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WebSurf Studio has worked so hard just to deliver the very best to our esteemed clients. We have never asked for recognition, but as they say: you get what you give! They just come naturally.  


 

Server Uptime and Network Uptime Guarantee

WebSurf Studio agrees to use its best endeavors to ensure a 99.9% Network Uptime and 99.5% Server Uptime to the customers. Downtime is referred to as our server or network equipment being down and not ping able. Downtime excludes scheduled maintenance window which the maintenance notice shall be posted on our Support Center or email to our clients at least 3 (three) working days before the schedule date. Here are some common guarantees in the industry today and the actual amount of downtime per month involved.

  • 99.5% uptime = 216 minutes of downtime in a month
  • 99.8% uptime = 86.4 minutes of downtime in a month
  • 99.9% uptime = 43.2 minutes of downtime in a month
  • 99.99% uptime = 4.32 minutes of downtime in a month
  • 99.999% uptime = 0.432 minutes (26 seconds) in a month

Customer shall not receive any credits under this 99.9% Network Uptime and 99.5% Server Uptime Guarantee in connection with any failure or deficiency of Web Site Availability caused by or associated with:

  1. Circumstances beyond our reasonable control, including, without limitation, acts of God, acts of any governmental body, war, insurrection, terrorism, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
  2. Failure of access circuits to our network, unless such failure is caused solely by WebSurf Studio;
  3. Scheduled maintenance and emergency maintenance and upgrades;
  4. DNS issues outside the direct control of WebSurf Studio;
  5. Issues with FTP, POP, IMAP, or SMTP customer access;
  6. False SLA breaches reported as a result of outages or errors of any WebSurf Studio measurement system;
  7. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of our Terms of Service Policy;
  8. Email or webmail delivery and transmission;
  9. DNS (Domain Name Server) Propagation.
  10. Outages elsewhere on the Internet that hinder access to your account. WebSurf Studio is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. WebSurf Studio will guarantee only those areas considered under the control of WebSurf Studio: our server links to the Internet, our routers, and our servers.

In the event of Server Downtime or Network Downtime which is (i) due to problem within WebSurf Studio Network and (ii) if the total Server Downtime or Network Downtime exceeds specific numbers of hours consecutively (as specified in Table 1 below) in a calendar month, customer may claim for an Outage Event Credit (OEC). Notwithstanding the foregoing, the maximum amount of OEC can be claimed shall not exceed 50% of the total Monthly Fee for the Service provided, and this is limited to once in a calendar month frequency.

The Customer shall be entitled to the following Outage Event Credit in the form of a credit against future bill of amounts payable by customer for the provision of the service:

Network Uptime Server Uptime Outage Event Credit (OEC)
99.0% - 99.9% 99.0% - 99.5% 1 day charges for service
98.0% - 98.9% 98.0% - 98.9% 2 days charges for service
97.0% - 97.9% 97.0% - 97.9% 3 days charges for service
96.0% - 96.9% 96.0% - 96.9% 4 days charges for service
95.0% - 95.9% 95.0% - 95.9% 5 days charges for service
94.0% - 94.9% 94.0% - 94.9% 6 days charges for service
93.0% - 93.9% 93.0% - 93.9% 7 days charges for service
92.0% - 92.9% 92.0% - 92.9% 8 days charges for service
91.0% - 91.9% 91.0% - 91.9% 9 days charges for service
90.0% - 90.9% 90.0% - 90.9% 10 days charges for service
Below 90% Below 90% 15 days charges for service

Why do reliable web hosting companies offer uptime guarantees backed with real credits or refunds to customer accounts?

We have been involved in the hosting industry since year 2001 and have seen many of our competitors come and go. Many web hosting companies failed because they are not committed to taking great care of their customers. If a web host has nothing to lose when your site is down, then their commitment and speed in restoring your site may not be the best.

Outage Event Credit (OEC)

In reality, an uptime guarantee may only mean a small refund or account credit for you, but if your web host is refunding or crediting every client on their server due to not meeting the guaranteed uptime, this could mean significant losses for them. For example, we have a server with maximum of no more than 300 accounts at RM199/year each. If the server went down and it took us 48 hours to restore the service, that will means we only able to achieve 93.34% of uptime, which would translate to a loss of RM 1146.00 for the month on that server alone. Obviously it is also in our best interest to get the troubled server up and running as fast as possible.

Example of Calculation:

Total Days in a Month 30
Total Hour of Downtime in Month 48
Uptime % 100% - (48 / (30 x 24)) = 100% - 6.66% = 93.34%
Hosting Fee (Yearly) RM199/year
Hosting Fee (Daily) 199/365 = RM 0.545
93.34% of uptime entitle you OEC credit of 7 days charges for service RM 0.545 x 7 = RM 3.815
Issue OEC Credit for 300 clients RM 3.82 x 300 = RM 1146.00

Customer shall submit all claims for OEC by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it within three (3) business days after the WebSurf StudioWebSurf Studio reserves the right to reject the claims without any reasons. server / network is available again following the server or network downtime in question. In the event of customer’s failure to submit the claims within the said three (3) business days,

The claims submitted by customers must contain the following particulars of information:

  1. Customers Name
  2. Client ID
  3. Domain Name
  4. Date and approximate period of downtime
  5. Unavailability information

Any claims submitted without any of the particulars of information above shall be treated as incomplete and WebSurf Studio has the right to reject such claims.

Customers will be given acknowledgement of receipt of all claims within one (1) business days and WebSurf Studio will review all such claims within seven (7) business days thereof. Upon review and findings, WebSurf Studio will inform the customers by e-mail whether the appropriate claim will be granted or rejected. If the claim is allowed, the OEC will not be reflected in the current bill, but in the following bill.

Are the Server and Network Uptime Guarantee considered to be web site or business insurance?

We are in the web hosting business, not the insurance business. Our Server and Network Uptime Guarantee are in no way to be interpreted as an insurance product. Since the maximum amount of credits that can be applied to any web hosting account is the actual amount paid by the customer per month, quarter or year then obviously it is not sufficient to “cover” any damages caused by any server or network outage. We recognize that web sites cost money to develop, maintain and ecommerce sites can experience loss of sales and income when an outage occurs. We do not however offer any compensation for these types of losses as stated in our Terms of Service. While we do perform daily backups on all servers, it is the customer’s responsibility to maintain their own site backups on their local computers at all times and if deemed necessary, obtain insurance products from reputable insurance providers to cover any loss of business or sales.

WebSurf Studio reserves the right to make any modifications, amendments, revisions or changes to this Server Uptime and Network Uptime Guarantee at any time. Customer will be notified prior to any changes or variation to Server Uptime and Network Uptime Guarantee.

Privacy Policy

Because protecting your privacy is very important to WebSurf Studio, we operate our web site under the following guidelines to safeguard your personally identifiable information:

WebSurf Studio policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, WebSurf Studio policies and procedures are subject to change.

What Personal Information does WebSurf Studio collect?

In the course of serving its customers, WebSurf Studio acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer’s name, address, telephone number, and credit card data - is provided to WebSurf Studio by its customers in order to establish service. Other information - such as the customer’s account status, choice of services, and customer logs - is created and maintained by WebSurf Studio in the normal course of providing service. WebSurf Studio also uses cookies, which are small pieces of information that a web site can store in a designated file on a user’s computer for various reasons. In addition, WebSurf Studio may store customers’ electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

Data Security

WebSurf Studio will protect the confidentiality of its customers’ information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of WebSurf Studio, its partners, its employees and other customers of WebSurf Studio services. To protect the loss, misuse, and alteration of information that is collected from customers, WebSurf Studio has appropriate physical, electronic, and managerial procedures in place.

How is customer information used?

WebSurf Studio may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. WebSurf Studio may also use customer information to provide its customers with system information or information about new or upgraded products.

Modification of customer information.

Customers may modify their personal information by logging a Help Desk ticket to make the request.

Domain name customers, who have registered a domain name with WebSurf Studio and wish to change the Technical Contact from WebSurf Studio to another company or change any other registration information, should be able to do so by logging into their OpenSRS account at http://manage.opensrs.org. WebSurf Studio provides all customers with full access to their domain account by sending them their own username and password. It is important to note that customer domain name registration information is made publicly available in the registry of domain names. In the event you lose your OpenSRS password, you can log a Help Desk ticket and we will re-send the password to the email address on the domain registration record. In the event you lose your password and the email address on record with OpenSRS is no longer valid, a direct request to OpenSRS is required, therefore it is important to keep your OpenSRS email address current as well as your email address with WebSurf Studio.

Will WebSurf Studio ever send me direct mailings?

From time to time, WebSurf Studio may send its customers information about various products and services that may be of interest. We will not send you information of this type without specifically allowing you to "opt out" of such mailings. You can opt out by sending an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it , however by doing so, you may miss important communication regarding your service.

In addition, if you are a WebSurf Studio reseller, WebSurf Studio and/or its partners and advertisers may from time to time send you newsletters, promotional material, and other mailings. You can opt out by sending an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

How do I protect my Personal Information in public forums?

WebSurf Studio may offer interactive forums, such as message boards and chat. WebSurf Studio users should be aware that when they voluntarily disclose Personal Information to other users or to third parties on the WebSurf Studio system, through e-mail, or outside of the WebSurf Studio system, that information can be collected and used by others and may result in unsolicited messages from other members or third parties. While WebSurf Studio strives to protect your Personal Information, WebSurf Studio cannot guarantee the security of any information that you transmit to WebSurf Studio, and you are solely responsible for maintaining the secrecy of any passwords or other account information.

WebSurf Studio may provide links to its partners and other Internet sites. These sites have separate data and privacy practices independent of WebSurf Studio, and WebSurf Studio disclaims any responsibility or liability for their policies or actions.

Disclosure of customer information and communications

WebSurf Studio will not otherwise disclose its customers’ personal and account information unless WebSurf Studio has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of WebSurf Studio, WebSurf Studio customers, or others, or where WebSurf Studio has a good faith belief that the law requires such disclosure.

WebSurf Studio also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that WebSurf Studio stores or transmits for its customers. The circumstances under which WebSurf Studio will disclose such electronic customer communications are when:

  • it is necessary in order to provide service to the customer;
  • it is necessary to protect the legitimate interests of WebSurf Studio and its customers;
  • it is required to cooperate with interception orders, warrants, or other legal process that WebSurf Studio determines in its sole discretion to be valid and enforceable; and
  • it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by WebSurf Studio and appear to pertain to the commission of a crime.
  • WebSurf Studio disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. WebSurf Studio will, however, review, delete or block access to communications that may harm WebSurf Studio, its customers or third parties. The grounds on which WebSurf Studio may take such action include, but are not limited to, actual or potential violations of WebSurf Studio policies.
 

Terms and Conditions of Use

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web Hosting, Web Development, Web Marketing and other Internet-related services provided by WebSurf Studio (the "Services"). As used in ths Agreements, "WebSurf Studio" means WebSurf Studio and "Client", "you", or "your" means you. By submitting your order to us, you acknowledge that you have read the Agreement, and you agree to its tems and conditions and all policies posted on the WebSurf Studio site. As referred to in this Agreement, "Site refers to a World Wide Web site and "WebSurf Studio Site" refers to the Site located at the URL http://websurf.my or any other successor Sites owned or maintenaned by Web Surf Studio.

In addion to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.

Appropriate Use of Services

WebSurf Studio provides the Services exclusively and makes no effort to edit, control and monitor restrict the content of data otehr than as necessary to provide such services.

Client Content

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client or through Client by a third party - to any WebSurt Studio server in connection with Client's use of the Services which:

  • violate any state, federal or foreign laws or regulation;
  • infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of WebSurf Studio or any third party;e
  • are defamatory, slanderous or trade libelous;
  • are threatening or harassing;
  • are discriminatory based on gender, race, age, or promotes hate violate any WebSurf Studio policy posted on the WebSurf Studio site including but not limited to those in our Terms of Service (TOS).
  • contain virues or other computer programming defects which result in damage to WebSurf Studio or any third party.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the services.

Back-up Files and Processing

Shared Hosting Clients will have the ability to reinstate files which are automatically archieved by WebSurf Studio upon request for a minimal fee; however, WebSurf Studio does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by WebSurf Studio.

Termination

WebSurf Studio reserves the right to refuse service to anyone. WebSurf Studio, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing.

Payment Obligations

Service Fees.

Where an invoice is delivered to Client, Client shall remit payment to WebSurf Studio by no later than 7 days after the specified payment due date. WebSurf Studio sahll be entitled to immediately termiate this Agreement for Client's faulure to make timely payments to WebSurf Studio. Certain services carrya set-up fee charged by WebSurf Studio to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to WebSurf Studio and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid WebSurf Studio for such Services, only 70% refunds will be issued for any unused full month month portions less one month of the Services upon Clients request. Therefore, if Client’s account is canceled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.

Late Payments

Any payment not received within twenty (20) days of the invoice date, will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a USD $5.00 fee. Customer also shall pay to WebSurf Studio all expenses incurred by WebSurf Studio in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys’ fees and the fees of any collection agency retained by WebSurf Studio. Late Fees will continue to accrue as long as there is an outstanding balance.

Returned Item Fee

Accounts with returned checks and/or e-checks will be assessed a USD $15.00 returned item fee.

Taxes

Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

Domain Names

If Client chooses to register a domain name(s) through WebSurf Studio, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. WebSurf Studio does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

Client Liability and Indemnification

The parties agree that in no event shall WebSurf Studio be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless WebSurf Studio from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.

Term, Termination and Reinstatement

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page. All cancellation requests must be received by the 25th of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.

If WebSurf Studio suspends a virtual account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within Five (5) business days of cancellation upon approval from WebSurf Studio and full payment of balances due. A reinstatement fee of $15.00 will be applied.

 

If a Client terminates their account, WebSurf Studio will disable the server/account the day the client specifies the account is canceled. WebSurf Studio will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.

Taxes

Client will pay and indemnify and hold WebSurf Studio harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

Disclaimer of Warranty

THE SERVICES, THE WEBSURF STUDIO SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE WEBSURF STUDIO SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. WEBSURF STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEBSURF STUDIO SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liablitiy

IN NO EVENT SHALL WEBSURF STUDIO BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE WEBSURF STUDIO SITE OR ANY WEBSURF STUDIO PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL WEBSURF STUDIO CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

Miscellaneous

Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to WebSurf Studio:

WebSurf Studio

13A, Kampung Enam, Bacang, 75300 Melaka, Malaysia.

If to Client,

Name and address provided for account setup.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by WebSurf Studio. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and WebSurf Studio policies are subject to change by WebSurf Studio without notice. Continued usage of the Services after a change to this Agreement by WebSurf Studio or after a new policy is implemented and posted on the WebSurf Studio Site constitutes your acceptance of such change or policy. We encourage you to regularly check the WebSurf Studio Site for any changes or additions.

Legal Information

Our Terms of Service have been written in order to protect our clients and ourselves to ensure we deliver a stable, reliable product and quality network. We ask that you read read our policies that you can assist us in keeping our servers and network free of abuse, which ensure quality performance for everyone.

When you sign up for any of our services, you are agreeing to our terms of service. Although we will do our best to work with our customers in the event of a breech of policy, we will aslo take a firm line when necessary to protect our other customers and network.

Clients of Websurf Studio, are required to agree and conform to the following terms of service (TOS) and acceptable use policies. Violations of these policies may result in loss of service and/or other disciplinary action.

Our TOS includes the following categories. You can click on each individual area to be taken to the individual pages or review and click on the next buttom to progress through the complete TOS:

Domain Registration Agreements


 

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