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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.

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