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”: Precision Computer (Malaysia) Sdn Bhd.
  • “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 & Use — You are deemed to have inspected the Goods before acceptance. We are not liable for losses or damages arising from the use of the Goods (including malfunction) to the maximum extent permitted by law.
  2. Failure to Take Delivery — If you fail to take delivery within 30 days, we may forfeit the deposit.
  3. Illegal Use — You are solely responsible for legal compliance; we are not responsible for any illegal use of the Goods.
  4. Overdue Amounts — Overdue invoices accrue interest at 1% per month. You are liable for reasonable legal/collection costs.
  5. Export/Resale Restrictions — You shall not resell Goods into war zones or sanctioned destinations. We are not liable for any consequences from such resale.
  6. Non-Payment & Repossession — If an invoice remains unpaid after 30 days, we may retake the Goods.
  7. Payment Terms — As stated on the invoice; otherwise advance payment.
  8. Returns — Approved returns within 7 days are subject to a 35% restocking charge. You are liable for reasonable attorney/collection fees.
  9. Delivery Window — Estimated 7–14 working days from order confirmation. We accept no responsibility for consequences of late delivery, however caused.
  10. Retention of Title — Title to Goods remains with the Company until full payment is received.

C. Hosting / Unmanaged VPS & Data Services

  1. 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.
  2. 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.
  3. 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.)
  4. 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.
  5. 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.
  6. Service Levels
    Unless expressly stated in a signed SoW, no uptime SLA, RPO/RTO, or recovery commitments apply. Scheduled or emergency maintenance may occur.
  7. 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

  1. Compliance & Data Protection
    Each party will comply with applicable laws, including Malaysian data-protection law. Contract terms do not waive non-excludable statutory obligations.
  2. 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.
  3. 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).
  4. 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.
  5. 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.
  6. Acceptable Use
    You must use the Goods/Services in accordance with law. We may suspend for abuse, illegal content, spam, infringement, or prohibited exports.
  7. Taxes & Charges
    Prices exclude taxes unless stated. You are responsible for applicable taxes, duties, and bank charges.
  8. 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.
  9. Notices
    Notices may be sent by email to the contacts on the quotation/invoice and are deemed received on dispatch unless bounced.
  10. 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).
  11. 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.