Terms of Service

Agreement Between Swisspac Resources Sdn Bhd And All Customers

This document shall serve as an agreement between Swisspac Resources Sdn Bhd. ("we", "us", or "provider") and you as an end-user ("you", "user", or "customer"). This document shall constitute the entire agreement between Swisspac and you and while superseding any other prior agreements, govern your use of all Swisspac services. Activities Subject to Immediate Deactivation. Any Hosting Account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Any misuse or overuse of the server will result in immediate deactivation of an account. Illegal, Abusive or Unethical Activities include, but are not limited to inclusion of or linking to, pornography, mp3's, obscenity, nudity, violations of privacy, hacking, irc related scripts and programs, non approved server scripts, eggdrops, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Hosting Account is disabled, the regular fees still apply. Each individual hosting account is allowed 1 main domain name with all additional parked domain names pointing to the main site of the main domain, unless otherwise specified. Swisspac reserves the right to Cancel/Deactivate any account at any time for any reason. There will be no tolerance of any abuse of any of our support methods, which will result in immediate suspension.

Public Nature of Internet

Please understand that all information submitted on the Hosting Account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.

Unsolicited Electronic Mail / SPAMMING / MASS Mailing / Email Marketing

You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a RM 350 cleanup/network abuse fee. Swisspac servers are not to be used for the purpose of hosting scripts or images for data collection or any other purpose to reduce the load on another webhost, or for any other reason. Servers are not to be used for the hosting or serving of file downloads. Any site with traffic or disk usage consisting more than 33% of file downloads (non html traffic) may be suspended. Customers are not permitted to open connections to the server at a rate of more than 3,000,000 connections/month. Customers are not permitted to run scripts on their account with us, to monitor connections and statuses of other servers (gaming servers for example). Customers are not permitted to get multiple accounts with Swisspac , for the purpose of getting extra bandwidth only, to avoid bandwidth overage charges. Swisspac can and will terminate accounts of people using our servers not to host their domain but only scripts.

Domain Name Registrants' Responsibilities

Customer must comply with the terms and conditions posted by Registrar, including applicable policies from Registrar, the Registry and ICANN or MYNIC . Customer will assume sole responsibility for the registration and use of domain name. Customer must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes. Customer must check the expiry and date domain status in client/billing area to ensure the expiry correctly updated or service renewed. If any discrepancies or email notify the status of domain name form any Registrar, customer should inform Swisspac to verify the payment or domain name status correct or otherwise.

Guaranteed Uptime

The Swisspac Resources Sdn Bhd of computers, will have a guaranteed aggregate average uptime of 99.5% over the course of three months (90 days). This does not include scheduled downtime for maintenance on servers, which will be minimal, and necessary. This also doesn't include mass-network problems such as major backbone/upstream provider problems. Minimum server specifications are not guaranteed on all machines, however upon request any account will be moved to a server matching our current minimum server specifications.

Termination, Service Fees

All payments are due on time, without exception. Any failed charges on an invoice are subject to a RM 250 service fee. Accounts with any past due invoices are at risk of suspension and late fees. Any account suspended for more than a 30 day period are terminated without backup.

Cancellation

All cancellations need to be made in writing through our trouble ticket system Support Portal. In the event you cancel your service, you will be charged in full for the entire month in which you cancelled your service. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. In the event you have elected to prepay subsequent, additional months' Service Fees, we retain the right to charge you an administrative fee of 50% and deduct the administrative fee from the subsequent, future months' Service Fees before refunding them to you. There is a RM100 administrative fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.

30 Day Guarantee

New customers are eligible for a 30-Day Money Back Guarantee, applicable only to one product or service per account in a customer’s lifetime. If multiple products are purchased, the guarantee applies to one product selected by the customer. A customer who has multiple accounts is only eligible for a one-time Money Back Guarantee. Once the Money Back Guarantee is in processing, no changes can be made to switch the product for Money Back Guarantee.

Refunds from these guarantees are processed back to the original payment method for the first-time request. Depending on the payment method, a service handling fees and transaction fee will be deducted. The service handling fee is 10%. Customers can also choose to receive their refund in the form of a credit balance. The credit balance has no expiration date. If applicable, the domain name, server management fee, installation fee, service handling fee and other third-party licenses and products will be deducted from the refund amount. Subsequent eligible refunds are prorated and credited to the customer’s account balance, which has no expiration date.

Refund requests must be submitted to the Billing Department within the guarantee period—30 days or 120 days respectively—from service activation. Requests past these periods or sent through unapproved channels are invalid. Your refund request can only be processed by the Billing Department. Refund requests sent to another department or through channels that have not been approved by us are not valid. Your refund request will be denied if you do not submit a ticket to the Billing Department. Customers must provide the Billing Department with a reason for requesting a refund.

It may take up to 7 days to investigate and process refunds. The Billing Department will make the final decision and reserves the right to deny the customer’s refund request if necessary. PayPal disputes and other payment-related issues will render the customer’s refund request null and void. Customers who have previously utilized a money back guarantee are not eligible for another guarantees.

30-Day Money Back Guarantee Policy is only applicable for new customers who purchase hosting (Windows VPS, Linux VPS, cPanel VPS. Customers who purchased a Dedicated Server or a Domain are not eligible for a refund.

The 30 day guarantee covers cancellation of an account during the first 30 days of service, due to our inability to deliver satisfactory service. The customer will be refunded all hosting charges made to their credit card less any setup fees which are non-refundable. Refunds will not be given for any reason in the case of account non-use, misuse, or abuse. Refunds will not be given on domain registration fees. All inquiries regarding this guarantee should be directed to support@swisspac.com.my All transactions of refund will be done via bank transfers to the origin of the account where it came from initially.

Agreement

Swisspac Resources Sdn Bhd, MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You assume all risk and liability resulting from the use or functionality of the service, whether used solely or in combination with other goods and/or services. Swisspac Resources Sdn Bhd, neither assumes nor authorizes any person to assume any other liability in connection with the sale or use of the service. Swisspac Resources Sdn Bhd, will not be held liable in any capacity for any service failures including any acts or omissions related to data. In the event of data loss or a service interruption, Swisspac Resources Sdn Bhd, will not be held responsible and will have no liability. The entire agreement shall be governed by the laws of Malaysia and shall remain in full-force until service termination in writing as outlined. If any part of this agreement is found to be unenforceable or invalid in your area, you agree that the arbitrator shall enforce the provisions of this agreement by replacing them with an effective similar, legal provision with the effect intended with the original provision. Swisspac Resources Sdn Bhd, may update this agreement at any time without notice. Binding Arbitration - You agree that any and all disputes or claims against Swisspac Resources Sdn Bhd, or the Swisspac Resources Sdn Bhd, service will be handled by an arbitrator or our hiring and decisions rendered by such arbitrator will be final and binding. In the arbitrator rules in our favor, you will be responsible for any and all costs related to or associated with such arbitration. Swisspac Resources Solutions Sdn Bhd reserves the right to modify this agreement at any time.

Prohibited Activities

No Insecure Form Scripts (must use captcha)
No Open Webmail
IRC Egg Drops & IRC related programs.
Chat software i.e Flashchat or PHP based Chat Script
Proxy Scripts
Shell, SSH, Telnet Scripts
Scripts Using Flatfile Database i.e .txt db
No Download Mirrors or Farms
No Illegal MP3/4s/Movies download or Streaming and hotlinking
No Top Sites /Ranking Programs
No Free or Public Email Service
No URL Redirection and Mass Referral program
No Image Hosting
No Public Blog Hosting Service
No WAP Chat Sites
No Downloader Script i.e Rapid Leech or any kind.

VPS Hosting Fair Usage Policy (FUP)

CPU Resource allocated is to provide enough resource to overcome sudden application needs. VPS which using CPU resource at 100%(or a level which affects the other VPS on same server) for over 12 hours will be throttle down to a level where other VPS on the node will be able to share equally for the resource. Customer's are entitled to use what they have paid for. So long you are using within your paid resources if lag, you will need to monitor your system usage. You may contact Swisspac to assist you in finding out what cause the resource spike. We will request you to upgrade to resources in terms of RAM/vCPU/Bandwidth/dedicated server if your usage is intensive.

You are allocated a monthly bandwidth allowance unless stated unlimited. 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.

Fair Usage Policy (FUP) for Swisspac Unlimited Bandwidth VPS Package

Introduction: The Unmetered Bandwidth provided by Swisspac operates under a Fair Usage Policy (FUP) to ensure an optimal user experience for all customers.
Bandwidth Limits: While the bandwidth is unmetered, a Fair Usage Policy (FUP) limit up to 10TB. Once this limit is reached, the user’s internet speed will be automatically reduced.
Speed Reduction: After reaching the FUP limit, the internet speed will be reduced. The reduced speed will remain in effect until the plan’s expiration.
Data Restrictions: Beyond the reduced speed after reaching the FUP limit, there are no additional data restrictions.
This policy helps maintain a smooth and consistent experience for all users by preventing excessive network congestion.

Price Change Notice

We reserve the right to change the prices listed on our website at any time, as well as the amount of resources allocated to plans. Customers with contract pricing will not be affected by any price changes during the contract period.

Refund Policy

Accounts that have been cancelled or terminated are not eligible for a refund. Accounts suspended for TOS violations in which the customer chooses not to correct the violation are also included. Clients who use derogatory language toward staff members are not eligible for a refund or any waived fees. To prevent server abuse, any services associated with an account that has an Unauthorized PayPal Dispute case open will be suspended. Promotional item or when promotional code used, is not eligible for a refund. Customers who have requested and claimed one of the Money Back Guarantee options will not be entitled to more refund requests. When you create multiple accounts to get those “once per client” promotions, we will suspend your account without your prior notice and it is not eligible for refund. If you’ve had an account with us before, cancelled and signed up again, you will not be eligible for more refund. Miscellaneous fees such as domain name registration, server management fees, license fees, installation fees, service handling fees and payment gateway transaction fees will be deducted from the refund amount. The service handling fee is 10%. If your service included free software installation or other work, you will be required to pay the installation fee if a refund is requested. All free Domains are available for the duration of the Hosting Package listed. If a customer cancels at any time, we will require full payment for the domain’s first-year cost in order to retain ownership of the domain. Any refund requests will be reduced by the cost of the free domain. Only VPS Hosting customers (i.e. Forex VPS, Windows VPS, and Linux VPS) are eligible for a refund to credit balance. Customers are required to provide information about themselves. Refunds from these guarantees are processed back to the original payment method for the first-time request. Depending on the payment method, a service handling fee and transaction fee will be deducted. Customers can also choose to receive their refund in the form of a credit balance. The credit balance has no expiration date. If applicable, the domain name, server management fee, installation fee, service handling fee and other third-party licenses and products will be deducted from the refund amount. Amounts credited into the credit balance are unable to be withdrawn to the customer’s bank accounts or PayPal account. Customers who made payment after the service due date, refund will be credited in account’s credit balance which has no expiry date. All refund requests after the Money Back Guarantee will be refunded on a prorated basis which will be made to your credit balance. The credit balance has no expiration date. If you purchased an annual plan and requested for refund example after 30-day Money Back Guarantee, a refund will be calculated based on a prorated monthly plan and refunded to your account’s credit balance. If you terminate the service before the service due date, the refund amount will be based on the prorated period. This amount will be added to your credit balance. All credit refund requests must be submitted to the Billing Department for processing. Refund requests submitted to another department or via channels not approved by us will not be approved. All refund requests will be finalized by the Billing Department. They have the right to refuse refund requests at their own discretion. Investigating and processing of the Credit Refund will take up to 7 days. Charges that apply after the 7-day free trial ends are only eligible for a prorated refund based on the unused portion of your service period.

Uptime Guarantee

We will strive to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by our monitoring systems or our authorized/contracted outside monitoring services. If we fail to meet it’s 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. We do not credit a full month’s service for minor downtime. This would not be financially healthy for us, and in turn would only negatively affect the service level we provide to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, We may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one months service only, never more.

Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the our network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (ie…fire, flood, earthquake, tornado, etc…), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement Telco Failure, Backbone peering point issues, Scheduled maintenance for hardware/software upgrades Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). We utilize only name brand hardware of the highest quality and performance. Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime) DNS issues not within the direct control of our Network floods, hacks, attacks from outside parties or individuals Failure or error of any of our monitoring or measurement system Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of our service(s) in breach of our Policy and Service Guidelines by Client or others authorized by Client.

Intellectual Property Rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties.

Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. Customer are responsible for the content hosted in our server. Whatever there are outdated plugins, CMS, themes, template in result deface or causing your website out of shape is not under Swisspac care. Swisspac is here to ensure that our server is up and running all the time without touching the content of hosted contents. In the case you need our assistance to restore to yesterday's copy, early this week (Sunday) copy, Early this month copy 1st day of the month will be FOC. However we do not guaranty that the content is proper since our backup system will just do a snapshot as of the date of the backup execution.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of this Terms and Conditions shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute Resolution

The formation, interpretation, and performance of this Terms and conditions and any disputes arising out of it shall be governed by the substantive and procedural laws of Malaysia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Malaysia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Malaysia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

Changes and Amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Terms and Conditions (or such other act specified at that time) will constitute your consent to those changes.

Disclaimer

We will not be held liable for any losses incurred by your company. We provide no express or implied warranties about the services we provide. Any warranty of merchantability or fitness for a particular purpose is disclaimed by us. This includes data loss as a result of delays, no deliveries, incorrect deliveries, and any other service interruptions caused by us or our employees.

– No Liabilities on Trading Profit Losses: We assume no liability for any trading profit losses resulting from downtime, low latency or any causes whatsoever. Profit losses are part of the risks while customers partake in any trading activities, including but not limited to, Forex trading and cryptocurrency trading.

– No Liabilities on Losses Due to Hacks, Fraud, 3rd Party Invasion or Malware: We assumes no liability for any losses incurred to customers due to hacks, fraud, 3rd party invasion or malware from your cryptocurrency wallets (hot/cold). Swisspac Resources Sdn Bhd does not hold any customers’ login usernames and passwords, or other login information required to directly or indirectly access your accounts.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. We reserve the right to revise our policies at any time without notice. The use of services from Swisspac Resources Sdn Bhd constitutes agreement to these terms.