TERMS & CONDITIONS
(Unmanaged VPS, Hosting & Goods — B2B)
By placing an order, paying an invoice, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
A. Definitions
- “Company”, “we”, “us”: Refers to the company, business entity, or duly authorized representative that provides the Goods and/or Services and that issues, references, or makes available these Terms & Conditions through this website, link, communication, or other official source.
- “Customer”, “you”: The purchasing entity or service user.
- “Goods”: Physical products supplied by us.
- “Services”: Unmanaged VPS/hosting, colocation, replication/backup (if any), and related infrastructure assistance.
- “Customer Data”: All data, content, software, configurations, credentials, and logs that you or your users upload, process, or store using the Services.
- “SoW”: A separate, signed Statement of Work describing managed services, RPO/RTO, or bespoke obligations.
B. Hardware (Goods)
1. Inspection & Acceptance
You are deemed to have inspected the Goods upon delivery or collection and to have accepted them as fit for purpose. To the maximum extent permitted by law, we shall not be liable for any loss, damage, or consequential harm arising from the use, installation, operation, or malfunction of the Goods after acceptance.
2. Delivery & Collection
Delivery timelines are estimates only (typically 7–14 working days from order confirmation) and shall not constitute a condition precedent. We shall not be liable for any loss, cost, or consequence arising from delayed delivery, however caused.
3. Failure to Take Delivery / Non-Collection
If the Customer fails to take delivery or collect the Goods within thirty (30) days from the date the Goods are ready for delivery or collection (or from order confirmation, whichever is earlier):
a) We may forfeit all or part of any deposit paid; and/or
b) Apply the deposit towards inventory holding, handling, storage, restocking, administrative, and resale costs; and/or
c) Treat the Goods as cancelled or returned for the purpose of restocking and resale.
This clause applies whether or not partial delivery or collection has taken place.
4. Restocking, Cancellation & Returns
Approved returns, cancellations after order confirmation, failure to take delivery, or non-collection of Goods shall be subject to a restocking and handling charge of up to thirty-five percent (35%) of the affected Goods’ value.
The Customer acknowledges that such charges represent a genuine pre-estimate of commercial loss and are not penalties.
5. Payment Terms & Overdue Amounts
Payment terms are as stated on the invoice, failing which advance payment shall apply. Any overdue amount shall accrue interest at 1% per month (or part thereof). The Customer shall be liable for all reasonable legal, recovery, and collection costs incurred.
6. Retention of Title
Title to the Goods shall remain with the Company until full payment of all sums due has been received, notwithstanding delivery or collection.
7. Non-Payment & Repossession
If any invoice remains unpaid for more than thirty (30) days, we may, without prejudice to other rights, retake possession of the Goods, whether delivered or not, and the Customer shall grant reasonable access for such repossession.
8. Illegal Use & Export Restrictions
The Customer is solely responsible for ensuring that the Goods are used, resold, or exported in compliance with applicable laws and regulations. The Goods shall not be resold into sanctioned destinations or war zones. We accept no liability arising from any illegal or prohibited use or resale.
C. Hosting / Unmanaged VPS & Data Services
- Service Model — Unmanaged / Shared Responsibility
Our Services are unmanaged infrastructure (compute, storage, network/hypervisor). You are solely responsible for operating systems, applications, accounts/identities/keys, security configuration, patching, monitoring, and Customer Data. We do not provide managed security, managed backup, business continuity, disaster recovery (DR), or application administration unless expressly agreed in a separate signed SoW. - Backups & Replication (if any provided)
Any backup/replication we may provide by default is a basic, best-effort safeguard intended only to cushion hardware failure (e.g., disk/host faults). It is not immutable, not ransomware-resilient, and does not include RPO/RTO commitments, restore testing, or guaranteed recoverability. You must maintain your own independent, tested backups suitable for your business and regulatory needs. - No Liability for Data Loss / Corruption / Unavailability
To the fullest extent permitted by law, we shall have no liability for any loss, corruption, encryption (including ransomware), deletion, disclosure, or unavailability of Customer Data, or the cost of re-creating/re-inputting data, including where caused by negligence, operator error, malware, third-party acts/omissions, or events beyond our reasonable control. Your sole data-protection remedy is your own tested backups and recovery processes. (This clause does not exclude liability that cannot be excluded by law.) - Security & Access Controls
You control and are responsible for credentials, keys, firewall/security-group rules, internet-exposed services, remote access, and software supply chain. You must rotate credentials, apply updates, and restrict public access appropriately. We may quarantine or suspend any resource we reasonably believe threatens platform integrity. - Incident Handling
In a suspected security event, we may isolate affected resources and examine images/snapshots in a clean-roomenvironment. We do not guarantee decryption or recovery. We will provide written updates only when there is new, material progress. Any forensics or recovery beyond platform isolation is out of scope unless covered by a separate SoW. - Service Levels
Unless expressly stated in a signed SoW, no uptime SLA, RPO/RTO, or recovery commitments apply. Scheduled or emergency maintenance may occur. - Suspension/Termination
We may suspend Services for non-payment, platform integrity risk, or Acceptable Use violations. Fees remain payable during suspension caused by your act/omission.
D. Warranties, Liability & Legal
- Compliance & Data Protection
Each party will comply with applicable laws, including Malaysian data-protection law. Contract terms do not waive non-excludable statutory obligations. - Disclaimer of Warranties
Goods and Services are provided “as is” and “as available”. We disclaim all warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. - Limitation of Liability (Cap)
To the maximum extent permitted by law:
a) We are not liable for indirect, incidental, special, punitive, or consequential loss (including profit, revenue, goodwill, or data).
b) Our aggregate liability for all claims arising out of the Services in any rolling 12-month period shall not exceed the fees paid by you for the affected Service in the three (3) months immediately preceding the event giving rise to the claim.
c) Nothing in these Terms excludes liability that cannot be excluded by law (e.g., fraud or wilful misconduct). - Indemnity
You shall indemnify and hold us harmless against third-party claims, losses, and expenses arising from (i) your use of the Goods/Services, (ii) Customer Data, or (iii) your breach of these Terms. - Force Majeure
We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, utility or network failures, strikes, supplier failures, cyberattacks (including ransomware), governmental actions, or third-party outages. - Acceptable Use
You must use the Goods/Services in accordance with law. We may suspend for abuse, illegal content, spam, infringement, or prohibited exports. - Taxes & Charges
Prices exclude taxes unless stated. You are responsible for applicable taxes, duties, and bank charges. - Order of Precedence; Changes
If a signed SoW exists, its specific terms prevail over these Terms for that SoW’s scope. We may update these Terms periodically; the version in force at order/renewal applies unless otherwise agreed in writing. - Notices
Notices may be sent by email to the contacts on the quotation/invoice and are deemed received on dispatch unless bounced. - Governing Law & Jurisdiction
These Terms are governed by the laws of Malaysia. The parties submit to the exclusive jurisdiction of the courts of Malaysia (Kuala Lumpur). - Entire Agreement; Severability; No Waiver
These Terms (and any signed SoW) are the entire agreement for the applicable Goods/Services. If any provision is held invalid, the remainder remains effective. A failure to enforce is not a waiver.