In consideration of the mutual covenants herein, the parties agree:
Definition
“Agreement” means the Quotation and the Statement of Work, whichever applicable.
“CUSTOMER” means the person or the company, including its agent or representative engaging the Services.
“Registrant” means the person applying for a domain name or any party acting on their behalf.
“Registry” means the relevant domain name registry.
“Services” means domain name registration, web development, website hosting, cloud solution and mobile app development, email, content creation, digital marketing and any other service or facility provided by ASIATECHUB Sdn Bhd to the CUSTOMER.
“Server” means the computer server equipment operated by ASIATECHUB Sdn Bhd or 3rd party companies in connection with the provision of the Services.
“Website” means the area on the Server allocated by ASIATECHUB Sdn Bhd to the CUSTOMER for use by the CUSTOMER as a site on the Internet.
“Cloud Solution” means a portal which build on the internet with a capability of storing its input information as a database.
“Mobile App” is an application which can be access view mobile platform such android or IOS.
“IT Solutions” means is a set of related software programs, hardware and/or services that are sold as a single package.
“ASIATECHUB” means ASIATECHUB Sdn Bhd or any party acting on ASIATECHUB Sdn Bhd's explicit instructions.
Domain Name Registration
ASIATECHUB does not represent or warranty the availability or registrability of any domain name to the CUSTOMER. The CUSTOMER agrees that it will have no rights or cause of action against ASIATECHUB if a domain name cannot be registered.
ASIATECHUB will notify the CUSTOMER when the registration of a domain name is complete.
Any act or omission by the CUSTOMER in respect of an actual and/or attempted registration of a domain name prior to notification by ASIATECHUB occurs at the sole risk of the CUSTOMER.
Any administration charges paid by the CUSTOMER to ASIATECHUB shall be non-refundable, notwithstanding refusal by the Registry to register the desired name.
The registration and use of any domain name by the CUSTOMER is, at all times, subject to the terms and conditions of usage applied by the Registry and the ASIATECHUB General Terms and Conditions. It is the sole obligation of the CUSTOMER to ensure compliance with all such terms and conditions.
ASIATECHUB will not, at any time, assume any liability whatsoever in respect of the use by the CUSTOMER of any domain name. Any disputes arising must be resolved between the parties involved.
In the event of a dispute, ASIATECHUB will not be obliged to become involved, or take part, but may, in its sole and absolute discretion: - withhold or suspend a domain name; and/or - make any representations it deems fit to the Registry.
Service Availability
The CUSTOMER agrees that ASIATECHUB may, without reason, suspend the Services at any time and for any reason, generally without notice. If a suspension continues for more than 48 hours, ASIATECHUB will use its best endeavours to notify the CUSTOMER.
The CUSTOMER will not sell, transfer, license, assign or otherwise create any legal or equitable rights or interests in any third party whatsoever, in relation to the ASIATECHUB account of the CUSTOMER.
Any breach of clause 3(ii) by the CUSTOMER shall constitute a material breach and repudiation of this agreement by the CUSTOMER. Upon such breach, ASIATECHUB shall have the right to cancel the account, terminate the Services and/or the Agreement immediately without further notice to the CUSTOMER. Upon such an event, all monies owed by the CUSTOMER to ASIATECHUB shall immediately become due and owing.
Content by CUSTOMER
The CUSTOMER assumes sole responsibility for obtaining any and all necessary licenses, consents, authorisation and approvals to enable it to lawfully use any and all intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of any proposed domain name or other intellectual property rights being used by the CUSTOMER.
All information and data stored on any server by the CUSTOMER or its agent is the property of the CUSTOMER. ASIATECHUB claims no ownership and assumes no responsibility whatsoever over, in, or in respect of, any CUSTOMER’s information or data.
ASIATECHUB will use its best endeavours to ensure that the CUSTOMER’s information remains confidential in accordance with the ASIATECHUB Privacy Policy.
The CUSTOMER agrees that ASIATECHUB may access to the CUSTOMER’s information and data related to the project at any time and for any reason.
The CUSTOMER agrees to grant permission to ASIATECHUB to list the CUSTOMER’s name as clients and the use of the CUSTOMER’s logo and/or any other project details for advertising and/or marketing purposes.
Indemnity
5.1 The CUSTOMER agrees to indemnify and hold harmless ASIATECHUB and its employees, contractors, agents and directors in full against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising under this agreement, including from the use of the CUSTOMER of any intellectual property rights of any third party and the registration or use of domain names by the CUSTOMER.
Web Development, Cloud Solution and Mobile App Development
Whilst every reasonable endeavour will be made to ensure that the website and any scripts or programs are free of errors, ASIATECHUB shall not be held responsible for any losses incurred due to malfunction of the website or any part of it.
Any source code and intellectual property, including but not limited to CGI applications, PHP scripts, and software, produced by ASIATECHUB during the period this contract shall remain the property of ASIATECHUB solely, and shall not be transferred, reproduced or resold without the written permission of ASIATECHUB.
ASIATECHUB shall not be held responsible for any copyright infringements caused by the materials submitted by the CUSTOMER. ASIATECHUB reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
ASIATECHUB also provides content creation services including copywriting, photography and videography. However, any content creation services provided by ASIATECHUB will be charged to the CUSTOMER according to the complexity and requirement of the CUSTOMER.
ASIATECHUB will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
A deposit of 50% of the total amount is required before any work is carried out. The deposit is non-refundable unless it falls under the exception stated in clause 13.
The final balance of payment is due and payable in accordance with ASIATECHUB’s payment terms as stated in the Agreement. In the event of any cancellations by the CUSTOMER, monies paid are not refundable and the CUSTOMER is liable to pay for the work done.
ASIATECHUB provides third-party hosting and database server service, such as Amazon Web Services and Microsoft Azure. By engaging the service of ASIATECHUB, the CUSTOMERs agreed to be bound by the terms and conditions set out by Amazon Web Service and Microsoft Azure. The terms and conditions can be found at Amazon Web Services; and Microsoft Azure.
ASIATECHUB shall not be held responsible for any data loss or server problem caused by third-party provider, whichever applicable.
Upon the completion of the job scope in the Agreement, ASIATECHUB offers bug fixing service and technical support for one (1) month, unless stated otherwise, with no charge to allow for adaptation, fine-tuning and final amendments, if required. Any other variation of the support services may be mutually agreed in writing.
Digital Marketing
The ownership of all paid contents developed by the ASIATECHUB for the CUSTOMER is belonged to the CUSTOMER.
ASIATECHUB engages third-party digital marketing services such as Google, Facebook and etc, therefore, the CUSTOMER is deemed to have agreed to comply with the terms and conditions set forth by the third-party service providers.
CUSTOMER is responsible to check the terms and conditions set forth by the third-party service providers, whichever applicable, periodically for any new amendment(s).
ASIATECHUB shall not be held responsible for any inaccurate data and/or information provided by third-party digital marketing service providers.
ASIATECHUB shall not be held responsible if any campaign created under these third-party service providers did not meet the objective after reasonable attempts by ASIATECHUB.
ASIATECHUB has the absolute right to fix and allocate the campaign budget based on the campaign effectiveness.
Maintenance and Support
ASIATECHUB provides two (2) types of after-sales maintenance and support packages, namely, the Standard Package and the Premium Package.
The Standard Package comes with supports hours from 9:00 a.m. and 6:00 p.m., Malaysian Time, Monday to Friday, excluding Public Holiday.
The Premium Package comes with 24 hours, and 7 days a week support.
The initial support request is to be answered within 24 operational hours for Premium Package and 7 days for Standard Package.
All issue related to third-party hosting and database server service will be in accordance with the Maintenance and Support Policy of the third-party hosting and database server provider.
ASIATECHUB will raise and follow the trouble ticket closely with the third-party provider. ASIATECHUB shall not be held responsible for any data loss or server problem due to the fault of the third-party provider.
Both services need to be purchased yearly with advance annual payment. ASIATECHUB may bill the CUSTOMER annually unless stated otherwise in the quotation. No refund will be given if the CUSTOMER intends to cancel the Maintenance and Support contract.
IT Solutions
ATTENTION: Any information, password, date, time, configuration, settings and IP address, network, bios setting may be affected or loss. Please take note of personalized setting before submitting for repair or service diagnosis.
WARNING: Asiatechub does not take responsibility for the contents of your machine’s hard disk or any storage media unless prior arrangements for backup have been made.
Asiatechub, assume that, prior to submitting your system for repair, no matter what the problem, you have taken the simple precaution of performing a backup of your computer’s hard disk or any storage data. In the event that you have not done so, please let us know immediately to avoid any data loss.
In any event, Asiatechub will not be liable for any damages or loss of profit or cost incurred or claims made against Asiatechub by customers during the service, repair or maintenance period.
Wireless functions on radio frequency. Any signal or noise disruptions could cause signal strength decrease. Stability of wireless signal strength and data transmission speed could not be guaranteed. Asiatechub will not be responsible for any data loss, signal downtime and any cost involved due to wireless environment.
Asiatechub not responsible for any damage, or missing parts prior acceptance of goods, machines, computers or any equipment for service or repairs.
Customers are advised to inform us should they need any backup of important data held by the device. The company will not be held responsible for any data loss during the service period. Service includes machine relocation, transfer, backup, format, clear or any task involving data on machine or any storage media.
Asiatechub shall guarantee the repaired equipment for 30 days on the same defects from date of repair. However, this guarantee will automatically become void if such said defects were caused by mishandling, negligence or tampering of the repaired equipment by the customer.
Any replacement machines or parts provided for temporary use while repair or warranty in progress, it is customer’s responsibility for any mishandling and cost of damage.
Damaged or spoilt parts pertaining to any equipment are-non-returnable or non-refundable.
Equipment whose repair is covered under manufacturer’s warranty requires proof of purchase for warranty repair. Cost for the repair of equipment whose warranty status is denied by the manufacturer is customer’s responsibility.
Asiatechub, warrant our labour only for 30 days following any repair. There is no warranty from Asiatechub on parts or software. Manufacturer warranty applies. If problems related to the original repair recur during the warranty period, the labour cost is at our expenses.
Any replacements parts installed may be provided by customer, if necessary, but are not warranted. Any damage caused pertaining to the parts provided will be customer’s responsibility.
Warranties do not cover software related problems of any type or nature. Nor does the warranty cover problems related to, or caused by, the installation of any hardware item(s) after the date of the original purchase or repair, problems related to accident, spilled action, or service performed by anyone other than an authorized technician.
Any machine or parts supplied by 3rd party vendors and suppliers are not covered for warranty claim by Asiatechub. Any 3rd party claims will be processed at cost.
Misuse, accident(s), modification(s), dismantle, unsuitable physical or operating environment, improper maintenance by customer, or act of nature is not covered by warranty.
Asiatechub sales & deals strictly with licensed & original software.
Asiatechub sales shall not be responsible for any whatsoever illegal materials loaded in the product(s) mentioned in the invoice/delivery order/service report.
During service and repair, Asiatechub will update all the bugs, patches, patterns and database if available. However, it is customer’s responsibility to maintain the updating process for latest fixes and bugs.
Our engineers or technicians may be required to uninstall freeware, shareware and illegal products that are known to cause system problems before diagnosing the machine.
Termination
ASIATECHUB may suspend or terminate access to the Services without notice to the CUSTOMER if the CUSTOMER’s account becomes overdue. ASIATECHUB will not be responsible for any loss or damage to the CUSTOMER or any other party as a result of such suspension or termination.
ASIATECHUB may request the CUSTOMER to rectify any breach of this agreement. If the CUSTOMER fails to rectify any such breach within 14 days from the issuing of such a request by ASIATECHUB, ASIATECHUB is entitled to treat the CUSTOMER as having committed a material breach and repudiated their obligations under this agreement and to terminate the agreement without further notice. Upon such a termination of this Agreement, all monies owing by the CUSTOMER to ASIATECHUB will immediately become due and payable.
In the event of a suspension and/or a termination of the Services by ASIATECHUB, the CUSTOMER agrees that ASIATECHUB shall be entitled to block the CUSTOMER website; and remove all data and or information located on it.
ASIATECHUB shall retain the sole discretion as to whether any data and/or information removed is; immediately deleted from existence in its entirety; or held for such period to enable the CUSTOMER, as its expense and subject to payment of all monies owing to ASIATECHUB, to collect the data and or information.
In the event of a termination or suspension, ASIATECHUB may post such notice in respect of the non-availability of the CUSTOMER website as it deems fit.
Limitation of Liability
The CUSTOMER will not, under any circumstances, seeks to hold ASIATECHUB responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services, including but not limited to:
loss of profits arising out of, or in connection with, this agreement;
use, misuse, suspension and or loss of any CUSTOMER’s domain registrations;
interruption to the business and operations of the CUSTOMER;
access delays or interruptions to any website accessed by registered domain name of the CUSTOMER;
non-delivery, mis-delivery, corruption, destruction, or modification of data and or information;
events beyond the control of ASIATECHUB; and or
processing of an application for domain name registration;
ASIATECHUB shall not, under any circumstances, be liable or responsible for any acts, omissions or errors, whether negligent or otherwise by a Registry administrator or any other third party arising out of or related to, any domain name application, including the receipt of, or failure to receive, a domain name registration by the CUSTOMER or any third party.
In the event, ASIATECHUB is held liable for any loss or damage whatsoever and howsoever arising under this agreement, the parties agree that, as a precise pre-estimate of damage cannot be properly ascertained, for the purpose of determining liquidated damages, the maximum aggregate liability of ASIATECHUB to the CUSTOMER shall not exceed the total amount paid by the CUSTOMER to ASIATECHUB for:
domain name registration; and
hosting services applying to any relevant domain name registered to the CUSTOMER
Notice
The CUSTOMER acknowledges that all rules and regulations which apply to domain name registration must be strictly construed and applied. The CUSTOMER accepts sole responsibility for ensuring compliance with all relevant laws, rules and regulations in this respect.
The CUSTOMER agrees that it is solely liable for ensuring that all the CUSTOMER’s details on registered domain records remain current. ASIATECHUB will not held liable for any loss or damage arising from interruption to Services that occur as a result of CUSTOMER’s non-compliance with the matters referred to in clause 11(i), including obsolete contact details.
The CUSTOMER shall remain solely responsible for renewing a domain name. The CUSTOMER will not hold ASIATECHUB liable for any downtime, loss or damage suffered as a result of non-renewal or expiry of a domain name by the CUSTOMER.
ASIATECHUB will not reimburse or otherwise compensate the CUSTOMER for payments made by the CUSTOMER to third parties for domain name renewals.
ASIATECHUB support times are between 9:00 a.m. and 6:00 p.m., Malaysian Time, Monday to Friday, excluding Public Holiday.
ASIATECHUB standard support includes ensuring that the Server is online whenever reasonably possible and that domains hosted by ASIATECHUB are visible on the internet.
In the event that ASIATECHUB has been informed of illegal content stored under the CUSTOMER's domain name/user web, it will immediately request the CUSTOMER remove the data forthwith. If compliance with this notice is not achieved within 24 hours, ASIATECHUB will be entitled to immediately terminate the Agreement in accordance with clause 5.
Cancellations
The CUSTOMER may cancel an order for Services without reason within 7 days from the date of the Agreement, whichever applicable, by written notice to ASIATECHUB.
Upon receipt of such notice, ASIATECHUB shall refund all monies paid by the CUSTOMER in full within 30 days of the notice except as stated in clause 13(iii).
All work done prior to the day of the receipt of the written notice, payment should be made to ASIATECHUB on pro-rata basis in proportion to the quote stated in the Agreement.
All domain name registration and pre-registrations and domain name renewals supplied by ASIATECHUB to the CUSTOMER within 7 days of the date of the order shall not be subject to the 7-day cancellation period.
