the Internet.

  7. No Waiver of Rights

    1. Any failure by Netallianz to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of our rights.

  8. Notices

    1. We will notify you by e-mail of any notices that we are required to provide to you under this Agreement, at the most current e-mail address you have provided to us. By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that we have your most current e-mail address, and we will not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that we send to the most current e-mail address you have provided to us.

  9. Agreement & Modification

    1. This Agreement, including all of its component parts, comprises the entire agreement between you and Netallianz, and supersedes any prior or previous agreements between you and us with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which we notify you from time to time, pursuant to this Agreement.

    2. This Agreement may not be modified orally.

    3. We reserve the right to modify the terms and conditions of this Agreement from time to time, effective when notification is posted at http://www.netallianz.com.

  10. Assignment

    1. You shall not assign or attempt to assign your obligations under this Agreement without our prior and express written consent to such assignment.

    2. We may assign any or all of our rights and obligations under this Agreement at any time without prior notice to you or your clients.

  11. Force Majeure

    1. We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond our reasonable control.

  12. Severability

    1. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

  13. Limitation of Actions Arising Under this Agreement

    1. Any cause of action you may have with respect to Netallianz's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is forever barred.

  14. General Prohibition

    1. You may not use this website or our Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this web site, our network, our Services, or any other party's use or enjoyment of this website, our network or our Services.

  15. Compliance with Law

  16. You shall not use our services or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in our sole discretion:

    1. violates, attempts to violate, or helps any third party to violate any local, state, federal or international law ordinance, or regulation,

    2. is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"),

    3. threatens or encourages bodily harm or destruction of property,

    4. harms any person,

    5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,

    6. is posted in violation of a newsgroup charter,

    7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer,

    8. violates any terms or conditions of any other network access provider or Internet service provider,.

    9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,

    10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous re-mailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,

    11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy, or

    12. has a negative effect on Netallianz or its network (including, without limitation, overloading servers on the Netallianz Network; causing portions of our Network to be blocked by other network providers; generating unresolved third party complaints or complaints which at our discretion impose an unreasonable administrative burden on Netallianz.

  17. System and Network Security

  18. Violations of system or network security are prohibited, and may result in criminal and civil liability. We investigate such violations and will cooperate with any lawful authorities with regards to an official investigation, action and/or prosecution. Examples of system or network security violations include, without limitation, the following:

    1. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).

    2. Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this Terms & Conditions.

    3. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.

    4. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this Terms & Conditions.

    5. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.

    6. Executing any form of network activity that will intercept data not intended for the customer.

    7. Circumventing user authentication or security of any host, network or account.

    8. Interfering with or denying service to any user other than users of the Customer's host (examples: denial of service attack or distributed denial of service attack).

    9. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.

    10. Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of our website and/or services.

    11. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.

    12. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

    13. Falsifying address information or otherwise modifying e-mail headers to conceal the sender's or the recipient's identity.

  19. Server Resources & Server Abuse

  20. All shared server web hosting packages are subject to a maximum CPU usage policy which limits the consumption of server CPU resources to 5% at any one time.

    Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, mySQL, PHP, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, we have the right to disable the specific script, website or database that is causing the abuse under your account. We also reserve the right to suspend your entire account.

    Any attempts to undermine or cause harm to our server or to another customer of Netallianz is strictly prohibited.

    Email Usage
    We have a strict policy regarding email usage and spam on our network. In a Shared Hosting environment, sending and receiving thousands of e-mails from a server will impact the performance of a server and hence other clients. Therefore we limit the number of e-mails to no more than 500 e-mails per day and 20 emails in 10 seconds. The maximum email attachment size we allow in our share hosting mail server is 10MB per attachment.

  21. Internet Etiquette

  22. You agree to observe and abide by reasonable Internet etiquette (Netiquette). You should not post, transmit, or permit Internet access to information you wish to keep confidential. You must not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against Netallianz by offended users. We reserve the right to refuse or terminate service at any time for violation of this section.

  23. No-Spam Policy (NSP)

  24. At Netallianz, we are committed to service excellence to our valued customers. An important part of our mission is to be a respected and responsible member of the Internet business community. We hold seriously our role in protecting our customers and the general public from nuisances such as "spam". This section describes our NO-SPAM Policy. Please read it carefully because it contains important information and is a material part of our Agreement with you.

    To report any spam you receive that identifies itself as coming from our servers or claims to be related to Netallianz in any way, please send an e-mail message to us at sales@netallianz.com. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a website or an online service, Usenet, interactive chat message, or instant message service, as the case may be.

    You shall comply with all the terms and conditions of our No-Spam Policy (NSP) as described in this section. Violation of the NSP shall be deemed a violation of this Agreement.

    1. Definition of Spam
      Unsolicited commercial e-mail and electronic messages are colloquially referred to as "spam." Other common names for spam include "spam e-mail," "junk e-mail," "bulk e-mail," "direct e-mail," and "mass e-mail." Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently.

      In its most general terms, and as used in this NO-SPAM Policy (the "Policy"), spam is:
      • a commercial e-mail message or other electronic message, including, but not limited to, messages that are:
        • posted to an electronic mailing list (other than an "opt-in" e-mail list as described below),
        • posted on an online bulletin board system or Web-based message board system or "guest book",
        • posted to a Usenet newsgroup,
        • posted to the common area of an online community, group, or club,
        • posted in a chat room,
        • posted in a message board of a commercial online service (such as America Online),
        • posted to a Weblog ("blog"),
        • sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
        • sent through e-mail or another Internet means of communication when the message's ultimate destination is a facsimile ("fax") machine, cellular or wireless telephone, or wireless device,

      • a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship,
      • a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as "affiliate lists,"
      • a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),
      • a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or
      • a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.
      For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of "spam" provided above.

    2. "Opt-in" E-mail Lists

    3. For purposes of this Terms & Conditions, messages sent to "opt-in" e-mail lists are not spam provided that those messages meet all of the following criteria:
      • the messages are sent to an "opt-in" e-mail list in which ALL subscribers have voluntarily agreed to receive announcements and advertisements about products and services;
      • the messages comply with all the requirements and regulations of the "opt-in" e-mail list; and
      • upon request of any subscriber to the "opt-in" e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.
      If you choose to use an "opt-in" e-mail list, please be aware that we will consider any violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.

      Furthermore we reserve the right to prohibit "opt-in" e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.

    4. Zero Tolerance for Spam

    5. Netallianz will not tolerate any spamming by any of its customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of our services whether or not the message actually originated from our network.

      Violation of this NO-SPAM policy will result one or more of the following actions:
      • A warning via e-mail or telephone
      • Removal of DNS for the advertised/originating site
      • Temporarily blocking outgoing mail from your site
      Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.

      We reserve the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the our network.

      PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various international, federal, state, and local laws and regulations.

    6. Indemnification

    7. You agree to defend, hold harmless, and indemnify Netallianz from any harm or damages whatsoever resulting directly or indirectly from you engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy


  25. Intellectual Property Rights

    1. If you use a domain name or content in connection with our web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark or similar rights of any third party. Specifically and without limitation, you agree that you will not engage in, attempt to engage in, or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking,

    2. Our web hosting facilities may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any Federal or State regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.

    3. Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of international, federal, and state law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law and international copyright law. We will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.


  26. Grant of Limited License

    1. By posting or submitting content to our servers, you:.

    2. Grant Netallianz a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under our Agreement;.

    3. Acknowledge that you are placing data on servers, networks, and systems that reside physically in the United States. Such servers, networks, and systems are governed by United States law. As such, your rights to privacy are governed by United States law and our privacy policy. By ordering or using our services, you explicitly consent to this provision regarding privacy;

    4. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by us does not and will not infringe or violate the rights of any third party; and.

    5. Agree to defend, hold harmless, and indemnify Netallianz for any claims of any third party resulting from the public posting or use of your content.


  27. Client Responsibility

    1. You are responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery.

    2. You are responsible for securing their username/password. You are also responsible for all material on your website that may be put on by a third party. You are responsible and accountable for any activity by third parties (using your account) that violates guidelines created within this Agreement.

    3. We strongly recommend that you perform regular backup for your website, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. While we make reasonable efforts to back-up servers, we shall not be liable for loss of data under any circumstances.

    4. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

    5. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.


  28. Specific Prohibitions & Restrictions

    1. You may not operate Internet Relay Chat ("IRC") servers

    2. You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this Agreement. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.

    3. You must not use any programs that may or will interfere with another's use of this website or any of our services.

    4. You may not run any background processes on our servers, networks, or systems without our prior written authorization. Examples include Eggdrop, BitchX, XiRCON and any other program that interferes with normal server operation.

    5. You may not use any our services to send denial-of-service (DOS) attacks to any computer or network, or to "flood" any computer or network.

    6. We reserve the right to add further restrictions to a customer's use of our services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.

    7. IP Allocation: Netallianz and its business partners administer an Internet network on which multiple customer servers reside. You shall NOT use Internet protocol (IP) addresses that were not assigned to you by Netallianz and its partners.

    8. You may not install your own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option.

    9. Our WebHosting services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

    10. Adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

    11. Use of our web hosting services to harm, or attempt to harm, minors in any way, (including but not limited to child pornography) is strictly prohibited.

    12. You may not use our web hosting services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

    13. You may not use our web hosting services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

    14. You may not use of web hosting services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes" and "chain letters".

    15. You may not use our web hosting services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Refer to Section 7 above on our No- Spam Policy.

    16. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of this Agreement.

    17. CGI/PHP/ASP Scripts: CGI script sharing with domains not hosted by Netallianz is not allowed. Any cgi-scripts deemed to be adversely affecting our server performance or the network integrity will be shut down without prior notice.

    18. You may not use of our web hosting services to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including but not limited to the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

    19. Software Distribution & Multimedia Files: Netallianz web hosting accounts are not to be used for the purposes of distributing software and an unusually large amount of multimedia files. If you wish to distribute software and/or multimedia files, please contact sales@netallianz.com for special arrangement. Multimedia files are defined as any graphics, audio, and video files. Any website whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual large amount of multimedia files.

    20. You shall not post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property or privacy rights.

    21. You shall not use our web hosting services for any activity which affects the ability of other people or systems to use Netallianz services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Unauthorized entry and/or use of another customer's computer systems will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

    22. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.

    23. IRC networks: You may not host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

    24. You may not use our web hosting services for any website or scheme which is intended, designed or calculated to deceive the general public.


  29. Suspension and Cancellation

  30. We reserve the right to suspend, cancel, disconnect and/or terminate service to any customer who is in violation of the usage terms in this Agreement. We will exercise reasonable care in notifying the customer and in resolving the problem in a manner resulting in the least amount of service interference as reasonably possible. We reserve the right to terminate service without notice for continued and repeated violations of such terms.

  31. Complaints

  32. If you are aware of any violation of our Terms & Conditions, please use the form in the Contact Us page. If possible, please provide the IP address used to commit the violation, the date and time of the violation and evidence of the violation. We will reasonably investigate incidents involving such alleged violations and take any necessary action on violators to restore network and service integrity.

PART B: WEB DESIGN, DEVELOPMENT, CONSULTING, DIGITAL MARKETING, WEB ENHANCEMENT, WEB MAINTENANCE & SUPPORT SERVICES

  1. Project Works

    1. Each project which you contract to us is subject to our official Quotation to you setting out the work scope of the engagement.
      Your :
      1. counter signing of our Quotation and returning a signed copy to us; and/or
      2. issuance of a Purchase Order or any form of order confirmation
      constitutes a valid Acceptance of our offer unless it is received after the Quotation Validity date as indicated in our Quotation, or unless we have withdrawn our offer prior to receiving the purported Acceptance.

    2. Commencement of work will only take place after a valid Acceptance and receiving a deposit payment in cleared funds as stipulated in our Quotation.

    3. The project will be completed according to the work scope as agreed. Should you abandon the project during progress, the project amount is still payable in full.

    4. Any refusal by you to continue with the project, whether expressed, silent or implied, or any repudiation on your part shall be an event of default which entitles us to Invoice for the balance amount. In this event, you are required to pay all balance outstanding within 14 days of Invoice Date.

    5. You agree to provide us with all necessary logos, content, artwork, photos and files that are needed to complete the project according to the agreed work scope.

    6. Variation requests by you will be considered at our discretion. We reserve the right to revise the project price, payment terms and timeline in the event of any request by you to change or in any way alter the work scope and/or scope of engagement.

    7. Notwithstanding anything to the contrary, in the event of any inconsistency between the Terms and Conditions herein and any provision in a Purchase Order or in any other form of order confirmation you may have issued, the Terms and Conditions herein shall prevail.

  2. Timeline, Fast-track and Variation Requests

    1. For each project, we may provide an indicative completion timeline which will be subject to many factors. Some of these include receiving all the necessary content and other materials that may be required from you. Oher factors may include the time it takes to receive feedback and instructions/decisions from you. While we are committed to use our best efforts to complete your project within the indicative completion timeline, you agree that this timeline is at best an indicative estimate of the time it may take to complete the project under normal or usual conditions. You agree that we will not be responsible or held liable in any way for any delay in the delivery of your project.

    2. Should you request for fast track implementation in a web design/development project, we will aim to deliver a partially completed website to your satisfaction as soon as possible and on a best efforts basis, and launch that website upon your approval. When launched, this will be taken as Practical Delivery and you are required to pay the balance outstanding within 14 days of Invoice Date. Any request by you to deliver or launch the website or any sign-off to this effect will be treated as Project Completion following which we will be entitled to Invoice for the balance amount. Payment of all balance outstanding must be made by you within 14 days of Invoice Date.

  3. Deposit, Progress Payments & Retention of Title

    1. Any deposit paid is not refundable.

    2. Where Progress Payment(s) are required under our Quotation, such Progress Payment(s) are to be paid promptly within 14 days of Invoice Date. We reserve our rights to suspend works without prejudice to our other rights in the event such Progress Payment(s) are not received within the stipulated time. Any progress payment paid is not refundable.

    3. All website files, programming codes, soures codes, design graphics and other intellectual property remain the property of our company until full payment has been received from you. Source codes which are not included as part of the work scope will not be provided to you.

  4. Website Maintenance & Support Services

    1. The engagement of our Website Maintenance & Support Services is subject to our official Quotation to you setting out the work scope of the engagement.
      Your :
      1. counter signing of our Quotation and returning a signed copy to us; and/or
      2. issuance of a Purchase Order or any form of order confirmation
      constitutes a valid Acceptance of our offer unless it is received after the Quotation Validity date as indicated in our Quotation, or unless we have withdrawn our offer prior to receiving the purported Acceptance.

    2. Unless stated otherwise in our official Quotation, Website Maintenance & Support Services cover text and photo updates to specified web pages or sections and do not include creative artwork, banner design, design of infographics, animation, multimedia work, copywriting, content creation, new website features, application development, website structual changes and other items that may be specifically excluded in our official Quotation.

    3. The period of engagement, rates and charges will be as prescribed in our official Quotation.

    4. Upon expiry of the engagement period, the Agreement will remain in force thereafter on a month-to-month basis until further renewed under revised terms & conditions or terminated by either party with ninety days notice.

    5. Rates and charges are subject to periodic review at the end of each term or as prescribed in our official Quotation.


  5. General

    1. Prices quoted are subject to GST in accordance with Malaysian statutory requirements. Our GST Registration Number is 001746419712.

    2. Incidental expenses such as telephone and travel costs will be charged on a cost recovery basis.

    3. Late payments are subject to charges at the rate of 0.8% per calendar month, pro rata according to the number of days past due date.

    4. Should we not receive any payment due to us by the payment due date, we may at our absolute discretion suspend your account and/or discontinue our service. In the event that the payment due is not fully received within a further 21 days of the payment due date, we may proceed to terminate your account by serving you with a 7 days Notice of Termination. In the event your account is terminated, your website files may be destroyed and may not be recoverable. You agree that we will not be in any way liable to you for any such suspension, discontinuity of service and account termination.

    5. Any account suspension, discontinuation of service and account termination by us is on a without prejudice basis in respect of our legal and equitable rights.

    6. Any failure by us to enforce any of our rights does not amount to a waiver of any of our rights.

    7. For the purposes of the project engagement, we accept communication via email, fax, post, registered post, courier and delivery by hand, with the exception of legal notices must be served via registered post to our business office address.