Terms and conditions
1. Initial Provisions
General Commercial Terms (hereinafter as the “GCT”) of company WEBGLOBE – YEGON SDN. BHD, with registered office in The Place 3A- 1, Jalan PJU 8/5g, Bandar Damansara Perdana, 47820 Petaling Jaya, Malaysia, registered in SSM under company registration No.: 1269409-V, Tax file No.: C02546258904, govern mutual rights and obligations of parties to contract – company WEBGLOBE – YEGON SDN. BHD, as provider of services (hereinafter as the “Provider”) and natural person or legal person as customer of services (hereinafter as the “Customer”).
The parties enter into contractual relationship concerning:
providing of webhosting services, providing of virtual servers and providing of services of electronic mail on servers of the Provider in favour of the Customer
arranging for registration of domain names of second or higher level in Internet network into central registers of domain names (and other services concerning domain names) by the Provider in favour of the Customer
services connected therewith.
General commercial terms, as well as rights and obligations arising hereunder or in connection herewith shall be governed by the law of the Malaysia, in particular by the Commercial Code. GCT become valid and effective on 01.05.2018. Upon this date the previous GCT cease to operate.
2. Contract Formation
Contractual relationship between the Customer and the Provider is formed upon filling-in and sending of order form (hereinafter as the “Order”) in electronic form through website of the Provider. The Order contains specification of ordered services and the price which shall be paid by the Customer to the Provider for services. Information filled-in by the Customer in the Order are considered by the Provider to be correct. By sending of the Order the Customer accepts these GCT.
3. Domain Registration
Domain name registration is made according to order of placed Orders.
Registration of .my domain names is governed by rules of MYNIC Berhad. The Customer is obliged to get acquainted with their terms. Registration of the domain is performed after crediting of account of the Provider with payment fee for domain registration.
Registration of other domain names of second or higher level is also performed only after crediting of account of the Provider with payment fee for domain registration. It is in interest of the Customer to pay the registration fee for ordered domain as soon as possible after placement of Order, otherwise the Provider cannot guarantee availability of ordered domain name.
The amount of registration fees for domain registration is published in price list of the Provider at its home website.
Order for domain registration may only be cancelled until the moment when the Provider makes payment of respective registration fee. After payment of registration fee, no right to refund may be claimed.
The Provider shall arrange for registration and operation of the domain name without undue delay,
provided that the registration, pro-longing of registration or domain operation is not obstructed by reasons amounting to the Customer or to third parties. The Customer is aware of the fact that the Provider bears no responsibility for operability and setup of name servers of the Customer or third parties, nor for false technical setup performed by the Customer.
Violation of ownership rights to trademarks and violation of the law as a result of using domain name or directory name by the Customer which constitutes tradenames or trademarks of rightholders (registered proprietors entitled under Act 1976 and its later amendments in Commercial Code of Malaysia), shall not result in liability of the Provider. The Provider reserves the right to suspend any domain immediately if it violates the Laws of Malaysia.
Upon Order the Provider registers .my domain in its own name (the Provider acts as domain holder). In such case the Provider guarantees to the Customer that in the course of registration period of the concerned domain, any changes (change of holder, change of registrar) may only be made with prior consent of the Customer. The Provider may refuse to arrange for domain registration in its own name.
In case of domain registration in the name of the Provider (Provider is publicly indicated as domain holder) the following rules apply:
All liability for domain and content of its website shall be borne by the Customer.
The Customer shall at latest within 2 days after being called by the Provider arrange for change of domain holder to another entity. In case of failure to fulfil this obligation the Provider may suspend operation of the domain until the change of domain holder.
The Provider reserves the right to suspend any domain name registered on its behalf immediately if it violates Laws of Malaysia or contains inappropriate content.
The Customer is obliged to compensate the Provider for all the loss incurred as a result of domain registration in its name.
4. Web hosting Services
The Provider shall enable the Customer to use own server and program equipment for operation of virtual internet server in the extent specified in the Order. Server of the Provider is located in housing centre of a third party. The Provider is obliged to monitor server operability in providing webhosting services and services of electronic mail. The Provider is furthermore obliged to regularly update program equipment of the server to ensure its effectiveness and security.
The Customer may use phone and e-mail support for solution of problems with domain registration and operation. Contact for support may be found at website of the Provider. The Provider is obliged to respond to queries of the Customer within one working day.
The Provider is not obliged to provide webhosting services and services of electronic mail in case their providing is prevented by problems amounting to the Customer or amounting to third parties. The Customer is aware of the fact that the Provider shall bear no liability for breakdowns in electricity supplies and in data networks of housing centre. The Provider undertakes to perform measures in order to eliminate breakdowns in providing of services. In connection therewith the Provider may perform scheduled maintenance breaks with respect to provided services in order to perform checks, maintenance or replacement of hardware, or to adjust or update program equipment of server (hereinafter as the “Maintenance Break”). In case it is possible with reference to Maintenance Break character, it shall be performed in evening and night hours in order to affect operability of provided services in the minimum possible extent. The Provider shall provide information about scheduled Maintenance Breaks in advance at its website or inform the concerned Customers by prior e-mail message.
In case the issued invoice / pro-forma invoice for domain operation remains unpaid for more than 1 month after its due date or more than 1 month after elapsing of previous pre -paid term of services, which are subject to the concerned invoice / pro-forma invoice (whichever of these terms elapses later) and the Customer fails to make payment despite being repeatedly called, the Provider has right to delete from its server all data concerning the domain of the Customer.
Unlimited monthly data transfer means data transfer between the domain of the Customer and Internet network, in the amount not excessively exceeding regular using of the service by other customers of the Provider and at the same time such data transfer does not affect steadiness of provided services by the Provider.
Multi-hosting service may only be used with domain registered through the Provider. In case of existing domain it is necessary to change its registration / transfer it in favour of the Provider.
5. Using of Ordered Services
The Customer may not create websites with content violating the law or good manners. In case such situation occurs, the Customer is solely liable for its conduct and for the loss sustained by the Provider or to third parties. The Provider has right, unless otherwise specified in the Order, to immediately and without prior warning suspend or terminate providing of service to the Customer who attempts to operate:
website overloading database, web or e-mail systems, causes their entire or partial inaccessibility and thereby causes harm to the Provider and / or to other customers of the Provider,
website concentrated on spreading of unsolicited e-mails (spam), phishing, download server,
website containing excessive amount of music and video files (mp3, mpeg, avi),
warez servers, servers with similar scope of activity and websites promoting warez,
servers providing data protected by the law on intellectual property, by copyright or by patent rights without consent of author,
servers using licences, programs or components protected by the law on intellectual property, by copyright or by patent rights without consent of author,
website providing access to any data in conflict with good manners and/or with the Laws of Malaysia (e.g. photographs or texts inciting national, racial or ethnical hatred, promoting violence, racism, fascism or other initiatives and ideologies concentrating on repression of rights and freedoms of individuals).
The Customer furthermore undertakes:
not to use information acquired through the service in case such information are protected by the law on intellectual property, by copyright or by patent rights,
not to unlawfully attempt to infiltrate into access accounts of other clients or into system of the Provider.
In case providing of services is suspended or terminated by the Provider as a result of violation of these terms by the Customer, the Provider shall not be obliged to refund to the Customer the paid fees for providing of services.
Disc capacity of domain is intended for storage of content of websites of the Customer and is not
intended as a storage for exchange of large amount of data between users of the Customer (through ftp, http, etc.).
The Customer may not provide services obtained from the Provider to third party for remuneration or free of charge without prior written consent of the Provider.
A single webhosting service (including services enabling operation of several domains – multihosting) is intended for use by single entity (Customer) and not by third party.
6. Price and Payment Conditions
Price list of services of the Provider (hereinafter as the “Price List”) is available at the website of the Provider. Domain registration fee is paid yearly in advance or according to terms of registration of respective domain name. Webhosting services are due quarterly, semi-yearly, yearly or for several years in advance. Providing of virtual server is due monthly.
The Provider charges registration fee, webhosting fee and fee for providing of virtual server by pro forma invoice with due date 14 days after its issuing.
The Customer shall make payment in a manner to enable crediting it’s the account of the Provider with its payment prior to expiring of domain registration period, otherwise the Provider bears no liability of inoperability of the domain.
Pro-forma invoice is sent in electronic form to contact e-mail address of the Customer. The Customer may ask for paper version, charges for its sending by mail are indicated in current Price List of the Provider. The Customer shall use the variable symbol indicated in pro forma invoice which is used to identify the payment. In case of failure to use variable symbol or in case of indicating incorrect variable symbol the Provider bears no liability for problems incurred in processing of the payment. The Customer shall pay the entire sum including VAT, as specified in the pro forma invoice.
Invoice (tax document) is sent in electronic form (PDF file) by e- mail after processing of payment. Electronic invoice meets all requirements prescribed by the Laws of Malaysia. The document is singed by electronic signature in accordance with Electronic commerce Act 2006 and therefore constitutes a valid tax document.
The Customer has right to revoke its Order without specifying grounds within one month after ordering of a new service and to refund of paid fees for their operation. This shall not apply to fees for change of registrar, registration fees, SSL certificate fees and other similar fees, which are non-refundable. In case the Customer terminates using services after elapsing of trial period, no right to refund of the fee or its part applies. The pre-paid service is available to the Customer until the end of pre-paid period, regardless of whether the Customer actually uses it or not.
The Provider is liable for losses caused in the course of domain registration, providing of webhosting services or virtual server services only in the amount corresponding to the amount of registration fee, fee for webhosting services or fee for providing services of virtual server, as paid in invoicing period in which the loss occurred.
Providing of virtual servers is subject to the following terms of commitment:
In the course of the commitment period indicated in the order, commencing on the day the contract becomes effective (hereinafter as the „Commitment Period“) the Customer undertakes to:a) remain in contract relationship with the Provider in accordance with the contract for the entire contract term and to use the services under the contract uninterruptedly and in accordance with its obligations and not to perform any act intending to terminate the contract and / or its amendment prior to elapsing of the Commitment Period (regardless of actual legal effects of such act).b) not to act in a manner, or not to give rise by its act or enable by its act occurrence of circumstance which would result in right of the Provider to withdraw from the contract or to terminate the contract by notice as a result of non-performance or breach of obligations of the Customer assumed under the Order or to act in a manner on the grounds of which the Provider could within the Commitment Period limit or suspend providing of services under the contract.
In case of breach of any of the obligations of the Customer specified in paragraph 1, the Customer is obliged to pay to the Provider a contractual penalty of seven times the amount of sum of all monthly fees (not applying discounts) for the services under the contract. The right to contractual penalty under this paragraph arises to the Provider upon breach of obligation of the client and upon breach of obligation of the Customer, where such right is not dependant on performance of any act by the Provider. The right to contractual penalty is without prejudice to other acts of the Provider in accordance with the contract (e.g. suspending of providing services on the grounds specified in the contract). The Customer shall also compensate the Provider for any loss exceeding the amount of agreed contractual penalty. The contractual penalty under this article shall be paid by the Customer regardless of the length of remaining Commitment Period. Contractual penalty is due 14 days after service of call of the Provider for its payment to the Customer.
The Provider undertakes to grant to the Customer for the entire Commitment Period an advantageous fee for the ordered service.
7. Contract Termination
The contractual relationship between the Customer and the Provider is terminated by:
Agreement of the parties to the contract
Termination by notice sent by any of the parties. Notice period shall be 3 months and shall commence on the first day of calendar month following after the date of service of the notice
Withdrawal from the contract. The Provider has right to withdraw from the contract immediately in case the client breaches terms under paragraph 5 of GCT or acts in contrary to interests of the Provider.
8. Special Provisions
By filling-in the order the Customer acknowledges that its personal data: name, surname, address, e-mail address, telephone number are accurate and true and gives consent pursuant Personal data protection Act 2010 of the Laws of Malaysia with their processing by the Provider.
The Provider undertakes not to provide personal data of the Customer (name, surname, address, e-mail address, telephone number) to any third party without express consent of the Customer, with exception of:
providing data of the Customer to registrar of concerned domain under the Order in case it is necessary for due registration procedure of ordered domain
providing necessary data of the Customer to contract partner of the Provider which under authorization from the Provider collects claims of the Provider – only in case the Customer fails to pay fees under its Order within period exceeding 60 days after due date of issued pro forma invoice or invoice. In such case the date on the Customer may be used by contract partner of the Provider only for the purpose of claims collection.
The Provider reserves right to amend these GCT and Price List by its unilateral decision without consent of the client. The Provider shall inform the Customer about changes in GCT or in the Price
List at latest 30 days prior to their coming into effect. The Customer has right to terminate the contract by notice on the grounds of such changes, but at latest within 20 days after receiving the above-mentioned information. The notice period in such case elapses on the date of coming of the respective change in GCT or Price List into effect.