SERVICE AGREEMENT

Terms of Services

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF OUR SERVICES (“Services”). THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND LARVA LINK.


Revision date: 6 November 2013

Please note that this agreement is subject to amendments/revisions and it is your responsibility to regularly check for modifications. If you have signed up for the any of our Services before the posted/revision date listed above, the new version will automatically be effective on the posted/revision date stated above. Continued use of the Services constitutes acceptance to the new version of this agreement.

Content
All services provided by Larva Link ("Larva Link") shall be used strictly for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of the laws of Malaysia is strictly prohibited. This includes, but is not limited to: copyrighted material and/or material which in our obsolute discretion judge to be threatening and/or obscene, racially sensitive, seditious, defamatory and/or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Larva Link from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against Larva Link, its agents, its customers, officers and employees resulting from the use of our services.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Larva Link' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software, including warez or any other commercial software which you do not have the legal right to distribute;

  • Serial numbers and CD keys for commercially available software which you do not have the legal right to distribute;

  • Music (.mp3, .wma, .ogg, etc.), Movies and Television shows (.mpg, .avi, .wmv, etc.), images (.jpg, .gif, .png, etc.) or compressed files or archives containing such files (.zip, .rar, .tar, etc.) which you do not have the legal right to distribute;

  • Pornography;

  • Security circumvention software or archives;

  • Any content that facilitates in identity theft, credit card fraud, or any other type of fraud;

  • Torrent files and trackers that facilitate the download of any materials included in this list;

  • Any software that facilitates any activity prohibited in this policy.


NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE SUSPENDED IMMEDIATELY, WITHOUT NOTICE, LARVA LINK WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill RM0.50 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Larva Link is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be suspended and there shall be no refunds whatsoever.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Larva Link must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, Larva Link shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Larva Link by no later than the specified payment due date. Larva Link shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 48 hours. If we do not receive a response within 48 hours, the account, and all accounts under that account plan, will be suspended.

(3)Invoices that remain unpaid will result in service termination. Please make payment within 30 days from invoice due date to avoid service disruption.

Service Fees
(a)Certain services carry a setup fee charged by Larva Link to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Larva Link and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

(b)There shall be a minimum RM100.00 charge to reinstate accounts that have been terminated.

(c)There shall be a minimum RM20.00 charge to for all credit card chargeback.

(d) YOU ACKNOWLEDGE, AGREE AND AUTHORIZE COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION ‘Termination; Cancellation Policy’..

(e) There will be a 3% admin fee charged on top of the total fees if the client chooses to pay using the Paypal payment gateway. Subject to change.

Goods and Services Tax

In the event the Government of Malaysia introduces any goods and services tax, value added tax, consumption tax or any similar tax (collectively referred to as “consumption tax”) upon any payment payable by the client to Larva Link, then such consumption tax shall be paid by the client in addition to any payments payable by the client.

Termination; Cancellation; Suspension Policy

(a)Any payments not made within 3 days of due date will be suspended without further notice.

(b)Continued and repeated violations of the terms of service will result in termination without refund. Prior notification to the client shall not be required.

(c)You may cancel at anytime, unless otherwise stated in written contract or agreement.



Money back guarantee & refund policy
To ensure customer satisfaction, all services are subject to 3 day money back guarantee for new sign ups from the commencement date except for Domain Name registration, SSL certificate & Software Licenses.
For refunds pursuant to this clause, kindly open a ticket to [email protected]

Account Deactivations
A reactivation fee of RM10.00 will be charged(subject to change) for any the reactivation of any account deactivated due to non-payment.

Cancellation Refunds (Not applicable to Domain Name, SSL certificate or Software Licenses)
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation. Refunds will be credited directly to your account. There will be no cash/cheque refund for any cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Indemnity

It is hereby agreed that you shall indemnify Larva Link harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against Larva Link, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, or your agents, employees or assigns. You shall indemnify and hold harmless Larva Link against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Larva Link;

(2) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;

(3) copyright infringement; and

(4) any defective products sold pursuant to the usage of Larva Link’s services.

Limitation of Liability
Larva Link shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Larva Link ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Larva Link shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Larva Link ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of the Terms of Service should be referred to [email protected] All complaints will be investigated promptly. Breach of any term or condition shall be grounds for immediate account deactivation.

Disclaimer
Larva Link shall not be held liable for system down time, crashes or data loss. We shall not be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Larva Link are resold. Thus, certain equipment, routing, software and programming used by Larva Link are not directly owned or written by Larva Link. Larva Link holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Larva Link sees fit.

Account Activation
By activating your account with Larva Link, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

100% Power, Network Uptime SLA
Larva Link guarantees 100% network connectivity. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime. Specific exclusions exist where Larva Link is carrying equipments migration to different data center location, OR network is functioning properly, but upstream issue, such as Data Centre or Carrier failure or DDoS is impacting customer routes to the server farm.

SLA Additional Note
The above agreement does not cover outage caused by equipment and/or events under client’s control, such as refusal to implement adequate redundancy, virtual machine software/services failure due to insufficient resources, or cloud instance being compromised due to weak password policy and/or application services vulnerabilities. The above Service Level Agreement does not cover outage due to scheduled or emergency network and/or equipment maintenance, which will be broadcast in advance to all clients via client area or Helpdesk channel and will not exceed 360 minutes per month.

Larva Link reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.


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