Subject to the terms of this Agreement, and contingent on Customer's satisfaction of SerayaHost's credit approval requirements,
SerayaHost agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that SerayaHost generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term").
Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless SerayaHost or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable.
The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
Recurring Fees Share Hosting & VPS
Renewal notices are emailed seven (7) days before the actual renew date in your account.
You will need to manually pay your invoice every month using paypal or bank transfer.
Service will be made inactive on accounts that are not paid by the due date plus three (3) days for all share hosting package and one (1) day for all VPS package.
An account means all hosting services provided to you.
SerayaHost reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other.
Any accounts made inactive for non-payment is subject to a Rp5.000,00 for Share Hosting and Rp10.000,00 for VPS late payment fee.
Account will be terminated automatically after fifteen (15) days for all share hosting package, and two (2) days for all VPS package.
Cancellation and Early Termination
SerayaHost requires a seven (7) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket.
A seven (7) day notice before the upcoming billing date is also required for any downgrades.
All client data will be destroyed immediately after the cancellation date.
Customer agrees to use the service in compliance with applicable law and SerayaHost's Acceptable Use Policy, which is hereby incorporated by reference in this Agreement.
Customer agrees that SerayaHost may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services.
Amendments to the AUP are effective on the earlier of SerayaHost's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.
Customer agrees to cooperate with SerayaHost's reasonable investigation of any suspected violation of the AUP.
In the event of a dispute between SerayaHost and Customer regarding the interpretation of the AUP, SerayaHost's commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to SerayaHost that the information he, she or it has provided and will provide to SerayaHost for purposes of establishing and maintaining the service is accurate.
If Customer is an individual, Customer represents and warrants to SerayaHost that he or she is at least 18 years of age.
SerayaHost may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless SerayaHost, SerayaHost's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
Disclaimer of Warranties
SerayaHost DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW SerayaHost DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF SerayaHost AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Suspension of Service
Customer agrees that SerayaHost may suspend services to Customer without notice and without liability if:
(i) SerayaHost reasonably believes that the services are being used in violation of the AUP;
(ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
(iii) SerayaHost reasonably believes that the suspension of service is necessary to protect its network or its other customers
(iv) as requested by a law enforcement or regulatory agency. Customer shall pay SerayaHost's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if SerayaHost fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail.
The Agreement may be terminated by SerayaHost prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:
(i) Upon one (1) days notice if Customer violates "Customer Information"
section of this Agreement. Either party may terminate this agreement
upon five (5) days advance notice if the other party admits insolvency,
makes an assignment for the benefit of its creditors, files for
bankruptcy or similar protection, is unable to pay debts as they become
due, has a trustee or receiver appointed over all or a substantial
portion of its assets, or enters into an agreement for the extension or
readjustment of all or substantially all of its obligations.
(ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from SerayaHost describing the violation in reasonable detail;
(iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase.
Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.
Unused transfer in one month cannot be carried over to the next month.
If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.
Requests for Customer Information.
Customer agrees that SerayaHost may, without notice to Customer,
(i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that SerayaHost believes violates applicable law
(ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by SerayaHost nothwithstanding any agreement by SerayaHost to provide back up services.
Changes to SerayaHost's Network
Upgrades and other changes in SerayaHost's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. SerayaHost reserves the right to change its network in its commercially reasonable discretion, and SerayaHost shall not be liable for any resulting harm to Customer.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
you are otherwise permitted by established United States copyright law to copy the work in that manner.
SerayaHost will terminate the service of repeat copyright infringers.
SerayaHost shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond SerayaHost's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Money Back Warranty
All Share Hosting package are supported with 7 days no question money back warranty. This money back warranty is not aplicable for all VPS package and domain name purchase.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property.
Neither party may use the other party's name or trade mark without the other party's prior written consent.
The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee.
Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties.
The terms on Customer's purchase order or other business forms are not binding on SerayaHost unless they are expressly incorporated into a formal written agreement signed by both parties.
A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement.
A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.
The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties.
The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement.
There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement.
Customer may not transfer the Agreement without SerayaHost's prior written consent. SerayaHost's approval for assignment is contingent on the assignee meeting SerayaHost's credit approval criteria.
SerayaHost may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.