Co-Location agreement

  1. IPSERVERONE does not support material on its network deemed to be either pornographic in nature, unsolicited email or spam, illegal in nature or fraudulent in nature. While non exhaustive, the CUSTOMER shall be deemed to have read and understood IPSERVERONE’s policies available at the web resource site IPSERVERONE reserves the right to terminate any account that breaches these limitations, or where the usage does not abide by the relevant laws of Malaysia.
  2. IPSERVERONE provides 1st Level Support which includes: Power cycling (turning on and off) equipment; Observing, describing or reporting on indicator lights or display information on machines or consoles; Connecting a Cable to the Network Port.
  3. The CUSTOMER acknowledges and agrees that IPSERVERONE exercises no control over, and accepts no responsibility for, the content of the information passing through IPSERVERONE host computers, network.
  4. Neither IPSERVERONE, its employees, affiliates, agents, suppliers, sub-contractors, third-party information providers, merchants, licensors or the like, warrant that the Service will not be interrupted or error free; nor do any of them make any warranty 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 services or merchandise contained in or provided through the Service.
  5. IPSERVERONE is not liable for the content or loss of any data transferred either to or from the CUSTOMER or stored by the CUSTOMER or any of the CUSTOMER’s clients via the Service provided by IPSERVERONE.
  6. IPSERVERONE reserves the right to adjust the pricing for this Service Agreement, but only after thirty (30) days written notice has been given to CUSTOMER via email upon mutual agreement with CUSTOMER.
  7. CUSTOMER shall co-operate with IPSERVERONE in all such security investigations, indemnify and defend and hold harmless IPSERVERONE for any liability or expense arising from such use or misuse.
  8. In the event customer fail to settle the invoice within Three (3) days from the Invoice due date, IPSERVERONE reserves the right to suspend your service without prior notice, Should there be any outstanding payment over 30 days from the invoice due date, IPSERVERONE reserves the right to terminate your service.
  9. IPSERVERONE shall not be liable to Customer for any damages or losses Customer may incur as a result of such suspension or termination.
  10. CUSTOMER will be given without further notice seven (7) working days from the last day of service to remove their own equipment from the IPSERVERONE Data Center. If CUSTOMER did not remove the equipment at the end of the seventh day, IPSERVERONE will power down the equipment in the rack. A storage charge of RM25 per RU (rack unit) per day will be imposed seven (7) working days after the last day of service. Any storage charge must be settled in cash before the equipment will be released to the CUSTOMER from the IPSERVERONE Data Center. Any equipment not removed after the thirtieth (30th) day from the last day of service, IPSERVERONE will deemed the equipment to be unclaimed by the CUSTOMER and will exercise its rights to dispose of this equipment in any way it deem fit, without further notice or any compensation or liability to the CUSTOMER. If the additional storage charge exceeds the valuation of the equipment to be disposed, CUSTOMER will pay the balance in cash to IPSERVERONE.
  11. Upon termination of the Dedicated Services Agreement for non-payment, IPSERVERONE reserves the right to refer your account to a third party collection agency for collection follow-up and all expenses incurred shall be borne by CUSTOMER.
  12. You may have to pay a RM250 fee + all the outstanding amount to reactivate Service if your Service is terminated , or a RM100 fee to reconnect Service if it is interrupted for non payment or suspended for any reason.
  13. IPSERVERONE acknowledges that it obtains no ownership rights in or to the Equipment or any data and/or information contained thereon; Customer is responsible for use of license software used in the Hardware.
  14. CUSTOMER understands and agrees that IPSERVERONE shall under no circumstances be held responsible or liable for situations where the CUSTOMER’s data is accessed by third parties through illegal or illicit means, including situations of access by exploitation of software security gaps, inherent flaws or weakness in any software, or the CUSTOMER’s own internal security procedures governing the use of the Service and the conduct of its users.
  15. IPSERVERONE shall not be liable to the CUSTOMER for any delay or failure to perform its obligations pursuant to this Service Agreement, or breach of the terms and conditions herein arising from a circumstance beyond IPSERVERONE’ reasonable control including but not limited to (a) acts of God, lightning strikes, shortage or interruption of power supply, earthquakes, floods, storms, subsidence, inclement weather, explosions, fires and any natural disaster; (b) acts of war or military operations, national or local emergency, acts or omissions of Government or any competent authority, acts of public enemies, terrorism, riots, insurrection, civil commotion or disorder, malicious damage, sabotage and revolution; (c) strikes, lockouts, labour troubles, insurrections, and other labour or industrial disputes (whether or not involving the employees of IPSERVERONE); and (d) acts or omissions of persons or bodies for whom IPSERVERONE is not responsible for or any other causes whether similar or dissimilar beyond the control of IPSERVERONE.
  16. CUSTOMER shall at all times indemnify and hold harmless IPSERVERONE, its employees, affiliates, agents, suppliers, subcontractors, third-party information providers, merchants, licensors and the like and pay any settlement amounts awarded by a court of final jurisdiction arising from and against any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable legal fees, costs, and other expenses incurred by IPSERVERONE caused by: a. A breach by CUSTOMER of its obligations under this Service Agreement; b. IPSERVERONE possessing CUSTOMER’s data or related data, documentation or records; c. IPSERVERONE delivering material or information to a party in accordance with the direction of a duly authorised law enforcement office or government representative; d. Any act, omission or negligence of CUSTOMER, its employees and agents; and e. Any activities conducted by CUSTOMER while using the Service.

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