The use of services from VPS Malaysia hereafter referred to as “VPS Malaysia” constitutes agreement to these terms. You may view our Terms of Services here.
1. Account Setup
After we have received first payment and our payment partners has screened the order incase of fraud. It will be your responsibility to provide us with an email address which is not at the domain you are signing up with. If there ever is an abuse related issue, we will need to contact you. The primary email address on file will be used for this purpose. It will be your responsibility to ensure that the email address on file is currently up to date at all times.
2. Free Product Addons Agreement
- Clients that have failed to add any free product addon to their order(s), do not qualify for a free product addon. This mean any requests for a free product addon, will be declined.
- Free product addons may not be resold.
All services provided by VPSMalaysia.com.my is to be used for lawful purposes. This includes, but not limited to: copyrighted material, material we may judge to be threatening or obscene. You the customer agree to indemnify and hold harmless VPSMalaysia.com.my from any claims resulting from the use of our services. We will suspended your VPS immediately if we receive any complaint or found out you are running service below:
Examples of unacceptable material on all Shared, Reseller and VPS servers.
- Phishing Site
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- IRC Scripts/Bots
- Pirated Software/Warez
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
4. Payment Information
You agree to supply appropriate payment for the services received from VPSMalaysia.com.my, in advance of the time period during which such services are provided. You agree that until and unless you notify VPSMalaysia.com.my of your desire to cancel any or all services received, those services will be billed on a recurring basis. VPSMalaysia.com.my reserves the right to change the monthly payment amount and any other charges at anytime, but current customer will not be affected.
5. Account Suspension and Termination
- Suspend Days 3 Days (The number of days after the due payment date)
- Termination Days 7 Days (The number of days after the due payment date)
- Add Late Fee Days 7 Days (The number of days after the due payment date)
*Cancellation Requests are executed on daily cron job, please report to us immediately if you want to revoke your cancellation request.
6. Backups and Data Loss
The use of our service is to be used at your own sole risk. VPSMalaysia.com.my is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on VPSMalaysia.com.my servers.
VPSMalaysia.com.my reserves the right to cancel your account at any time if you are found violating the rules or abusing the server. If your account found abusing the server and is suspended, we will need to charge a RM50 for reactivation.
You may cancel your services at any time. VPSMalaysia.com.my gives you an unconditional up to 30-day money back guarantee on Cloud VPS Hosting exclude Web Hosting, Reseller Hosting and Dedicated Server. Payment made for domain registration will not be refunded, domain name can be transferred to client. If your service did incurred any license fee (Windows License, cPanel, etc.), it will not be refundable and will be billed for monthly basis.
- 30 days for quarterly, semi-annually, annually, biennually, trinually billing cycle.
- 7 days for monthly billing cycle.
8. PayPal Subscription
PayPal subscription is a preapproved payment agreement, such as recurring payments, subscriptions, automatic billing.
You must have to cancel any PayPal subscription related to the cancelled service. The PayPal Subscription is your responsibility to maintain and delete if you don’t want it in your PayPal account. We are not responsible for your subscriptions in your PayPal account.
If you neglect to cancel your PayPal subscription, PayPal will continue to send VPS Malaysia automatic payments on your behalf. We take no responsibility for this and will not provide refunds on mistakes. Excess payment will be credited into your account’s credit balance which has no expiry date and you may use it anytime you wish.
9. Refund Policy
- Accounts with open Paypal disputes, do not qualify for the refund and any waived fees, and we will charge a RM50 for the chargeback cost.
- Any services under an account with Unauthorized PayPal Dispute case opened would be suspended to avoid server abuse.
- Clients using foul language towards staff members, do not qualify for the refund and any waived fees.
- Accounts cancelled/terminated by VPSMalaysia.com.my do not qualify for the refund. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation.
- Only first time accounts are eligible for a refund. If you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund.
- If your service included software installation or any work involved for free, if a refund requested, you will have to pay for installation fee.
- Promotional item or when promotional code used, is not eligible for a refund.
- When you create multiple account to get those “once per client” promotion, we will suspended your account without your prior notice and it is not eligible for a refund.
- All free Domains are available for the life of the listed Hosting Package. If a customer cancels at anytime, VPSMalaysia.com.my will require full payment for the cost of the domain of the first year to retain ownership of the domain. Any refund requests will automatically minus the cost of the free domain.
- All credit refund request must be submitted to the Billing Department for processing. Refund requests submitted to another department or via channels not approved by VPS Malaysia will not be approved. Submit a ticket issued by the Billing Department to have your refund request approved.
- All refund requests will be finalized by the Billing Department. They have the right to refuse refund requests at their own discretion.
- Refunds are only given in the form of customer credit balance. The credit balance has no expiration date.
- Customers are required to state their reason and provide feedback before their request for refund is processed.
- Miscellaneous fees like domain name, server management fee, license fee, and installation fee will be withheld from the refund amount.
- Customers who has requested and claimed the 30-day Money Back Guarantee will not be entitled to more refund requests.
- Customers who made payment after the service due date, refund will be credited in account’s credit balance which has no expiry date.
- Only VPS Hosting (i.e. Forex VPS, Windows VPS, Linux VPS) customers can avail a refund.
- All refund requests after the 30 days, will be refunded on a prorated basis which will be made to your credit balance.
- If you terminate the service before the due date, the refund amount will be based on the prorated period. This amount will be added to your credit balance.
- Investigating and processing of the Credit Refund will take up to 7 days.
10. 30-Day Money Back Guarantee Policy
- The Money Back Guarantee is only applicable to new customers that signs up for a new product or service.
- A customer is only allowed to use the Money Back Guarantee to one product or service. If a customer signs up for more than one product or service, the guarantee will only be applied to one of them.
- Once the Money Back Guarantee is approved, the money will be refunded through a Malaysian Bank Account or PayPal. Transaction fee will be deducted depending on the payment option. Customers can also choose to receive the refund as a credit balance. There is no expiration date for the credit balance.
- Domain name, license fee, server management fee, and installation fee, if any, will be deducted from the refund amount.
- Request for refund must be submitted to the Billing Department within 30 days of activating the service within 7 days or after the 30-day period. Requests submitted after the stated time will not be approved.
- Refund requests submitted to another department or via channels not approved by VPS Malaysia is not valid. Only the Billing Department can process your refund request. If you fail to submit a ticket issued by the Billing Department, your refund request will be rejected.
- Customers are required to tell their reason for requesting a refund to the Billing Department.
- Investigating and processing the customer’s refund request may take up to 7 days. The Billing Department will finalize the decision and has the right to refuse the customer’s refund request when necessary.
- PayPal disputes and other payment-related issues will invalidate the customer’s refund request.
- Customers who have requested and received refund will no longer be allowed to make another refund request.
- Only VPS Hosting (i.e. Forex VPS, Windows VPS, Linux VPS) customers are eligible for the 30-day Money Back Guarantee. Customers of Web Hosting, Reseller Hosting, and other dedicated servers can’t apply for the refund.
11. Resource Usage
Shared and Reseller Hosting
You may not initiate the following Suspensions as these may be made without prior notice.
- Run any process that requires more than 64Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time. This is purely at the system administrators descretion. Resellers users cannot run any process that requires more than 10% of all available system resources at any time.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bittorrent application, tracker, or client.
- Participate in any file-sharing/peer-to-peer activities
- Bandwidth Usage
- We offer unlimited addon domain, please take note that no free domain is allow on addon domain.
VPS Hosting Fair Usage Policy
- 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. (Before throttle down your CPU power, we will try to migrate to a less usage server.)
- The reason we apply this FUP is to ensure performance for every customer.
- We will request you to upgrade to dedicated server if your usage is intensive.
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.
12. Price Change
VPSMalaysia.com.my reserve the right to change our prices listed on VPSMalaysia.com.my, and the right to change the amount of resources given to plans at any time. Contract pricing customers will not be affected by any price change throughout the contract period.
Customer agrees that it shall defend, indemnify, save and hold VPSMalaysia.com.my harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against VPSMalaysia.com.my, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless VPSMalaysia.com.my against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with VPSMalaysia.com.my; (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 customers from VPSMalaysia.com.my’s server.
14. Uptime Guarantee
VPS Malaysia 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 VPS Malaysia monitoring systems or VPS Malaysia authorized/contracted outside monitoring services. If VPS Malaysia fails 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. VPS Malaysia does not credit a full month’s service for minor downtime. This would not be financially healthy for VPS Malaysia, and in turn would only negatively affect the service level VPS Malaysia provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, VPS Malaysia 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 VPS Malaysia 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). VPS Malaysia utilizes only name brand hardware of the highest quality and performance. Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime) DNS issues not within the direct control of VPS Malaysia Network floods, hacks, attacks from outside parties or individuals Failure or error of any VPS Malaysia monitoring or measurement system Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of VPS Malaysia service(s) in breach of VPS Malaysia Policy and Service Guidelines (AUP), by Client or others authorized by Client.
VPSMalaysia.com.my will not be responsible for any damages your business may suffer. VPSMalaysia.com.my makes no warranties of any kind, expressed or implied for services we provide. VPSMalaysia.com.my disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by VPSMalaysia.com.my and its employees.
16. Changes to the TOS