Terms & Conditions
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web Hosting, E-Commerce and other Internet-related services provided by Techavenue (the “Services”). As used in this Agreement, “GigsGigs” means Techavenue and “Client”, “you”, or “your” means you. By clicking on the “Complete Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the GigsGigs site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “GigsGigs Site” refers to the Site located at the URL http://www.GigsGigs.com or any other successor Sites owned or maintained by GigsGigs.
1. APPROPRIATE USE OF THE SERVICES
GigsGigs provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other 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 GigsGigs server in connection with Client’s use of the Services which:
- violate any state, federal or foreign laws or regulations
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of GigsGigs or any third party
- are defamatory, slanderous or trade libelous
- are threatening or harassing
- are discriminatory based on gender, race, age or promotes hate
- violate any GigsGigs policy posted on the GigsGigs Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
- contain viruses or other computer programming defects which result in damage to GigsGigs or any third party.
- Bandwidth. Client may occupy only the amount of disk space on the GigsGigs Server and utilize no more than the network bandwidth that is allotted by GigsGigs. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
- No “SPAM”. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at GigsGigs, or otherwise, that mentions or reference any domain hosted on GigsGigs servers or parked on GigsGigs DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER.(Violators will be fined! Refer to our UCE (SPAM) Policy).
- 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. Client will have the ability to reinstate files which are automatically archived by GigsGigs; however, GigsGigs 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. Backup capability is available through the Client’s Control Panel on certain Services.
- Termination. GigsGigs reserves the right to refuse service to anyone. GigsGigs, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact [email protected]
2. 'UNLIMITED' USAGE POLICIES AND DEFINITIONS
“Unlimited” usage policies and definitions apply only to shared and reseller hosting accounts.
What “Unlimited” means. GigsGigs does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, GigsGigs makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
What “Unlimited” DOES NOT mean. GigsGigs employs complex mechanisms to protect its Subscribers and systems from abuse. GigsGigs’s offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. GigsGigs’s service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. GigsGigs’s service is designed to meet the typical needs of small business and home business website Subscribers in the Malaysia and Hong Kong. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. GigsGigs will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, GigsGigs does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until GigsGigs can evaluate said sites resource needs.
Unlimited Hosting Space; excessive MySQL files. GigsGigs does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does GigsGigs charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms. Please note, however, that the GigsGigs service is designed to host websites. GigsGigs does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. GigsGigs may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice.
Unlimited File Transfer GigsGigs does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does GigsGigs charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, GigsGigs reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
Unlimited Domain Hosting. GigsGigs does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber’s web hosting account.
3. PAYMENT OBLIGATIONS
Service. By the Tenth (10th) of each month, GigsGigs shall either (i) debit Client’s credit card (where such information is provided by Client) or (ii) generate in clientarea or deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month or year depending on the Service. Where an invoice is delivered (or in clientarea) to Client, Client shall remit payment to GigsGigs by no later than the specified payment due date (or if not specify, 7 days from the invoice date). GigsGigs shall be entitled to immediately terminate this Agreement for Client’s failure to make timely payments to GigsGigs. Certain services carry a set-up fee charged by GigsGigs 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 GigsGigs and agrees to pay any and all fees incurred by Client. Because the Services are provided on a yearly basis, Client will be responsible for Service fees incurred each year regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 5th month of a particular year, Client will still owe fees for the entire year and such fees will not be pro-rated or refunded.
Late payments. Any payment not received within five (5) days of the invoice due 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 $5.00 fee. Customer also shall pay to GigsGigs all expenses incurred by GigsGigs 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 GigsGigs. The Customer’s web site will also be immediately suspended and will not be reinstated until payment in full has been received.
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 GigsGigs, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. GigsGigs does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
Refund. It apply to shared hosting only (fees for web hosting plan only). Customer require to give at least three (3) working days prior to the date of expire (30 days) for request of refund to be valid. Failing to do so may cause to the request of refund are not being entertained or rejected. Within this three (3) working days, the customer are still allow to cancel the refund. For refund of payment type other then direct bank-in, it may took longer time up to not more then one calander for the money to return to the customer, although the service has been terminated.
For the case that we already rendered free services to customer (for example, installation of software without charges, reset of hosting space, customize programming to website), this terms (money back guarantee) is void with immediate effect with or without notify customer in advance.
4. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall GigsGigs 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 GigsGigs 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.
5. TERM, TERMINATION & 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 year-to-year 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 Service Cancellation Information page. The essence of this page states that Client must contact the GigsGigs to receive a cancellation number, which Client shall retain as proof of termination, and all cancellation requests must be received by the Twenty-Fifth (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.
Client will pay and indemnify and hold GigsGigs 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.
7. DISCLAIMER OF WARRANTY
THE SERVICES, THE GigsGigs SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE GigsGigs SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. GigsGigs 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, GigsGigs 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.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL GigsGigs BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE GigsGigs SITE OR ANY GigsGigs 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 GigsGigs CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS (USD 300).
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 GigsGigs :
GigsGigs.com Web Hosting Department, Unit A, 3rd Floor, Winner Commercial Building, 401-3, Lockhart Road, Causeway Bay, Hong Kong.
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 GigsGigs. 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 GigsGigs’s policies are subject to change by GigsGigs without notice. Continued usage of the Services after a change to this Agreement by GigsGigs or after a new policy is implemented and posted on the GigsGigs Site constitutes your acceptance of such change or policy. We encourage you to regularly check the GigsGigs Site for any changes or additions.