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TENEO WEB HOSTING, DOMAIN NAME AND OPTIONAL SERVICES
(‘TENEO SERVICES’)
End-User Services Agreement
Effective Date: 1st September 2010
BEFORE USING TENEO SERVICES, CAREFULLY READ THESE TERMS AND CONDITIONS
BY USING TENEO SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS This non-exclusive End-User Services Agreement (‘EUSA’) is a legal agreement between you (either an individual, single entity, corporation or member of a single entity or corporation) (‘YOU’) and Teneo Technologies Sdn. Bhd. (‘TENEO’) for:
TENEO SERVICES are TENEO’s services subscribed by YOU. Depending on the type of TENEO SERVICES that YOU subscribe for, TENEO SERVICES may include, but not limited to, Shared Web and Email Hosting, Co-Location Web Hosting, Domain Name Registration, Transfer and Renewal, Domain Name Services and IT Support services as detailed in the TENEO SERVICES TERM SHEET provided by TENEO to YOU upon your subscription and purchase order.
The PARTIES represent and warrant that:
(a) they possess the legal right and ability to enter into this agreement; and
(b) The performance of TENEO’s obligation and use of TENEO SERVICES (by YOU) is for lawful purposes only and in accordance with this EUSA. In using of TENEO SERVICES, the PARTIES will NOT violate any applicable laws, regulations or the Rule and Regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other TENEO customers’ use of TENEO SERVICES. YOU assume all risks related to processing of transactions related to electronic commerce.
Whereby it is agreed:
1. DEFINITIONS AND INTERPRETATIONS:
1.1 In this agreement, the following terms and definitions apply unless the contrary shall appear:
“CAN-SPAM” means the CAN-SPAM Act of 2003 (U.S.A) (Controlling the Assault of Non-Solicited Pornography and Marketing Act) that establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products and services are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them. More information can be found at http://www.ftc.gov/;
“CONFIDENTIAL INFORMATION” means information of TENEO and YOU that is confidential to one another;
“CONTENTS” means all information, material and content published through the use of Hosting Services;
“DATA” means any data, file, message, computer program code, information and web content howsoever presented including but not limited to HTML files, execution scripts, applets, applications, information, text, graphics, audio or visual information, residing and stored in the HOSTING FACILITY, directly or indirectly by; for and on behalf of, or with consent of, YOU for which YOU assume full responsibility whether its legality, proprietorship, liability or otherwise;
“DNS” means domain name services, an Internet service that translates domain names into IP addresses;
“DOMAIN NAME” means the unique address or name used on the Internet (e.g. "weblite.com.my"). The Domain Name Service translates these names into IP (Internet Protocol) addresses which represents a physical point on the Internet to connect to a particular server or servers.
“DOMAIN NAME REGISTRANT” means the legal user of a DOMAIN NAME for the service period subscribed;
“DOMAIN NAME REGISTRAR” means an organisation that manages Internet DOMAIN NAMEs;
“DOMAIN NAME REGISTRY” means an entity that receives domain name system information from DOMAIN NAME REGISTRARs, inserts that information into a centralized database and propagates the information in Internet;
“DOMAIN NAME REGISTRY” means an entity that receives domain name system information from domain name registrars, inserts that information into a centralized database and propagates the information in Internet.
“END-USER INFORMATION” means information identifying YOU, including legal identity and billing information that YOU may provide TENEO or TENEO may collect through the use of TENEO SERVICES.
“EUSA” mean this non-exclusive End-User Services Agreement, its provisions and schedules, which is a legal agreement between YOU and TENEO;
“FATAL SERVICE ERROR” means product/service arising from TENEO SERVICES is not operational;
“FEES & CHARGES” means the fees and charges due to TENEO for purchase of products/services and may include disbursement expenses and any sales, value-added or other similar taxes imposed by applicable laws that YOU agree to bear;
“GENERAL SERVICE ERROR” means errors on product/service arising from TENEO SERVICES that result in intermittent service functionality or failure;
“HELP DESK” means a remote assistance service that provides information and assistance of the users of TENEO SERVICES via telephone, facsimile, email and/or remote access;
“ICANN” means the Internet Corporation for Assigned Names and Numbers;
“INITIAL SERVICE TERM” means the initial RECURRING PERIOD or first (1st) period cycle of services for TENEO SERVICES upon full payment of FEES & CHARGES;
“INTELLECTUAL PROPERTY” includes, but is not limited to all copyright, trade mark, design and patent rights belonging or licensed to TENEO; whether or not registrable, or other similar industrial property rights and legal entitlements in any jurisdiction throughout the world;
“IP” means Internet Protocol;
“MYNIC” means Malaysian Network Information Centre that administers the name space for the .my top level domain and administers second level domains under the said top level domain;
“MYDRP” means MYNIC’s .my Domain Name Dispute Resolution Policy. More information can be found at www.mynic.net.my;
“OPTIONAL SERVICES” including other services subscribed by YOU other than HOSTING SERVICES and DOMAIN NAME services. This may include, but not limited to, other Internet related services and onsite IT Support;
“PARTY” or “PARTIES” means TENEO or YOU or both TENEO and YOU;
“RECTIFICATION NOTICE” means any written notice sent by TENEO or YOU to the other setting out any alleged material breach, default or failure pursuant to this agreement by the other party and seeking rectification of the alleged material breach, default or failure. The RECTIFICATION NOTICE should also contain the official telephone number(s), fax number(s) (where applicable), full correspondence address and any other contact particulars of the party sending the RECTIFICATION NOTICE.
“RECURRING PERIOD” means monthly, quarterly, yearly or any other service renewal cycle as detailed in the TENEO SERVICES TERM SHEET for a particular subscribed service;
“RENEWAL SERVICE TERM” means the successive service renewal of RECURRING PERIOD term for TENEO SERVICES upon full payment of FEES & CHARGES;
“SERVICE SUPPORT” means support service for TENEO SERVICES;
“SUPPORT INCIDENT” means on specific error or technical issue or service request that begins when YOU contact TENEO’s Technical Support via telephone at +60 3 7880 8096, facsimile at +60 3 7880 8097, or email at support@weblite.com.my and ends when either the said single specific error or other technical issue is resolved or TENEO Technical Support deems it non-resolvable;
“SUPPORT RESPONSE” means TENEO’s acknowledgement of an error or technical enquiry regarding SERVICE SUPPORT and does not necessarily mean that a resolution will be achieved;
“SUPPORT TIME” is between 0900 – 1800 Malaysian Time (GMT + 8 hours) from Monday to Friday excluding those days officially declared as Public Holiday in MALAYSIA;
“SERVICE PERIOD” means the period within the INITIAL SERVICE TERM and RENEWAL SERVICE TERM;
“SPAM” means unsolicited or undesired bulk electronic messages;
“SLD” means second level domain name (e.g. .com.my, .net.my);
“TENEO” means Teneo Technologies Sdn. Bhd., a private limited liability company incorporated and domiciled in MALAYSIA, and the provider of TENEO SERVICES;
“TENEO SERVICES” means TENEO’s Hosting, Domain Name and Optional Services subscribed by YOU that includes, but not limited to, Shared Web and Email Hosting, Co-Location Web Hosting, Domain Name Registration and Renewal, Domain Name Server services and IT Support services as detailed in the TENEO SERVICES TERM SHEET provided by TENEO to YOU upon your subscription;
“TENEO SERVICES TERM SHEET” is a document that details your subscribed TENEO SERVICES, support contacts, latest SERVICE PERIODs, and related renewal FEES & CHARGES based on your order. This document is issued electronically and/or hard copy to YOU and is subject to change from time to time;
“TLD” means top level domain name (e.g. .com, .net);
“UDRP” means ICANN’s Uniform Domain Name Dispute Resolution Policy. Details of the policy can be found at www.icann.org;
“WHOIS” means an Internet service that finds information about a domain name or IP address. This information typically contains the name, address, and phone number of the DOMAIN NAME REGISTRANT, administrative, billing, and technical contacts of the domain name;
“WIPO” means the World Intellectual Property Organisation. More information can be found at www.wipo.int;
“YOU” means an individual or single entity or corporation; or member of a single entity or corporation subscribing and using TENEO SERVICES;
In this EUSA, where the context so requires, words importing the singular and the masculine gender include the plural number or feminine gender and words importing persons include corporations and vice versa.
1.2 The language of this EUSA is English and even though there may be translations of this EUSA in other languages, English shall be the sole language used on the interpretation of the terms and conditions of this EUSA.
1.3 Subject to the terms that appear on your purchase order to TENEO, this EUSA supercedes any other agreement including any existing agreements on any TENEO SERVICES. The terms also apply to existing and add-on SERVICE SUPPORT provided by TENEO that YOU may obtain from TENEO after the date of YOU subscribing to TENEO SERVICES.
1.4 By using TENEO SERVICES, YOU accept the terms of this EUSA. If YOU do not accept them, do not use TENEO SERVICES.
1.5 Using TENEO SERVICES also operates as your consent to the transmission of certain computer information for activation and Internet-based services.
2. DURATION
2.1 This EUSA shall be effective for the INITIAL SERVICE TERM and shall be subject to service renewal at the end of the INITIAL SERVICE TERM upon mutual consent of the PARTIES.
2.2 TENEO will notify YOU thirty (30) days before expiry of your INITIAL SERVICE TERM on the RENEWAL SERVICE TERM and its related FEES & CHARGES.
2.3 YOU shall be responsible for paying FEES & CHANGES for the RENEWAL SERVICES TERM, failing which TENEO may terminate your subscribed TENEO SERVICES without prior notice upon expiry of the INITIAL SERVICE TERM.
3. HOSTING SERVICES
3.1 HOSTING SERVICES provided by TENEO may include, but not limited to:
3.1.1 Shared Web and Email Hosting;
3.1.2 Co-Location Web Hosting;
3.1.3 DNS and related services.
3.2 In consideration of YOU agreeing to pay the FEES & CHARGES in accordance with your subscription as detailed in your order and the TENEO SERVICES TERM SHEET, TENEO shall host the DATA on the HOSTING FACILITY and provide YOU with the HOSTING SERVICES on or by the COMMENCEMENT DATE. In the event that TENEO is unable to do so for any reason, TENEO shall forthwith notify YOU of the revised COMMENCEMENT DATE whereupon the TENEO SERVICES TERM SHEET and the FEES & CHARGES shall be revised accordingly.
3.3 HOSTING SERVICES provided to YOU is as detailed in the TENEO SERVICES TERM SHEET issued to YOU by TENEO and may include, but not limited to; co-location hosting space at TENEO’s HOSTING FACILITY or hosting space on a shared hosting server owned by TENEO.
3.4 TENEO shall use commercially reasonable efforts to provide HOSTING SERVICES to YOU on a twenty four (24) hours a day seven (7) days a week basis throughout the term of this EUSA. YOU agree that from time to time the HOSTING SERVICES may be inaccessible or inoperable for any reason, including, but not limited to:
3.4.1 equipment malfunctions;
3.4.2 periodic maintenance, repair or upgrade procedures, that TENEO must undertake from time to time;
3.4.3 causes beyond the control of TENEO or that are not reasonably foreseeable by TENEO, including but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
3.5 From time to time, TENEO may conduct routine tests, maintenance, upgrade or repair any part of the HOSTING FACILITY, and TENEO shall give YOU reasonable prior notice thereof. YOU acknowledge that there may be instances where it is impracticable for TENEO to give advance notice of a disruption, for example, in the event of an emergency, and TENEO shall be entitled to disrupt the HOSTING SERVICES to conduct restoration and remedial works without prior notice.
3.6 In performing HOSTING SERVICES, TENEO and its network service suppliers maintains control and ownership of any and all IP numbers and address that may be assigned to YOU and reserves the right to change or remove any and all IP numbers and address at its sole discretion. Provided that YOU are served with reasonable notice thereof.
3.7 YOU agree that where the HOSTING SERVICES provided exceeds that as specified in the TENEO SERVICES TERM SHEET, YOU shall be liable for additional FEES & CHARGES in accordance with TENEO’s then prevailing published rates. However, TENEO shall be responsible for notifying YOU if any request from YOU results in the TENEO SERVICES TERM SHEET being exceeded.
3.8 YOU acknowledge that the resale of HOSTING SERVICES is strictly prohibited.
3.9 TENEO reserves the right to add to, withdraw, or modify the HOSTING SERVICES as it may from time to time determine provided that it shall notify YOU of any material changes to the HOSTING SERVICES within two (2) days of the addition, withdrawal or modification.
3.10 YOU, and NOT TENEO, have sole and exclusive control over the DATA. YOU acknowledge and TENEO agrees that in the provision of the HOSTING SERVICES hereunder, TENEO is NOT provided, either directly or indirectly, with or access to the DATA that would allow TENEO to exercise any control over the DATA. TENEO accepts no responsibility for the DATA passing through the HOSTING FACILITY.
3.11 YOU acknowledge that neither the CONTENTS of your website located on TENEO’s HOSTING FACILITY nor the links to other websites are screened, approved, reviewed or endorse by TENEO. TENEO is not a publisher of any the CONTENTS of your website, or of any contact that may be available through links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on your website are of your specific author(s) and are not TENEO’s statement of advice, opinion or information.
3.12 For server restoration purposes only (where back-up services are within the scope of your subscribed TENEO SERVICES), TENEO makes full back-ups of websites and/or emails daily; however, TENEO makes NO guarantee of any kind, either expressed or implied, as to the integrity of these back-ups. YOU are responsible to maintain local copies of your website and emails.
3.13 HOSTING FACILITY
3.13.1 At all material times for the duration of the SERVICE PERIOD, TENEO retains ownership of the HOSTING FACILITY used for the provision of HOSTING SERVICES.
3.13.2 TENEO shall use all reasonable efforts to maintain the HOSTING FACILITY in good working order and condition.
3.13.3 YOU acknowledge that TENEO has not been granted YOU any real proprietary interests in the HOSTING FACILITY. Payments by YOU under the EUSA do NOT create or vest in YOU any leasehold estate, easement, ownership interest or other proprietary right or interest of any nature in any part of the HOSTING FACILITY.
3.14 TENEO’s obligations in respect of the HOSTING SERVICES:
3.14.1 TENEO shall grant YOU online access to the DATA for the purposes of administering, maintaining and modifying the DATA provided by YOU.
3.14.2 TENEO shall use reasonable efforts to ensure the DATA, subject to other terms of this EUSA, be accessible on the Internet or where applicable, from broadband networks unless maintenance, repair, upgrading or any other work whatsoever is being carried out in relation to the DATA or the HOSTING FACILITY.
3.14.3 TENEO does NOT, however, warrant that the DATA shall be accessible by any means at all times or that the HOSTING FACILITY shall operate in an error free manner subject to Clauses 3.4 and 3.5 above.
3.14.4 TENEO shall provide YOU basic email support services to assist YOU in the access and maintenance of the DATA on the HOSTING FACILITY. Email support services can be contacted at support@weblite.com.my.
3.15 Your obligations in respect of the hosting services are as follows:
3.15.1 YOU shall:
3.15.1.1 comply with all notice, directions or instructions given by TENEO from time to time in respect of the use of the HOSTING SERVICES, including without limitation, carrying out adjustments, modifications and upgrades necessary for the proper provision of the HOSTING SERVICES;
3.15.1.2 provide at your own expense the equipment and internet connection that YOU will need to access TENEO SERVICES;
3.15.1.3 comply will all applicable administrative, procedural and operational policies, rules and regulations of TENEO which TENEO may change from time to time with prior notice; and
3.15.1.4 be solely responsible for obtaining, at your sole cost, all licenses, permits, consents and approvals, and intellectual property rights as may be required for the use of the HOSTING SERVICES and complying with any applicable conditions.
3.15.2 During the period that TENEO provides the TENEO SERVICES to YOU, YOU hereby grant to TENEO a non-exclusive, royalty-free, worldwide right and license to digitally display and host your website and its DATA and CONTENTS, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website.
3.15.3 YOU acknowledge that TENEO does not regulate or take any responsibility for the CONTENTS of your pages or for the security of your password(s). In this respect, YOU agree that the security of your password(s) is solely your responsibility. YOU must keep your password(s) confidential so that no one else may access TENEO SERVICES from your account(s). YOU must notify TENEO immediately upon discovery of any unauthorised use of your account. YOU agree that if YOU believe that the security of your account has been compromised in anyway, that YOU will notify TENEO immediately.
3.15.4 YOU acknowledge that TENEO will bear no responsibility or liability for the CONTENTS and shall be fully and effectively indemnified and rendered harmless by YOU for the same.
3.15.5 Any use of the HOSTING SERVICES and/or HOSTING FACILITY to engage in software piracy or any other violations of applicable laws will result in immediate account suspension.
3.15.6 Unless TENEO receives prior notice from YOU to the contrary, YOU are deem to have consented to the inclusion of your name in TENEO’s directory of customers and TENEO’s promotional and marketing materials.
3.16 Acceptable use of HOSTING SERVICES:
3.16.1 YOU acknowledge that TENEO operates within industry legislation, guidelines and codes of conduct in assessing acceptable CONTENTS.
3.16.2 YOU acknowledge that it will be responsible and singularly liable for all CONTENTS published and appearing directly and indirectly at, through or via the usage of the HOSTING SERVICES no matter by what means or by whoever or wherever such CONTENTS is created, generated or published. In this respect, YOU acknowledge that TENEO bear NO responsibility or liability for the CONTENTS and shall be fully and effectively indemnified and rendered harmless by YOU for the same.
3.16.3 YOU must ensure that your DATA and CONTENTS placed on TENEO’s HOSTING FACILITY are in a condition that is ‘server-ready’ and otherwise remain fully compatible with TENEO’s HOSTING FACILITY, which is in a form requiring no additional manipulation by TENEO.
3.16.4 YOU acknowledge that the HOSTING SERVICES access speed can vary depending on your location, line quality, inside wire, Internet traffic and other factors beyond the control of TENEO. TENEO provide HOSTING SERVICES on a ‘best effort’ basis and do not guarantee upload or download speeds.
3.16.5 YOU acknowledge that TENEO does not and cannot control the flow of information to or from TENEO’s HOSTING FACILITY and other portions of the Internet. Such flow depends in large part the performance of Internet services provided or controlled by third (3rd) parties. At times, action or inaction of such third (3rd) parties can impair or disrupt your connections to the Internet (or portions thereof). TENEO cannot guarantee that such event will not occur. Accordingly, TENEO disclaims any and all liability resulting from or related to such events.
3.16.6 YOU acknowledge that YOU shall NOT, by use of the HOSTING SERVICES, upload, post or otherwise distribute or facilitate distribution of any CONTENTS, including text, communications, software, images, sounds, data, or other information that, in TENEO’s absolute discretion:
3.16.6.1 is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another’s privacy, tortuous, indecent, pornographic or inaccurate;
3.16.6.2 victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race ethnicity, age, disability or any other reason;
3.16.6.3 using TENEO HOSTING FACILITY as a proxy server or a server in proxy network;
3.16.6.4 using TENEO HOSTING FACILITY as an Internet Relay Chat (IRC) server. This includes bouncers, bots and daemons;
3.16.6.5 using TENEO HOSTING FACILITY for malicious and/or illegal activities, including but not limited to running root exploit kits against other servers, scanning other networks, forging or mispresenting message headers, in whole or in part, intentional distribution of viruses, worms, Trojans horses, or other destructive activities or export control violations;
3.16.6.6 contains viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer; and
3.16.6.7 has a negative effect on TENEO or the HOSTING FACILITY, including circumstances where in the discretion of TENEO, impose unreasonable administrative burden on TENEO or create damage, disable, overburden or impair TENEO’s HOSTING FACILITY including servers and networks.
3.16.7 YOU further agree to observe the following:
3.16.7.1 comply with CAN-SPAM policies and NOT to send email to unsolicited addresses, send SPAM email, and engage in multiple cross posting on news groups where a TENEO hosted website is being promoted or a TENEO hosted mail address is being used;
3.16.7.2 NOT to use any illegal or copyrighted material on any web page or other distribution mechanism used in conjunction with your account;
3.16.7.3 The HOSTING FACILITY or any of its resources may NOT be used to impersonate another person or misrepresent authorisation to act on behalf of others or TENEO.
3.16.7.4 All messages transmitted via TENEO must correctly identify the sender.
3.16.8 Any use of TENEO’s systems that disrupts the normal use of the system for other TENEO’s customers is considered to be abuse of TENEO SERVICES and is grounds for termination of this EUSA. Some examples of abuse include (but not limited to):
3.16.8.1 Spawning dozens of processes;
3.16.8.2 Consuming large amounts of memory or CPU cycles for long periods of time;
3.16.8.3 Attempting to access other of TENEO’s customers’ account areas; or
3.16.8.4 Conducting provocative activities such as mass e-mailings (SPAM) which may result in retaliatory actions against the HOSTING FACILITY.
3.16.9 YOU agree that the disk usage shall NOT exceed the disk usage limit of your subscribed HOSTING SERVICES as details in your TENEO SERVICES TERM SHEET. Any excess of the agreed number of megabytes may result in corrective action by TENEO, in its sole discretion, including assessment of additional FEES & CHARGES, suspension of any and all HOSTING SERVICES, or termination of this EUSA. Overages FEES & CHARGES may be waived with any HOSTING SERVICES plan upgrades.
3.16.10 YOU agree that should YOU be using the HOSTING SERVICES for electronic commerce activities, YOU will be solely responsible for the development, operating and maintenance of your online store and products and all CONTENTS and materials appearing online or on your product, including but limited to:
3.16.10.1 the accuracy and appropriateness of CONTENTS and materials appearing within the online store or related to your products;
3.16.10.2 ensuring that the content and materials appearing within the online store or related to your products do NOT violate or infringe upon the right of any third (3rd) party;
3.16.10.3 ensuring that the CONTENTS and materials within the online store or related to your products are not libellous or otherwise illegal;
3.16.10.4 the accuracy for the final calculation and application of shipping and any taxes as required by applicable laws;
3.16.10.5 the acceptance, processing and filling of any customer orders, and for handling any customer inquiries or complaints arising therefrom;
3.16.10.6 the confidentiality, security and care of any customer credit card numbers and related customer information YOU may access as result of conducting electronic commerce transactions on your website.
3.16.11 Unless authorised in writing by TENEO, YOU may NOT resell any portion of TENEO SERVICES to any other third (3rd) party.
3.16.12 If YOU act in violation of these policies, your TENEO SERVICES will be suspended pending an investigation. Should YOU be found guilty of any of the above offences, your TENEO SERVICES will be terminated with immediate effect.
3.17 During the duration of this EUSA, TENEO or TENEO’s partners may provide YOU with access to web-based software services to use with TENEO SERVICES.
3.17.1 Such software will be subject to terms of any license agreement that accompanies the software and to the terms of this EUSA.
3.17.2 If there is no license agreement presented to you, TENEO and TENEO’s partners grant YOU a personal, non-exclusive, non-transferable, limited license for the sole purpose of accessing and using TENEO SERVICES.
3.17.3 Such software is protected by copyright and other intellectual property laws and treaties, and is owned by its licensors (TENEO or TENEO’s partners or suppliers)
3.17.4 YOU agree to abide by all laws and regulations in effect regarding your use of the software and TENEO SERVICES.
3.18 Email Services with HOSTING SERVICES
3.18.1 Messages which TENEO identify as SPAM will be quarantined for three (3) days before they are deleted.
3.18.2 TENEO does not guarantee transmission or receipt of any email. YOU are solely responsible for backing up and archiving any important email.
3.18.3 TENEO is NOT liable for deletion, corruption or failure to receive, store or transmit any email messages.
3.18.4 In any event, all DATA held in your webmail account may be deleted, with immediate effect, if your subscribed HOSTING SERVICES is suspended, cancelled or terminated.
3.18.5 YOU acknowledge that TENEO cannot and does NOT warrant that the anti-SPAM or anti-virus services installed on TENEO’s HOSTING FACILITY will detect all viruses present in emails scanned by and transmitted via TENEO’s servers, nor that it will be error free or free from interruption or failure. TENEO recommends that YOU also have anti-SPAM or anti-virus programs for extra protection for viruses and spyware.
3.18.6 TENEO reserves the right to remove attachments from incoming email messages if there is any indication that the attachment is, or might be, infected with a virus.
4. DOMAIN NAME REGISTRATION, TRANSFER AND RENEWAL SERVICES
4.1 TENEO currently provides the DOMAIN NAME registration, transfer and renewal through services provided by DOMAIN NAME REGISTRARs accredited through ICANN and also resellers of MYNIC.
4.2 TENEO accepts applications to register, transfer and renew various TLDs and .my SLDs. For enquiries of available domain names registrable via TENEO, please contact domain@weblite.com.my.
4.3 The registration, transfer and renewal applications for a DOMAIN NAME is not effective until the DOMAIN NAME registration, transfer or renewal information YOU provide TENEO is delivered to and approved by the REGISTRY administrators, as applicable and the REGISTRY administrator puts into effect your DOMAIN NAME registration, transfer or renewal.
4.4 YOU acknowledge that YOU have read, understood and agree to be bound by all terms and conditions of ICANN’s UDRP and MYNIC’s MYDRP, as amended from time to time, which is hereby incorporated and made a part of this EUSA by for all TLDs and SLDs registrations, transfers or renewals that YOU subscribe through TENEO.
4.5 YOU acknowledge that YOU will comply with the terms and conditions policy as set out by ICANN and WIPO and as amended from time to time with regards to your DOMAIN NAME registration, transfer and renewal.
4.6 YOU acknowledge that YOU will also comply with the terms and conditions policy as set out by your DOMAIN NAME’s REGISTRAR and REGISTRY and as amended from time to time.
4.7 YOU acknowledge that various generic and country code DOMAIN NAMEs have different terms and conditions policy and by your subscription and use of any of those types of DOMAIN NAMEs, YOU will comply with the applicable policies and YOU will hold TENEO harmless of any subsequent disputes, suspension or termination arising from your non-compliance, intellectual property infringement or breach of any applicable laws. If YOU are unclear of these policies, do NOT register or use the DOMAIN NAME. For more information, contact domain@weblite.com.my.
4.8 No guarantee of registration, transfer or renewal
4.8.1 YOU acknowledge and agree that TENEO does not guarantee that YOU will be able to register, transfer or renew a desired DOMAIN NAME, even if an inquiry indicates that the said DOMAIN NAME is available, since TENEO cannot know with certainty whether or not the DOMAIN NAME which YOU are seeking to register is simultaneously being sought by a third (3rd) party, or whether there are any inaccuracies or errors in the DOMAIN NAME registration, transfer or renewal process or related database, including the various WHOIS database.
4.8.2 YOU further acknowledge and agree that TENEO may elect to accept or reject your application for registration, transfer of renewal for any reason at its sole discretion including, but not limited to, rejection due to a request for registration or renewal of a prohibited name.
4.8.3 YOU acknowledge and agree that TENEO is NOT liable or responsible in any way for errors, omissions or any other actions by any REGISTRY administrator arising out of or related to your application for and registration of, transfer of, renewal of or failure to register or renew any and all DOMAIN NAMEs.
4.8.4 YOU additionally agree to indemnify, defend and hold harmless TENEO and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of, or relating to, your application for, registration of, transfer or, renewal of or failure to register or renew, any and all DOMAIN NAMEs.
4.9 Customer Relationship
4.9.1 By submitting the domain name registration application to TENEO, YOU acknowledge and agree that YOU are a customer of TENEO for the purpose of DOMAIN NAME registration, transfer or renewal.
4.9.2 YOU further acknowledge that there is no customer relationship between YOU and TENEO’s REGISTRARs, created hereunder.
4.9.3 YOU agree that upon termination of TENEO’s relationship with any of its REGISTRAR, TENEO may, at its sole discretion, with the assistance of its legacy REGISTRAR transfer your DOMAIN NAME registration to a new REGISTRAR partner at no additional administrative charge to YOU, except any renewal of service period as maybe required in the transfer process, if any, and that this EUSA will continue in full force and effect.
4.10 Representations by YOU
4.10.1 By applying to register a DOMAIN NAME, or by asking TENEO to maintain, transfer or renew a DOMAIN NAME, YOU hereby represent and warrant to TENEO that:
• the statements that YOU made in connection with such application for registration, transfer, maintenance or renewal are complete and accurate;
• to your knowledge, the registration of the DOMAIN NAME will NOT infringe upon or otherwise violate the rights of any third (3rd) party;
• YOU are NOT registering the domain name for unlawful purposes; and
• YOU will NOT knowingly use the DOMAIN NAME in violation of any applicable laws, policies and regulations.
4.10.2 YOU agree and acknowledge that it is your responsibility to determine whether your DOMAIN NAME registration infringes or violates someone else’s rights including, but not limited to, whether any foreign language translation of your DOMAIN NAME, infringe or violate someone else’s rights.
4.11 TENEO will assume the technical and billing contact of your DOMAIN NAME, unless otherwise agreed with YOU, being the REGISTRANT of the DOMAIN NAME.
4.12 YOU acknowledge that the Internet, DOMAIN NAME system and the practice of registering and administering DOMAIN NAMEs are evolving, and therefore YOU agree that TENEO may modify this EUSA, as well as any additional rules or policies that are or may be published by TENEO, as necessary to comply with latest policies of ICANN, MYNIC and your specific generic and country code DOMAIN NAME authorities that TENEO is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances.
4.13 Your continued use of any DOMAIN NAME registered by TENEO shall constitute your acceptance of this EUSA as well as additional rules or policies that are or may be published by TENEO, each with new modifications.
4.14 If YOU do not agree to any of terms and conditions as set forth above or any such changes, YOU may request that your DOMAIN NAME registration be cancelled or transferred to a different DOMAIN NAME REGISTRAR. YOU acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and TENEO’s sole liability if YOU do not wish to abide by any changes to this EUSA or additional rules or policies that are or may be published by TENEO.
5. OPTIONAL SERVICES
5.1 At your option and from time to time, in consideration of YOU agreeing to pay FEES & CHARGES for optional services, TENEO hereby agrees to provide YOU with the optional services, particulars of which are as set out in your TENEO SERVICES TERM SHEET.
5.2 The support contacts assigned and/or designated by the PARTIES respectively as set out in the TENEO SERVICES TERM SHEET shall regularly and consistently be available during normal business hours to consult with one another and act on the respective PARTIES’ behalf in all matters relating to the optional services.
5.3 TENEO warrants that OPTIONAL SERVICES will be provided and performed in a good and womanlike manner.
6. SERVICES SUPPORT
6.1 Introduction:
6.1.1 TENEO provides SERVICE SUPPORT for TENEO SERVICES for the SUPPORT PERIOD.
6.1.2 The SUPPORT TIME is between 0900 – 1800 Malaysian Time (GMT + 8 hours) from Monday to Friday excluding those days officially declared as Public Holiday in MALAYSIA.
6.2 Scope of SERVICE SUPPORT by TENEO pursuant to this EUSA:
6.2.1 HELP DESK
6.2.1.1 TENEO provides YOU with reasonable HELP DESK assistance during the SUPPORT TIME regarding the identification, diagnosis and correction of a reproducible error in relation to or within the scope of TENEO SERVICES you subscribed;
6.2.1.2 TENEO will attempt to resolve any support questions posed by YOU. If TENEO determines that it would be appropriate to do so, TENEO may defer resolution of the support question(s) until a later time.
6.2.2 Website
TENEO will provide YOU with access to technical information via its website, www.weblite.com.my on the Internet.
6.2.3 Onsite Service Support
Unless otherwise stated in your TENEO SERVICES TERM SHEET, the SERVICE SUPPORT does NOT include Onsite Service Support. YOU shall be responsible for paying FEES & CHARGES for such additional Onsite Service Support at TENEO’s then standard rates with regards to TENEO SERVICES.
6.2.4 Restrictions
6.2.4.1 TENEO may limit or terminate the SERVICE SUPPORT being provided if your use of SERVICE SUPPORT in an abusive or fraudulent manner, as determined by TENEO in its reasonable discretion.
Example 1 – unreasonable high number of calls to TENEO’s HELP DESK that concern previously resolved SUPPORT INCIDENT(s);
Example 2 – repeated posing of questions to TENEO’s HELP DESK of questions to which the answers is readily found in the corresponding help files, printed documents or online (www.weblite.com.my) officially issued by TENEO to YOU.
6.2.4.2 Resale, assignment or transfer of TENEO’s SERVICE SUPPORT is strictly prohibited and will be grounds for termination of the SERVICE SUPPORT.
6.2.5 Exclusions
TENEO shall NOT be required to provide any SERVICE SUPPORT relating to problems or issues arising out of or from:
6.2.5.1 Your use of TENEO SERVICES in a manner for which TENEO SERVICES was not provided for;
6.2.5.2 Damage to your hardware which has been co-located at TENEO’s HOSTING FACILITY and in use for TENEO HOSTING SERVICES;
6.2.5.3 Your negligence or misuse of TENEO SERVICES;
6.3 SERVICE SUPPORT procedure:
6.3.1 Notification
To obtain SERVICE SUPPORT, YOU must notify TENEO immediately of any error or technical enquiry relating to your subscribed TENEO SERVICES and must provide TENEO with reasonable detail(s) of the nature of and circumstances surrounding the error or technical enquiry. Reasonable detail(s) includes complete software, hardware and network configuration as requested by TENEO.
6.3.2 Remote Diagnostics
TENEO may perform remote diagnostics to determine the existence and nature of an error and technical enquiry relating to your subscribed TENEO SERVICES.
6.3.3 Error Correction or Technical Enquiry Resolution
TENEO will make reasonable commercial efforts to correct and resolve the error(s) or technical enquiry that YOU report and which TENEO is able to reproduce. YOU will promptly provide TENEO with all information requested by TENEO to reproduce such error(s) or scenario that generated the technical enquiry relating to your subscribed TENEO SERVICES.
6.3.4 Remote Connection
TENEO may perform any error correction via remote telecommunication.
If such remote support is unavailable, in TENEO’s opinion, to satisfactorily resolve the confirmed error, TENEO may require YOU to obtain Onsite Service Support. YOU shall be responsible for paying FEES & CHARGES for such additional Onsite Service Support at TENEO’s then standard rates.
6.4 SUPPORT RESPONSE time:
6.4.1 TENEO will use reasonable commercial effort to communicate with YOU, by telephone, facsimile, email or TENEO’s website, www.weblite.com.my, within the targeted response times, regarding errors that YOU report during the SUPPORT TIME.
6.4.2 The error and technical enquiry priority are as follows:
6.4.2.1 LEVEL 1 - FATAL SERVICE ERROR
Nature - product/service arising from or/and within the scope of TENEO SERVICES is not operational
Response Time - One (1) Working Day of SUPPORT TIME.
6.4.2.2 LEVEL 2 - GENERAL SERVICE ERROR
Nature - errors on product/service arising from or/and within the scope of TENEO SERVICES that result in intermittent service functionality or failure or other SERVICE SUPPORT matters.
Response Time - One (1) to Two (2) Working Days of SUPPORT TIME.
6.5 Limitations on TENEO’s SERVICE SUPPORT obligations:
TENEO’s SERVICE SUPPORT obligations shall NOT include computer hardware, computer network, electrical, telephone, interconnection, or the installation or repair of accessories, alterations, parts or device NOT furnished by TENEO.
Notwithstanding anything to the contrary elsewhere in this EUSA, TENEO has no obligation to provide any SERVICE SUPPORT to YOU if:
6.5.1 Such support relates to or involves any product, data, feature, device, equipment or services NOT provided by TENEO;
6.5.2 YOU or a third (3rd) party has altered or modified any portion of or within the scope of TENEO SERVICES in any manner without prior consent of TENEO;
6.5.3 YOU have NOT used TENEO SERVICES in accordance with instructions provide by TENEO, including failure to follow implementation procedures;
6.5.4 YOU are NOT in full compliance with the other terms in this EUSA, or any other agreements between TENEO and YOU.
7. SUBSCRIPTION AND PAYMENT POLICIES
7.1 Payment of FEES & CHARGES for TENEO SERVICES shall be made in such manner as set out in your TENEO SERVICES TERM SHEET.
7.2 YOU must provide to TENEO accurate registration and billing information including legal name, address, telephone number, and other billing information, and report all changes in this information to TENEO immediately.
7.3 Questions regarding charge to your account should be directed to your designated TENEO account manager or TENEO’s billing department at +60 3 7880 8096 or billing@weblite.com.my.
7.4 YOU acknowledge that receipt by TENEO of the FEES & CHARGES is condition precedent to the continued performance by TENEO of its obligations under this EUSA.
7.5 Unless YOU notify TENEO of any dispute on the amount invoiced within thirty (30) days of the date of the invoice, YOU are deemed to have accepted and agreed on the amount so invoiced, whereupon YOU shall be liable for the sum and shall pay the said amount as invoiced on demand notwithstanding YOU dispute on the same for any reason.
7.6 TENEO may at its sole discretion vary the relevant FEES & CHARGES payable by giving YOU thirty (30) days’ written notice and the payment terms in the relevant schedule or schedules shall be amended accordingly.
7.7 Your liability for the aforesaid FEES & CHARGES shall accrue from the start of SERVICE PERIOD unless otherwise notified by TENEO in writing.
7.8 All payments made in relation to this EUSA and the TENEO SERVICES TERM SHEET shall be in Ringgit Malaysia (RM) and without deduction for taxes, duties, withholdings or other levies.
7.9 If you purchase TENEO SERVICES through a TENEO SERVICES reseller, the reseller must pay all amounts owing for your TENEO SERVICES. If the reseller fails to pay TENEO any amounts due, whether or not YOU have paid the reseller, your account will be subject to suspension or cancellation until YOU or the reseller has paid all amounts due.
7.10 TENEO may, at TENEO’s sole discretion, impose an interest charge of any delayed payment at the rate of one and a half percent (1.5%) per month until the date of receipt of full payment.
7.11 In the event that YOU terminate TENEO SERVICES in accordance with this EUSA and TENEO SERVICES TERM SHEET prior to the expiry of the SERVICE PERIOD (otherwise than for a material breach by TENEO), YOU shall pay to TENEO as liquidated damages and not penalty, a cancellation charge, amounting to fifty per cent (50%) of the aggregate fees payable to TENEO for TENEO SERVICES for the remainder of the SERVICE PERIOD.
7.12 TENEO may suspend TENEO SERVICES without prior notice if the payment is not made by YOU within thirty (30) days of the date of the invoice. TENEO is entitled to impose a reconnection fee for reactivation of the HOSTING SERVICES after suspension. YOU are responsible to pay the FEES & CHARGES in relation to reconnection fee.
7.13 Upon any termination of this EUSA, TENEO will NOT refund, and YOU are not eligible for, any remaining portion of FEES & CHARGES that already has been charged for the unexpired SERVICE PERIOD.
8. CONFIDENTIAL INFORMATION
8.1 The PARTIES agree that information exchanged between both PARTIES in any form, marked or indicated in any way as proprietary and/or confidential, shall be kept confidential and shall not be disclosed or given to any third (3rd) party during the currency of this EUSA and for a period of twelve (12) months after the expiry or termination of this EUSA and SERVICE PERIOD, unless with the prior written consent of the disclosing PARTY.
8.2 This undertaking does not apply to:
8.2.1 information already known or obtained by the receiving PARTY by independent means through no breach of any obligation of confidentiality;
8.2.2 information in the public domain; and
8.2.3 information required to be disclosed under written law or pursuant to an order of Court, or at the direction of a government or regulatory authority.
8.3 Without limiting the generality of the foregoing, TENEO acknowledge that the DATA is the sole and exclusive property of YOU and that in this respect, TENEO shall not for any reason whatsoever, directly or indirectly, without prior written consent of YOU, utilise in any manner whatsoever such information acquired from the DATA to TENEO’s benefit, which shall include but not be limited to the soliciting of the trade or business of any of your clients or prospective clients with respect to any of your services, products, trade secrets or other matters.
8.4 YOU agree that TENEO may disclose to third (3rd) parties your use of TENEO SERVICES.
8.5 YOU acknowledge and agree that TENEO and any third party contractors engaged by TENEO may from time to time access your DATA, and other parts of the TENEO SERVICES as necessary to identify or resolve technical problems or to respond to service complaints.
8.6 YOU acknowledge that END-USER INFORMATION will be collected, processed, stored and used by TENEO, and passed to and processed by TENEO and TENEO’s partners in order to provide TENEO SERVICES and provide customer support.
8.7 YOU acknowledge and agree that, connection with your use of TENEO SERVICES, YOU are required to provide certain END-USER INFORMATION and to update promptly this information as needed to keep it current, complete and accurate.
8.8 YOU acknowledge that TENEO shall have the right to collect, store and process END-USER INFORMATION for the purpose of providing, maintaining, billing, fulfilment, monitoring usage of and making service improvements to TENEO SERVICES.
8.9 In relation to DOMAIN NAME registered, transferred or renewed with TENEO, YOU acknowledge that the REGISTRY and REGISTRARS will make your registration information public on the Internet through various WHOIS databases which are not within the control of TENEO.
8.10 YOU acknowledge that from time to time, TENEO may keep YOU informed of TENEO’s products and services (including new product releases and special offers) via post, telephone, facsimile or email.
8.11 YOU acknowledge and agree that certain technical processing of information is and may be required:
8.11.1 to send and receive such DATA;
8.11.2 to perform planning and scheduling functions;
8.11.3 to conform to the technical requirements of connecting networks;
8.11.4 to gather statistical information for maintenance and performance monitoring requirements of TENEO SERVICES;
8.11.5 to conform to the technical requirements of TENEO SERVICES; and/or
8.11.6 to conform to other similar technical requirements.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 The PARTIES herein acknowledge that YOU have the right to use any trademarks or servicemarks which YOU may choose to use in your DOMAIN NAME, on your website or any related product or service PROVIDED ALWAYS that YOU must obtain the written consent of TENEO prior to your use of the name and logo of TENEO and of TENEO’s related products and/or services including but not limited to WebLITE, TENEO SERVICES and/or any other future products and services, in your domain name.
9.2 All INTELLECTUAL PROPERTY rights in and associated with all aspects of the CONTENTS provided by YOU are assigned to and vest with YOU as such rights are created.
9.3 YOU acknowledge that ownership in WebLITE, TENEO SERVICES and in the INTELLECTUAL PROPERTY are vested in TENEO and will remain the exclusive property of TENEO and that YOU may only have access to the same as TENEO may allow.
9.4 YOU agree NOT to take any steps to secure ownership of TENEO SERVICES and/or any of the INTELLECTUAL PROPERTY or associated rights anywhere in the world.
10. CHANGE OF TENEO SERVICES
10.1 TENEO may change or discontinue any TENEO SERVICES or features on TENEO SERVICES at any time without notice. TENEO may impose general operating rules for TENEO SERVICES.
10.2 Certain TENEO SERVICES will have additional terms (such as policies, guidelines and subscription terms) that will further govern your use of that particular TENEO SERVICES; those terms will be deemed to be incorporated into and to supplement this EUSA. These additional terms will be set by TENEO and TENEO partners of which the TENEO SERVICES relates to.
10.3 TENEO may subcontract any work, obligations or other performance required by TENEO under this EUSA without your consent.
11. EXPORT RESTRICTIONS
11.1 YOU acknowledge that TENEO SERVICES is subject to Malaysian export jurisdiction.
11.2 YOU agree to comply with all applicable International and National laws that apply to TENEO SERVICES as well as end-user, end-use and destination restrictions issued by MALAYSIA and other governments.
12. LIMITED WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY
12.1 TENEO SERVICES are provided without warranties of any kind and YOU expressly agree that use of TENEO SERVICES is at your sole risk. TENEO SERVICES are provided on an “As Is” and “As Available” basis .
12.2 TENEO shall NOT be made liable to YOU for any indirect, special or consequential loss or damage of any nature whatsoever, including without limitation, loss of profits or revenue, loss of business opportunities or loss of savings, loss that may result from the use of TENEO SERVICES or the inability to use TENEO SERVICES, delays in account activation, delays in general, non-deliveries, or misdeliveries resulting from this EUSA, or from a breach of any the warranties, terms, conditions or any other provision of this EUSA, or from negligence or breach of statutory duty or otherwise.
12.3 TENEO does NOT warrant that TENEO SERVICES will be uninterrupted or error free. TENEO also does NOT make any warranty as to the results to be obtained from the use of TENEO SERVICES.
12.4 TENEO will NOT be held liable for any losses or damages that YOU may suffer due to a domain name being reallocated, transferred or deleted for any reason whatsoever by any domain name authority.
12.5 TENEO will NOT be held liable for non-deliveries, deletion, corruption or failure to store any email messages, DATA and CONTENTS.
12.6 TENEO does NOT warrant that TENEO SERVICES will be free from any virus, worm, Trojan horse or other program or device that is apparently intended to access and modify, delete or damage data files or computer programs.
13. FORCE MAJEURE
13.1 Neither TENEO or YOU shall be responsible for failure or delay in performance if caused by:
13.1.1 an act of war, hostility or sabotage;
13.1.2 act of God; electrical, Internet or telecommunication outage that is not caused by the obligating PARTY;
13.1.3 government restrictions (including the denial or cancellation of any export or other license); and
13.1.4 other events outside the reasonable control of the obligated PARTY.
13.2 Both PARTIES will use reasonable efforts to mitigate the effect of a force majeure event.
13.3 If such event continues for more than ninety (90) calendar days, either of both PARTIES may cancel unperformed services upon written notice.
13.4 This section does not excuse either PARTY’s obligation to take reasonable steps to follow its normal disaster recovery or your obligations to pay for products and/or services already provided in accordance with TENEO SERVICES TERM SHEET.
14. INDEMNIFICATION
14.1 YOU shall be liable for and shall defend, fully indemnify and keep indemnified at all times TENEO, its affiliates, agents, licensees, distributors or licensors against all liability, loss, damages, costs, legal expenses, professional and other expenses of any nature whatsoever (including legal costs on a full indemnity basis) sustained, incurred, paid by or suffered by TENEO in respect of any breach of any provision of this EUSA by YOU and/or any use or abuse of the HOSTING SERVICES and/or the HOSTING FACILITY resulting in criminal and/or civil liability by TENEO.
14.2 Such liabilities may include, but not limited to:
14.2.1 with respect to your business;
14.2.1.1 infringement or misappropriation of any INTELLECTUAL PROPERTY rights;
14.2.1.2 defamation, libel, slander, obscenity, pornography, or violation of the right of privacy or publicity and applicable laws;
14.2.1.3 SPAMming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-SPAM policy (including CAN-SPAM policy)
14.2.2 any damage is caused by or otherwise results from acts or omissions by you your representative(s) and your designee(s);
14.2.3 any personal injury or property damage arising out of your activities related to TENEO SERVICES; or
14.2.4 any other damage arising from your equipment or your business.
15. TERMINATION
15.1 Termination of this EUSA and your TENEO SERVICES TERM SHEET can only occur pursuant to the terms set out in this section notwithstanding anything contrary which may appear elsewhere in this EUSA.
15.2 YOU can only terminate this EUSA and your TENEO SERVICES TERM SHEET by providing notice to TENEO in writing:
15.2.1 any time within the SERVICE PERIOD but not less than thirty (30) days before the expiry of the SERVICE PERIOD and YOU shall pay to TENEO as liquidated damages and not penalty, a cancellation charge, amounting to fifty per cent (50%) of the aggregate fees payable to TENEO for TENEO SERVICES for the remainder of the SERVICE PERIOD; or
15.2.2 at once on failure by TENEO to rectify or address the issues set out in the RECTIFICATION NOTICE any time after the period stipulated within the RECTIFICATION NOTICE has expired; or breach of any of TENEO’s obligations herein or not less than thirty (30) days before the expiry of the SERVICE PERIOD whereby the termination is to occur at the end of the last day of the SERVICE PERIOD; or
15.2.3 if TENEO become insolvent in that bankruptcy proceedings or winding-up proceedings are commenced against TENEO, as the case may be; or
15.2.4 if YOU believe in your absolute discretion that continued subscription to TENEO SERVICES is detrimental to your business or reputation.
15.3 TENEO can terminate this EUSA and your TENEO SERVICES as detailed in the TENEO SERVICES TERM SHEET issued to YOU at once, providing notice to YOU in writing:
15.3.1 if YOU have failed to rectify or address the issues set out in the RECTIFICATION NOTICE and the period allowed for rectification stipulated within the RECTIFICATION NOTICE has expired; or
15.3.2 if YOU become insolvent in that bankruptcy proceedings or winding-up proceedings are commenced against YOU, as the case may be; or
15.3.3 if TENEO believes in its absolute discretion that continued provision of TENEO SERVICES to YOU is detrimental to TENEO’s business or reputation.
15.4 If termination by TENEO for breach by YOU occurs prior to the expiry of the SERVICE PERIOD; TENEO is entitled to charge remaining fees in respect of TENEO SERVICES as stipulated in the TENEO SERVICES TERM SHEET due for the unexpired months of the SERVICE PERIOD in full notwithstanding that TENEO is no longer providing the TENEO SERVICES or that YOU no longer has access to TENEO SERVICES.
15.5 TENEO shall NOT be responsible or liable for any refund of any FEES & CHARGES or for any financial or economic loss or damage that YOU may suffer as a result of any action taken by TENEO in pursuance of TENEO’s rights contained in this EUSA and YOU expressly waive and forego any such rights that may exist or which might arise.
15.6 Your right to use TENEO SERVICES may end once your services are terminated and any data YOU have stored on TENEO SERVICES may no longer be available to YOU. It is therefore important YOU maintain your own archive copies of any DATA and CONTENTS that is valuable to YOU.
15.7 Upon expiration, cancellation or termination of this EUSA, YOU shall relinquish any IP numbers, addresses or address blocks assigned to YOU by TENEO or its network services supplier (but not the DOMAIN NAME connected therewith, unless the DOMAIN NAME is registered to TENEO, its affiliates or suppliers). TENEO reserves, in its sole discretion, the right to change or remove any and all such IP numbers, address or address blocks.
16. AMENDMENTS
16.1 TENEO reserves the right to make amendments or changes to this EUSA and your TENEO SERVICES TERM SHEET from time to time, and may discontinue or revise any or all aspects of the provision of TENEO SERVICES in its sole discretion without prior notice. TENEO will notify YOU accordingly when changes are made.
17. NOTICES AND SUPPORT CONTACT
17.1 YOU agree that TENEO may send to YOU in electronic form any notices, disclosures, reports, documents or other communications relating to TENEO SERVICES.
17.2 TENEO will send YOU notices via:
17.2.1 email address that YOU provide to TENEO during subscription of TENEO SERVICES;
17.2.2 posting notice on the applicable TENEO SERVICES; or
17.2.3 TENEO’s website at www.weblite.com.my.
17.3 Any notice from TENEO shall be deemed effective the day after it is sent or posted by TENEO.
17.4 For TENEO SERVICE SUPPORT purposes, TENEO support team can be contacted via:
17.4.1 Email to support@weblite.com.my;
17.4.2 Telephone +60 3 7880 8096;
17.4.3 Facsimile +60 3 7880 8097; and
17.4.4 Postal address:
Teneo Technologies Sdn. Bhd.
H-1-18, Jalan PJU 1/45, Aman Suria Damansara, Petaling Jaya,
47301 Selangor Darul Ehsan, MALAYSIA.
18. WAIVERS
18.1 The failure of either PARTY to exercise or enforce any right or provision of the EUSA terms and conditions does NOT constitute a waiver of such right or provision.
18.2 If a court of competent jurisdiction finds any provision of this EUSA terms and conditions be invalid, the PARTIES nevertheless agree that the court shall endeavour to give effect to the PARTIES’ intentions as reflected in the provision, and the other provision of this EUSA terms and conditions remains in full force and effect.
19. LAW AND LEGAL PROCEEDINGS
19.1 This EUSA and your TENEO SERVICES TERM SHEET shall be governed by and construed in accordance with the laws of MALAYSIA, including the Communications and Multimedia Commission Act 1998 and any ordinances and regulations associated thereto.
19.2 In the case of disputes between the PARTIES which could not be resolved, the dispute shall be submitted to the non-exclusive jurisdiction of the State and Federal Courts of MALAYSIA.
20. ENTIRE AGREEMENT AND SEVERABILITY
20.1 Subject to terms and conditions of the Purchase Order raised by YOU which shall take precedents at all time, the terms and conditions of this EUSA and TENEO SERVICES TERM SHEET constitute the entire and only agreement between TENEO and YOU in relation to TENEO SERVICES and supercede all other communications and agreements with respect to the subject matter hereof. This and your Purchase Order represents the complete agreement, save the details of your subscription as detailed in the TENEO SERVICES TERM SHEET and understanding between TENEO and YOU with respect to the subject matter herein.
20.2 In the event that any term or provision of this EUSA and TENEO SERVICE TERM SHEET is held by a court of law to be unenforceable, the remaining provisions shall remain in full force and effect. |