Use
of the Web Hosting Service constitutes acceptance
and agreement to the Web Hosting Service company's
AUP (Acceptable Use Policy) as well as the Web Hosting
Service company & REPERAGES GROUP (THAILAND) CO.;
LTD.'s TOS (Terms of Service). From herewith in this
TOS and AUP the usage of us, we, our, ours, The Company
shall constitute reference to the Web Hosting Service
company, the usage of you, your, they, them, subscriber
shall refer to client / customer of REPERAGES GROUP
(THAILAND) CO.; LTD..
Acceptance
of Contractual Agreement
1.
Client agrees that by placing an order either by means
of electronic ordering (web order form) or submitting
a written contract, and receipt of such order by REPERAGES
GROUP (THAILAND) CO.; LTD., that you are agreeing
to our TOS, AUP, and SLA. No Modifications of said
contract by customer is allowed.
2.
REPERAGES GROUP (THAILAND) CO.; LTD. will provide,
and Customer will purchase and pay for, the Services,
and service fees specified in the Purchase Order for
the applicable Service Description. Customer acknowledges
that the service, and service fees have been communicated
to the customer, and that they are aware of all applicable
charges as per contract, AUP and TOS. Customer also
understands that any promotional offers unless specified
in contractual terms will not be applicable to their
individual service.
3.
In connection with any Hosting Services, if Customers
actual bandwidth usage in any month exceeds allotted
amount, specified in Customers contract, Customer
will pay REPERAGES GROUP (THAILAND) CO.; LTD. any
additional fees as specified in the Service Description.
Disclosure
to Law Enforcement:
The AUP specifically prohibits the use of our service
for illegal activities. Therefore, Subscriber agrees
that the Company may disclose any and all subscriber
information including assigned IP numbers, account
history, account use, etc. to any law enforcement
agent who makes a written request without further
consent or notification to the Subscriber. In addition
the Web Hosting Service company shall have the right
to terminate all service set forth in this Agreement.
Service
Rates:
Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been
communicated to Subscriber. Subscriber is aware that
the Company may prospectively change the specified
rates and charges from time to time. The promotional
offer is contingent upon Company achieving and maintaining
its cost of service goals including but not limited
to rates charged to company by its suppliers.
Subscriber
acknowledges that the service provided is of such
a nature that service can be interrupted for many
reasons other than the negligence of the company and
that damages resulting from any interruption of service
are difficult to ascertain. Therefore, subscriber
agrees that the company shall not be liable for any
damages arising from such causes beyond the direct
and exclusive control of the company. Subscriber further
acknowledges that the company's liability for its
own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall
the company be liable for any special or consequential
damages, loss or injury.
Payment:
Establishment of this service is contingent upon receipt
of payment from Customer to REPERAGES GROUP (THAILAND)
CO.; LTD.. Subsequent payments are due on the anniversary
date of the month/year for that month's/year's service,
according to initial agreement. Any additional services
relative to a primary hosting account, will be prorated
to the primary hosting accounts monthly/yearly recurring
billing date, along the following guidelines of prorating
methodology: (total monthly fees/ 30) * number of
days to monthly recurring billing cycle. Any setup
fees will be charged full setup fee pricing, and are
applied at time of initial request of such services.
Payments
and Fees:
Payment is due on the defined monthly/yearly recurring
billing date of each month/year, according to initial
agreement. Service will be interrupted on accounts
that reach 7 days past due. Accounts will be terminated
after another period of 7 days without any notice.
REPERAGES GROUP (THAILAND) CO.; LTD. will not be responsible
if you fail to renew your domain name registration
(paying to us the yearly fee) and you lose the use
of your domain name.
Delinquent
Accounts:
REPERAGES GROUP (THAILAND) CO.; LTD. may temporarily
deny service or terminate this Agreement upon failure
of Customer to pay charges when due. Such termination
or denial will not relieve Customer of responsibility
for the payment of all accrued service fees.
Account
Cancellation:
All requests for canceling any service / services
must be made in writing with at least 15 days notice.
Refunds
and Disputes:
All billing disputes must be reported within 30 days
of the time the dispute occurred. Disputed charges
to your credit card issuer, also known as chargebacks,
in REPERAGES GROUP (THAILAND) CO.; LTD.'s discretion
which is valid, under the terms and conditions of
our AUP, and TOS, will result in service interruption.
The
Web Hosting Service company & REPERAGES GROUP
(THAILAND) CO.; LTD. reserve the right to amend its
policies at any time. All accounts of the Web Hosting
Service company & REPERAGES GROUP (THAILAND) CO.;
LTD. must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate
Cancellation.
Indemnification:
The Web Hosting Service company & REPERAGES GROUP
(THAILAND) CO.; LTD. wishe to emphasize that in agreeing
to the The Web Hosting Service company's Acceptable
Use Policy (AUP) and the Web Hosting Service company
& REPERAGES GROUP (THAILAND) CO.; LTD.'s Terms
of Service (ToS), customer indemnifies the Web Hosting
Service company & REPERAGES GROUP (THAILAND) CO.;
LTD. for any violation of the Acceptable Use Policy
(AUP) and Terms of Service (ToS) that results in loss
to the Web Hosting Service company & REPERAGES
GROUP (THAILAND) CO.; LTD. or the bringing of any
claim against the Web Hosting Service company &
REPERAGES GROUP (THAILAND) CO.; LTD.by any third-party.
This means that if the Web Hosting Service company
& REPERAGES GROUP (THAILAND) CO.; LTD. are sued
because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded
against the Web Hosting Service company & REPERAGES
GROUP (THAILAND) CO.; LTD., plus all costs and attorney's
fees.
Miscellaneous
Provisions:
You must provide us with, and keep current, good contact
information for you. E-mail, fax, and telephone contacts
are used, in that order of preference.
A.
A waiver by the Company of any breach of any provision
of this Agreement by Subscriber shall not operate
as or be construed as a continuing or subsequent waiver
thereof or as a waiver of any breach of any other
provision thereof.
B.
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company.
Company may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right
to cancel customers rights under this contract at
anytime without further obligation.
C.
The Web Hosting Service company & REPERAGES GROUP
(THAILAND) CO.; LTD. take no responsibility for any
material input by others and not posted to the Web
Hosting Service company Network by the Web Hosting
Service company & REPERAGES GROUP (THAILAND) CO.;
LTD.. The Web Hosting Service company is not responsible
for the content of any other websites linked to the
Web Hosting Service company Network; links are provided
as Internet navigation tools only. The Web Hosting
Service company & REPERAGES GROUP (THAILAND) CO.;
LTD. disclaim any responsibility for any such inappropriate
use and any liability to any person or party for any
other person or party's violation of this policy.
D.
The Web Hosting Service company & REPERAGES GROUP
(THAILAND) CO.; LTD. are not responsible for any damages
your business may suffer. The Web Hosting Service
company & REPERAGES GROUP (THAILAND) CO.; LTD.
do not make implied or written warranties for any
of our services. The Web Hosting Service company &
REPERAGES GROUP (THAILAND) CO.; LTD. denie any warranty
or merchantability for a specific purpose. This includes
loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions
caused by The Web Hosting Service company.
Responsibility
for Content:
You, as REPERAGES GROUP (THAILAND) CO.; LTD.'s customer,
are solely responsible for the content stored on and
served by your the Web Hosting Service company.
The
Web Hosting Service company & REPERAGES GROUP
(THAILAND) CO.; LTD. may provide you access to other
third party software and/or services ("Third
Party Products ") through reseller relationships
the Web Hosting Service company has established with
certain commercial vendors, including without limitation,
Microsoft Corporation ("Third Party Vendors").
Unless otherwise notified, Customer understands that
product support for Third Party Products is provided
by the Web Hosting Service company and not by the
Third Party Vendor. Neither the Web Hosting Service
company & REPERAGES GROUP (THAILAND) CO.; LTD.
nor any Third Party Vendor makes any representations
or warranties, express or implied, regarding any Third
Party Products. Customer expressly acknowledges and
agrees that use of third party products is at customer's
sole risk and such third party products are provided
"as is" and without representation or warranty
of any kind from the Web Hosting Service company &
REPERAGES GROUP (THAILAND) CO.; LTD. or any third
party vendor, including without limitation, any implied
warranty of merchantability, fitness for a particular
purpose, accuracy or completeness of responses or
results, correspondence to description, or non-infringement
of third party rights. To the maximum extent permitted
by applicable law, neither the Web Hosting Service
company & REPERAGES GROUP (THAILAND) CO.; LTD.
nor any third party vendor will be legally responsible
for any damages, whether direct, indirect, or consequential,
arising from the use or inability to use any third
party product. Customer agrees to observe the terms
of any license and/or applicable end user subscriber
agreement for third party products and that customer
shall be fully liable to third party vendors and the
Web Hosting Service company & REPERAGES GROUP
(THAILAND) CO.; LTD. with respect to any improper
use of such third party products or violation of license
agreements with them and/or applicable end user subscriber
agreements.
Denial
of Service:
We reserve the right to refuse service to anyone at
any time for any reason.