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:
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.
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.
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:
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.
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:
The Customer furthermore undertakes:
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.
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:
The contractual relationship between the Customer and the Provider is terminated by:
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:
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.