Bare Metal Server – Term Of Service
ICONZ-Webvisions Pte Ltd may modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference, at any time at its sole discretion and may also determine whether and when modifications shall apply to existing or future customers. Any modifications are effective upon posting of the revisions on the ICONZ-Webvisions Website. ICONZ-Webvisions may post modifications to referenced policies and guidelines without prior notice to the Customer. The Customer’s continued use of the services following ICONZ-Webvisions posting of any modifications constitutes the Customer’s acceptance of these modifications.
1. RENEWAL OF SERVICE Upon expiry of the initial term, the subscription for the Service shall be automatically renewed for a further term on the same terms and conditions herein, unless the Customer logs in to the portal and disable the “Auto Renewal” function. The Customer will incur charges for 100% of each month’s fee for the remaining contract term if early termination of service is effected by the Customer.
2. OWNERSHIP OF SERVER The Customer acknowledges that the bare metal server is owned by ICONZ-Webvisions and shall not at any time or under any circumstances pledge the server as belonging to the Customer to secure loans, procure contracts or for any other purposes. While the Customer agrees to observe the termination clause set out in Clause 13, ICONZ-Webvisions will also undertake that ample notice shall be given to the Customer prior to the termination of service, in the event that the service offered by ICONZ-Webvisions is discontinued for any reason.
3. FAIR USE POLICY “Fair Use” refers to the usage of the Internet and system resources with respect and without harming other Internet users and their rights through one’s own behaviour. We expect regular usage patterns from individual component machines and the client solution as a whole. Should we at our sole discretion determine a Client is not using this Service as defined under this Fair Use Policy, we may take actions to mitigate negative impact to Service delivery systems including but not limited to the following:
3.1 Rate Limit the data the client may send and receive from the individual machine to the entire solution level.
3.2 Suspend or terminate service to any or all client machines.
4. BANDWIDTH USAGE Your monthly bandwidth (traffic) allowance is determined by the specific package for which you sign up. If your account exceeds your monthly allowance, you will be charged an overage fee at the current overage rate of $30USD per TB of data.
5. HIGH BANDWIDTH / HIGH RESOURCE USERS The Customer understands that sites are occasionally subject to network abuse and high levels of usage of network resources. Any Customer who uses an inordinately high level of network resources, or high bandwidth which adversely impacts other customers’ websites and overall server performance, may have their site temporarily suspended. ICONZ-Webvisions shall then proceed to contact the Customer to resolve the issue.
6. SERVICE LEVEL ASSURANCE ICONZ-Webvisions assures the Customer of the following service levels and standards
6.1 Best effort network availability and connection to your servers.
6.2 Provision of at least 24 hours written notice prior to any scheduled downtime, either via email sent to the Customer’s email address or via the Announcements Section of the site.
6.3 Provision of Network/Technical support by ICONZ-Webvisions is 24 hours a day, 7 days a week.
6.4 Regular maintenance and servicing will be undertaken for server hardware.
6.5 In the event of hardware failure, parts will be speedily replaced within ONE (1) working day.
7. SITE SUPPORT SERVICE Technical/network support is chargeable based on per case/ticket per hour subject to resource availability. You will need to purchase Support credits from our website and the credits will be automatically deducted once a ticket has been submitted. If found that the underlying issue is due to the fault of ICONZ-Webvisions, the said Support credit/s will be credited back into Customer’s account.
8. SCHEDULED MAINTENANCE AND DOWNTIME ICONZ-Webvisions will use commercially reasonable efforts to provide services 24 hours a day, seven days a week. Customer acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond ICONZ-Webvisions’s control or which are not reasonably foreseeable by ICONZ-Webvisions, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. ICONZ-Webvisions will notify customer in advance (if condition is allowed) via email or on the announcement section on our website and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. ICONZ-Webvisions has no responsibility for downtime resulting from a user’s actions.
9. CHANGE OF PARTICULAR It shall be the responsibility of the Customer to update their personal particulars in a timely manner using the Web Portal that is provided.
10. PAYMENT TERM The Customer agrees to pay service fees and any other fees in full promptly. Services provided by ICONZ-Webvisions to the Customer may be suspended or terminated if fees are not paid in full by their due date. ICONZ-Webvisions shall not be held responsible in any way for any server/website downtime, loss of data or damages incurred by the Customer arising from the disruption of service due to outstanding service fees. ICONZ-Webvisions reserves the right to charge you reasonable “administrative fees” or processing fees” for (i) tasks perform outside the normal scope of its Services (ii) additional time and/or costs incur in providing its Services.
11. SUBSCRIPTION BASIS Payment shall be made in full and prior to the subscription period. An invoice will be issued approximately two weeks prior to expiry of present service period for the following month’s service. Full payment will be automatically deducted from the customer’s pre-approved credit card one (1) day before the commencement of next month’s service. If payment is unsuccessful for whatever reasons, all related services will be suspended 3 days after the end of present month services. If payment is still not received after 14 days after the end of present month services, the Customer’s account will be terminated. All reminders to make payment will be sent via email only. Customer shall not hold ICONZ-Webvisions accountable for non-receipt of renewal notifications if Customer has not periodically updated ICONZ-Webvisions with email address changes. We reserve the right to impose an US$50 administrative charge for re-activation of Customer’s service account.
12. REFUND POLICY ICONZ-Webvisions does not offer a refund policy for bare metal server services. Customers are required to subscribe to a minimum service period of one month if they wish to procure ICONZ-Webvisions’s bare metal server services.
13. TERMINATION ICONZ-Webvisions reserves the right, at its sole discretion, to terminate the Customer’s access to any or all services at ICONZ-Webvisions without prior notice for any reasons, including and without limitation, if ICONZ-Webvisions believes that the Customer has violated this agreement. The Customer may terminate this agreement by logging into the portal and disable the “Auto Renewal” function. No refunds will be provided. Upon the termination or expiration of this agreement, the Customer agrees to settle in full all outstanding, unpaid fees remaining.
14. GOVERNING LAW This agreement shall be governed by Singapore law, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (No 25. of 1998), and the Customer hereby agrees to submit to the jurisdiction of the Singapore courts. Customers of ICONZ-Webvisions are required to comply with all local laws and regulations.
15. DISCLAIMER ICONZ-Webvisions shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ICONZ-Webvisions has been advised of the possibility of such damages prior to their occurrence), resulting from: (i) the use of or inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of Customer’s transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon. In no event will ICONZ-Webvisions be held liable for any damages in excess of one hundred US dollars (US$100.00). ICONZ-Webvisions reserves the right to revise or review its policies at any time.
ICONZ-WEBVISIONS RESERVES THE RIGHT, AT ITS DISCRETION TO SUSPEND OR TERMINATE ANY ACCOUNT(S) DUE TO ACTS WHICH CONSTITUTE THE VIOLATION OF THE ABOVE TERMS, DEPENDING ON THE SEVERITY OF THE SITUATION WITHOUT PRIOR NOTICE TO THE CUSTOMER. NO REFUNDS FOR THE BALANCE TERM WILL BE MADE FOR ACCOUNTS TERMINATED DUE TO A BREACH OF THIS AGREEMENT.
If you have any questions or concerns relating to the above, please contact us.
