Terms of Service (TOS)

ControlVM Sdn. Bhd. Terms of Service (this “Agreement”), governs the service ordering (the “Order”) and the use of ControlVM Sdn. Bhd.’s hosting services (“Services”) between ControlVM Sdn. Bhd. (“ControlVM“, “we” or “our“) and you or the person who initial the service ordering (“Client” or “You” or “Your“).

You must agree the terms and conditions of this Agreement before order and use the Services. By using ControlVM’s Services, you acknowledged that you had read and accepted this Agreement as well as the Acceptable Use Policy (AUP) and Privacy Policy incorporated by reference to this Agreement. ControlVM reserves the right to modify this Agreement at any time without any prior notice, effective upon posting of the latest modified Agreement at ControlVM webpage (the “Site”).

Term

The initial term of service of the Agreement shall start on the date when ControlVM notify you via email on account activation. Your particular billing cycle corresponds to the contract length that was initially chosen during ordering or setup. Your account will automatically renew at this contracted length. All accounts are set up on a pre-pay basis. ControlVM reserves the right to change prices at any time, unless other terms have been agreed upon.

Payment

All services are notified and invoiced 14 days in advance, and must be paid in full before the first day of the new service period. Any account not brought current before overdue or exceeding this time frame in any way is subject to suspension. Any account that is not brought current prior to deactivation will be subject to 1% late charge, per invoice. You shall continue liable for all applicable charges during the period of interruption resulted from late payment. All payments are in Ringgit Malaysia (RM) or US Dollar (USD) currency.

You are responsible for all activities and charges resulting from the use of the ControlVM’s Services and agree to pay all fees, bandwidth charges, surcharges, and other charges incurred by your account will charge in the contracted term billing statement.

Termination / Suspension / Cancellation and Refund Policies

Any Services under your account violated ControlVM or data center policies, late payment or overdue invoice, your account regardless of services will be suspended entirely. If a service is suspended, you will be required to pay a reactivation fee of USD60.00 (Colocation or Dedicated Server) / USD30.00 (Cloud Server & VPS) / USD10.00 (Shared & Reseller Hosting), and any other charges associated with any of the offenses, violations or late payments.

ControlVM reserves the right to cancel/terminate Services at any time. All fees paid in advance of cancellation/termination, for unused service periods, will NOT be pro-rated and will NOT be refunded. Any violation of policies which results in extra costs will be billed to you.

If you wish to cancel/terminate any hosting services provide by ControlVM, you MUST request service cancellation in client area 5 days before the new service period. We do NOT accept cancellation requests via email or support ticket. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies ControlVM at our client area to request for termination or cancellation of services.

For any Services provided by ControlVM, generally the files will be remove permanently from our server after 7 days from invoice due date, but we no guarantee on the retrieve of your files after cancellation/termination. Any request of file transfer/download will be charge at flat processing fee of USD30.00.

Domain registration, setup fees, bandwidth overage fees charged to customer are NOT refundable. Software licenses are billed at each month and NOT refundable. The licenses were still active even if your service canceled within the first 30 days. If client has retained the services for one year and has prepaid ControlVM for such services, refunds will be issued for any unused full month of the paid license fees, upon client’s request.

All domain name registrations are due and payable upon registration. ControlVM cannot guarantee any name will be available at the time of registration. CUSTOMER AGREES TO HOLD CONTROLVM FREE AND HARMLESS FROM ANY LIABILITY OR LITIGATION THAT CAN ARISE FROM ANY DOMAIN NAME RESERVATION.

In any case of refund involved (example: cancel order by you, etc), USD10.00 administration fee will be charge to you. If you do not agree this term, please stop ordering our services.

30-Days Money Back Guarantee

This is the period in days after signup shared hosting (web or email hosting) ONLY, where users can get back 100% of all their fees for all resources they’ve used, if they decide to cancel ControlVM’s Services within 30 days from service activation date. Money back guarantee is NOT applicable for the purchase of domain, SSL Certificate, software licenses inlcuding control panel, Cloud Server, VPS, Dedicated Servers, Server Co-location or custom services. All payment to ControlVM is Non-Refundable, except the delivery time exceeded the delivery time as stated in the dedicated server paragraph.

Charge-back

Customer agrees not to charge-back any paypal/credit card payments for services rendered. ControlVM will bill each client USD50.00 per returned check, per wire transfer received and/or per Paypal / 2Checkout / Stripe credit card charge back received.

Bandwidth Overage

ControlVM will not refund any unused prepaid fees. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular service package specifications and resultant charges. Bandwidth overages are currently billed at $0.50/GB/month. Bandwidth overages for VPS, Cloud Server, Dedicated Server, and server co-location, will be calculation per 100GB block basis and will be billed by different invoice.

Dedicated Server

The delivery of dedicated server to client is within 96 hours or less after receive the first payment and passed our verification. In any circumstances, we reserve the right to extend delivery times if required. If the delivery time exceeded the above time frame, customer will be offering the option for refund, if the client decided to select the refund option, cancellation request must be send via our client area and the confirmation of cancellation will be send to the client before the account or service served as cancelled. Refund amount is the amount after deducted all the administration fees & payment gateway charges and subject to our billing department decision.

Interruptions of Service & Data Backup

Due to the nature of the service provided, an interruption could occur for many reasons beyond ControlVM’s negligence. Damages resulting from any interruption of service are too difficult to ascertain. ControlVM shall not be liable for any damages that arise from such causes. ControlVM’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable for your specific hosting plan during the period damages occurred, details in reference to our Service Level Agreement. ControlVM does not guarantee that our services will be uninterrupted or error free. ControlVM will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

It is your responsibility to maintain a current back up of your files and folders. ControlVM does provide back up service at extra cost and will take a current back up of your site at system chosen interval.

Although ControlVM shared & reseller hosting servers are equipped with backup features, customers must make their own backup and are fully responsible for their own data hosted in the server. In case of system failure (hard disk failure either master, secondary or backup, processor, memory, etc.), ControlVM are not liable of any damages and losses caused by hardware failure, natural disaster or foul play at the datacenter. ControlVM has the right to add, remove or replace hardware anytime without customers’ (clients) consent. However, such free data backup is not applicable to Cloud Server, VPS Hosting, dedicated servers, co-location or custom solutions. You are responsible to backup your own data.

Limitation of Liability

In no event shall ControlVM be liable for damages resulting from loss of data, profits, or for any incidental, indirect, punitive or consequential damages in connection with these terms and conditions or in connection with any hosting services under your account. In no event ControlVM cumulative liability exceed an amount equivalent to charges payable for your specific hosting plan during the period damages occurred.

Term & Termination

This Agreement shall commence on the service activation date and any subsequent renewal terms. Eighter party have right to terminate this Agreement by giving at least thirty (30) days’ written notice to the other party to terminate the Agreement at the end of the current term.

If the Agreement expires, cancelled or terminates for any reason, ControlVM is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, ControlVM will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to ControlVM under this Agreement.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ControlVM HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST ControlVM, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS ControlVM AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ControlVM’S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM ControlVM’S SERVER.

Disclaimer

ControlVM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ControlVM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ControlVM DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY ControlVM AND ITS EMPLOYEES. ControlVM RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME WITHOUT PRIOR NOTICE.

In no circumstance will ControlVM be liable for any claims resulting from the use or inability to use ControlVM’s services – including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to ControlVM servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters or act of God.

ALL SUB-NETWORKS, RESELLERS OF ControlVM MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.