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Step 2 : Service Agreement (Web Hosting)

1.  SERVICES

Subject to the terms and conditions of this Agreement, Backbone Technologies (M) Sdn Bhd will provide to Customer Internet facilities consisting of some or all of: connectivity, web hosting, software management, hardware management, and/or related services described in the plan selected by Customer from Backbone Technologies (M) Sdn Bhd's then published list of services offered from time to time "Services"). The specific plan of Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and Backbone Technologies (M) Sdn Bhd.

2.  TERM

The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to Customer, provided, however, no Service shall commence unless and until Backbone Technologies (M) Sdn Bhd receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any setup charges. Contract is for a period of 12 months unless otherwise stated, in the order form or by any Backbone Technologies (M) Sdn Bhd’s officer with signatory acknowledgement. Backbone Technologies (M) Sdn Bhd reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by Backbone Technologies (M) Sdn Bhd. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or canceled by either party only as provided in Paragraph 5 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term."

3.  CONTENT AND CUSTOMER'S RESPONSIBILITY

Backbone Technologies (M) Sdn Bhd will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. Backbone Technologies (M) Sdn Bhd shall make no effort to validate any information passing through it's network for content, correctness, usability or for any other reason.

4.   FEES AND PAYMENT

All fees for Services rendered or provided to Customer shall be in accordance with Backbone Technologies (M) Sdn Bhd's fee schedule then in effect, the terms of which are incorporated herein by reference. All accounts are payable 1 year in advance unless otherwise stated in the order form or by any Backbone Technologies (M) Sdn Bhd’s officer with signatory acknowledgement. A fee schedule setting forth Backbone Technologies (M) Sdn Bhd's current rates for Services is annexed to the Order. Backbone Technologies (M) Sdn Bhd may, with 30 days notice to Customer, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Customer will receive an invoice for the charges for the basic Services rendered or provided by Backbone Technologies (M) Sdn Bhd for such renewal period, plus any additional Services rendered or provided by Backbone Technologies (M) Sdn Bhd to Customer for the preceding month of the Term, and any other charges or fees then due hereunder. Payment in full of such invoiced amount is due upon receipt of the invoice. Should payment in full of any invoice not be received by Backbone Technologies (M) Sdn Bhd within thirty (15) days after date of invoice, Backbone Technologies (M) Sdn Bhd may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Backbone Technologies (M) Sdn Bhd remains unpaid thirty (15) days after presentation of an invoice to Customer,Backbone Technologies (M) Sdn Bhd, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. Customer shall pay all taxes, fees and governmental charges relating to the Services provided hereunder. Cheque returned will be assessed an RM10.00 charge. All cheques money order or cash payments must be presented in Malaysian currency.

5.  TERMINATION

Either party, the customer, without cause, may terminate this Agreement by giving Backbone Technologies (M) Sdn Bhd 30 days prior written notice, any time after the initial contract term. Backbone Technologies (M) Sdn Bhd reserves the right to refuse refund, service, or cancel existing accounts without reason or warning if the customer violates the service agreement. In the event of non-payment, breach of this agreement, or for any other reason within the sole discretion of Backbone Technologies (M) Sdn Bhd, Backbone Technologies (M) Sdn Bhd shall have the right to immediately, without need for advanced notice, terminate the client's hosting account. Blatant violations of these Terms of Service, which will result in forfeiture of all monies paid. All setup fees are non-refundable.

6.  NO WARRANTY

Customer  agrees to use Backbone Technologies (M) Sdn Bhd’s Services, and any information obtained through or from Backbone Technologies (M) Sdn Bhd, at Customer's own risk. Customer acknowledges and understands that neither Backbone Technologies (M) Sdn Bhd, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. Backbone Technologies (M) Sdn Bhd specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.

7.  LIMITED LIABILITY

Under  no circumstances, including negligence, shall Backbone Technologies (M) Sdn Bhd, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Backbone Technologies (M) Sdn Bhd’s records, programs or services. Backbone Technologies (M) Sdn Bhd further shall have no responsibility whatsoever to Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Not withstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.

8.  INDEMNIFICATION

Customer  shall defend, indemnify, save and hold Backbone Technologies (M) Sdn Bhd harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against Backbone Technologies (M) Sdn Bhd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by Customer, its agents, employees or assigns or any product distributed, offered or sold by Customer, its agents, employees or assigns.

9.  GUARANTEE

Each of Backbone Technologies (M) Sdn Bhd's hosting plans carries a 7-day money back guarantee. If Customer is not completely satisfied with Backbone Technologies (M) Sdn Bhd’s services provided hereunder within the first 7 days of the Initial Term, Customer will be given a full refund of any amounts paid to Backbone Technologies (M) Sdn Bhd hereunder excluding setup fees (unless canceled prior to activation), domain registration fees and overages. No refund is available after the 7th day of the Initial Term

10.  NOTICE

All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to Backbone Technologies (M) Sdn Bhd shall be delivered to its address stated above or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing must be sent either by over night courier or certified mail, return receipt requested. The delivering party must retain evidence of successful transmission of all notices delivered by email.