Use of QS SALES& SERVICES constitutes acceptance and agreement to QS SALES& SERVICES 's Terms as well as QS SALES& SERVICES 's AUP (Acceptable Use Policy), spam policy and fraud policy.
Where the context admits: "We" includes QS SALES& SERVICES or any party acting on QS SALES& SERVICES 's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement.
By using our services you agree to be bound by our terms and conditions below:
1. Web Site Hosting And Email
1.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
1.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
1.3. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
1.4. You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
1.5. You will not post, link to or transmit:
1.5.1. Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
1.5.2. Any material containing a virus or other hostile computer program.
1.5.3. Any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
1.6. You will not sending of unsolicited email (a.k.a. SPAM) or otherwise from our network. Nor will you promote a site hosted on our network using bulk email. Web Site found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued. Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.
1.7. We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez and/or copyrighted MP3s
1.8. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
1.9. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
1.10. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
1.11. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
1.12. Any access to other networks connected to QS SALES& SERVICES must comply with the rules appropriate for those other networks.
1.13. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
1.14. In relation to clause 1.5, we have the right to charge a MYR300 fine for each abuse case and the abuser will be liable for any costs incurred by ourselves, our customers or any other company / business linked to us.
1.15. If you abuse the network or we receive a complaint about your account we will investigate this and we have the right to suspend the account if your actions could have a negative effect on our business or any other business connected to us. In extreme cases we may terminate your account and end our business relationship with you immediately. In such circumstances a refund will not be paid. Attempts to recover any monies paid in abuse situations will result in legal proceedings against you to the fullest extent allowable under law.
2. Web Site Hosting Service Availability
2.1. We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
2.2. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
2.3. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
2.4. Uptime guarantees do not include downtime required to upgrade / service hardware or problems caused by your equipment or 3rd parties, for example but not limited to, your ISP (internet service provider).
3. System Resource Usage
3.1. If QS SALES& SERVICES system administration team determines that a customer's account is utilizing an unacceptable amount of system resources, QS SALES& SERVICES may temporarily deactivate the account in question. If QS SALES& SERVICES staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven (7) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.
3.2. QS SALES& SERVICES will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
4.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4.2. Payment is due each month or year until closure notice is given. If you choose to pay by credit or debit card you authorize QS SALES& SERVICES 's credit card to debit your account renewal fees from your card.
4.3. All payments must be in either MYR (Malaysia Ringgit).
4.4. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
4.5. Orders submitted using free email accounts may be subject to a telephone call to confirm the order prior to the account being set up.
4.6. From time to time security checks are performed and new customers may be telephoned prior to any service commencing.
4.7. If unpaid monies are owned to us for one or more services we reserve the right to suspend / terminate all services you hold within the QS SALES& SERVICES network.
4.8. If monies are owned to us are not received in full within 30 days of our final request it will be considered as fraud and our fraud policy, as detailed on our website, will be used to collect such monies without exception.
5. Web Site Hosting Termination
5.1. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2. QS SALES& SERVICES will charge a sum of MYR35 for reactivation of a suspended account. These charges will cover all the administration works.
5.3. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.5. Refunds will be given at the discretion of the Company Management including refunding of upfront yearly fees
5.6. We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.
5.7. You may cancel the Services at any time. Canceling payments to us on monthly and 3 months paid plans will result in the immediate suspension of the service(s). For annually paid plans the account will be suspended at the end of the 12 month period.
5.8. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
5.9. When an account termination request is received it will only be action if it contains enough proof that we know it came from the authorized account holder. Such information required is: account number, username, password.
5.10. When a valid account termination request is received it will be terminated immediately. We do not accept termination requests that request closure at a future date.
5.11. Accounts closed in error by the customer will not be reopened unless we receive new payment equivalent to full service which must then be cancelled by the customer at the correct time of closure.
6. Resellers Hosting
6.1. Resellers may cancel their account at anytime by submit a ticket to support at our helpdesk system. Please include the information such as: account number, username, password, domain name.
6.2. The reseller will be responsible for their customers and must ensure that their customers do not break any parts of our terms and conditions.
6.3. If resellers customer is found to be sending small amounts of unsolicited email (a.k.a. SPAM) the reseller must warn the customer within three (3) days that if this is repeated their account will be terminated. If a reseller allows such actions to continue, we have the right to remove the resellers account.
6.4. We have the right to suspend / terminate any website, including resellers customer websites is mass spamming, abuse occurs.
6.5. If a reseller fails to pays for any reseller hosting fees we reserve the right to suspend the resellers account and stop their customers from using our resources.
6.6. We will not be held liable for the actions of our resellers.
6.7. Resellers must act in a professional business manner at all times.
6.8. A reseller may sell their customers to us at a price we set.
6.9. Resellers must not create web hosting packages that contain features that we do not offer, however resellers may offer hosting packages from other providers with additional / different features than those we offer.
6.11. When an account termination request is received it will only be action if it contains enough proof that we know it came from the authorized account holder. Such information required is: account number, username, password, domain name.
6.12. When an account termination request is received it will be terminated immediately. We do not accept termination requests that request closure at a future date. All termination requests must submit a ticket to support at our helpdesk system.
6.13. Accounts closed in error by the customer will not be reopened unless we receive new payment equivalent to one month’s service which must then be cancelled by the customer at the correct time of closure.
7. Credit / Debit Card Chargeback
7.1. If a services have been used and the customer requests their bank to recall the payments made (sometimes called a chargeback) then legal action will be taken against the customer to recover such payments in all circumstances.
7.2. All actions of fraud are automatically reported to the police and dealt with according to our fraud policy as detailed on our website without exception.
7.3. Any cases of underage porn on our servers will automatically be reported to the police and we will work with such bodies to ensure that legal action is taken against you. We will never tolerate such actions.
8.1. This Agreement shall be governed by and construed in accordance with Malaysia law and you hereby submit to the non-exclusive jurisdiction of the Malaysia courts.
9.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
10. This Agreement
10.1. By performing any transactions on this web site you agree to these terms and conditions, our acceptable use policy (AUP), fraud policy, spam policy and also agree to make any person(s) who use our services aware of our terms and conditions.