Service Agreement

THIS AGREEMENT defines the terms and conditions between Isage Communications Pte. Ltd. (Company Registration No. 200408345M), a company incorporated in Singapore and having a principal place of business address at 1014 Geylang East Ave 3, #02-202, Singapore 389729 (“ISAGE”) and The Party whose name and particulars are stated in “Online Order”, “Fax Order” and/or “Email Order” hereto (“Customer”) for the provision of web hosting services and related products and services to the Customer.

In providing this website and allowing for related hyperlinks, ISAGE makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the contents of this website. Additionally, consent from ISAGE for a particular site to hyperlink to this website does not amount to an endorsement from ISAGE of any product or service connected to the site.

 

PURPOSE OF AGREEMENT

Isage Communications Pte Ltd provides Internet Cloud Services. ISAGE desires to provide Services to the Customer, and the Customer desires to receive and compensate ISAGE  for such Services.

 

DURATION

The term of this agreement is for the Minimum Term of 12-month and shall automatically renew yearly thereafter unless either party notifies the other in writing by FAX (only) at least one (1) Month prior to the end of the current term, of their intention not to renew this Agreement.

 

SERVICE ORDERS

Service Orders. The provisions of Services shall be initiated by this Agreement issued by the Customer describing the service plan and cost. Each Agreement will contain the prices, initial terms of Services and other information designated in the Service Order form. The Customer shall use the then current version of the Agreement as designated by ISAGE. No Agreement shall be effective until accepted by ISAGE. The terms of this Agreement shall control Services to the Customer.

  1. Termination. All contract terms are based on a 12-month unless otherwise stated in the Server Order. The Customer may terminate any Agreement by giving ISAGE at least thirty (30) days written notice by fax (only) prior to the end of the Contract Term when the Customer desires Services to cease. If the Customer decided to terminate the Server Order before the contract term, all amounts due from the Customer remaining contract terms for the account to which the Agreement relates must be paid in order for the Customer to terminate an Agreement. ISAGE may terminate any Agreement by giving at least ninety (90) days prior written notice by post of the date of termination of Services.
  2. Maintenance. From time to time, ISAGE may conduct routine tests, maintenance, upgrade or repair on any part of the System, and ISAGE shall give the Customer prior notice thereof. The Customer acknowledges that there may be instances where it is not practicable for ISAGE to give advance notice of a disruption, for example, in the event of an emergency, and ISAGE shall be entitled to disrupt the Services to conduct restoration and remedial works without prior notice.
  3. Control Rights. The Customer, and not ISAGE, has the sole and exclusive control over the Data. The Customer acknowledges and ASPRIT agrees that in the provision of the Services hereunder ISAGE is not provided, either directly or indirectly, with access to the Data that would allow ASPRIT to exercise any control over it. ISAGE accepts no responsibility for the Data passing through the System.

SERVICE INTERRUPTIONS

ISAGE shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of 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 Services.

 

CUSTOMER CONTENT AND RESPONSIBILITIES

The Customer is solely responsible for the content of any postings, data or transmissions using the Services (the “Content”), or any other use of the Services by the Customer or by any person entity the Customer permits to access the Services (a “User”). The Customer represents and warrants that neither it nor any User will use the services for unlawful purposes (including, without limitation, infringement of copyright or trademark, misappropriation of trade secrets, wire fraud, invasion of privacy, illegal pornography, obscenity, defamation, and illegal use, transportation or sale of tobacco, controlled substances and firearms), or to interfere with, or disrupt, other network users, network services, or network equipment. Disruptions include, without limitation, distribution of unsolicited advertising or chain letters, repeated harassment of other network users, wrongly impersonating another user, falsifying one’s network identity for improper or illegal purposes, sending unsolicited mass e-mailings, propagation of computer viruses, using the network to make unauthorized entry to any other machine accessible location, via the network, and distributing of tools designed for compromising security (i.e. including, but not limited to, password guessing programs, cracking tools or network probing tools). ISAGE may suspend or terminate the Services immediately, without prior notice to the Customer, if ISAGE believes, in good faith, that the Customer or a User is utilizing the Services for any such illegal or disruptive purpose. The Customer shall defend, indemnify, and hold harmless ISAGE from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including reasonable attorneys’ fees and litigation expenses) arising out of or relating to any and all claims by any person relating to use of the Services, including, but not limited to, use of the Services without consent of the Customer.

 

PRICING AND PAYMENT TERMS

Service Orders. The provisions of Services shall be initiated by this Agreement issued by the Customer describing the service plan and cost. Each Agreement will contain the prices, initial terms of Services and other information designated in the Service Order form. The Customer shall use the then current version of the Agreement as designated by ISAGE. No Agreement shall be effective until accepted by ISAGE. The terms of this Agreement shall control Services to the Customer.

  1. Termination. All contract terms are based on a 12-month unless otherwise stated in the Server Order. The Customer may terminate any Agreement by giving ISAGE at least thirty (30) days written notice by fax (only) prior to the end of the Contract Term when the Customer desires Services to cease. If the Customer decided to terminate the Server Order before the contract term, all amounts due from the Customer remaining contract terms for the account to which the Agreement relates must be paid in order for the Customer to terminate an Agreement. ISAGE may terminate any Agreement by giving at least ninety (90) days prior written notice by post of the date of termination of Services.
  2. Maintenance. From time to time, ISAGE may conduct routine tests, maintenance, upgrade or repair on any part of the System, and ISAGE shall give the Customer prior notice thereof. The Customer acknowledges that there may be instances where it is not practicable for ISAGE to give advance notice of a disruption, for example, in the event of an emergency, and ISAGE shall be entitled to disrupt the Services to conduct restoration and remedial works without prior notice.
  3. Control Rights. The Customer, and not ASPRIT, has the sole and exclusive control over the Data. The Customer acknowledges and ISAGE agrees that in the provision of the Services hereunder ISAGE is not provided, either directly or indirectly, with access to the Data that would allow ISAGE to exercise any control over it. ISAGE accepts no responsibility for the Data passing through the System.

 

MAINTENANCE AND SUPPORT

  1. Ordering Maintenance and Support Services. ISAGE shall provide the Customer with maintenance and support services for the Hardware or Software, if such services are specified in the Agreement.
  2. Exclusions. Maintenance and support services shall not include services for problems arising out of (a) tampering, modification, alteration, or addition to the Hardware or Software, which is undertaken by persons other than ISAGE or its authorized representatives; or (b) programs or hardware supplied by the Customer.
  3. The Customer’s Duties. The Customer shall appoint at least 1 representative that all account information is sending to. This is to prevent any attempts of password-thief or any hacker attack against the Customer.
  4. Passwords. Each ISAGE Customer is responsible for his or her passwords. Generally, secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or part, in normal or reverse order, in any dictionary of words or names in any language. The Customer is responsible for changing his or her password regularly.
  5. Lost Password: ISAGE do not provide login and password over the phone. All lost password must be requested by Email or FAX

TERM AND TERMINATION

  1. Term. The term of this Agreement shall commence on the Effective Date and continue until terminated in accordance with this Agreement. The term of an Agreement shall be as indicated therein. The term of an Agreement shall automatically renew unless either party provides the other with written notice of termination at least thirty (30) days prior to the renewal date as established by the Contract Term reflected in the Agreement.
  2. Termination Upon Default. ISAGE may immediately terminate this Agreement and any or all Agreement s, within its sole discretion, if the Customer fails to pay (and ISAGE has not actually received) any amounts due within sixty (60) days after the due date. For other breaches of this Agreement, either party may terminate this Agreement, and Agreement, as applicable, if the breaching party fails to correct the default within thirty (30) days after the written notice.
  3. Effect of Termination. Notwithstanding termination of this Agreement and Agreement, ISAGE shall be entitled to full contract payment of all amounts that may be due to it from the Customer. No refund will be provided for pre-paid customers unless otherwise arranged.

CONFIDENTIAL INFORMATION

Confidential Information shall mean all information identified by a party (“Disclosing Party”) to the other party (“Receiving Party”), which, if in writing labeled as confidential, or if disclosed orally, is reduced to writing within fifteen (15) days, and labeled as confidential. Confidential Information shall remain the sole property of the Disclosing Party. Except for the specific rights granted by this Agreement, the Receiving Party shall not use any Confidential Information of Disclosing Party for its own benefit or for the benefit of others. Receiving Party shall not disclose Confidential Information to any third party without written consent of Disclosing Party (except to consultants who are bound by a written agreement with Receiving Party to maintain confidentiality). Confidential Information shall exclude information (i) available to the public other than by a breach of this Agreement; (ii) rightfully received from a third party not in breach of an obligation of confidentiality; (iii) independently developed by Receiving Party without access to Confidential Information; (iv) known to Receiving Party at the time of disclosure; or (v) produced in compliance with a court order. Receiving Party shall give reasonable notice to Disclosing Party that Confidential Information is being sought by a third person, so as to afford the opportunity to limit or prevent such disclosure. Receiving Party agrees to cease using all Confidential Information, and to promptly return such Confidential Information to Disclosing Party upon request. Notwithstanding the foregoing, the Customer consents to ASPRIT’s disclosure of account information to credit reporting agencies, credit bureaus, private credit reporting associations, or to other providers of communications services.

 

LIMITATION OF LIABILITY

ISAGE’s liability (including, for purposed of this paragraph only, and of its employees, agents, or representatives), to the Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Agreement or the provision of any Services under Agreement (including, without limitation, maintenance and support) shall be limited to the amount of fees paid by the Customer to ISAGE under this Agreement within one year preceding the date the Customer contends its claim arose. In no event shall ISAGE be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if ISAGE has been advised of, or is aware of, the possibility of such damages.

 

DISCLAIMER OF WARRANTIES

ASPRIT specifically disclaims all implies warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by ISAGE, or information on ISAGE’s company web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guaranty of performance, or contractual obligations.

 

MISCELLANEOUS

  1. Independent Contractor. The relationship of ISAGE and the Customer under this Agreement is that of independent contractors and not partners, joint ventures, or co-owners as participants.
  2. Notices. Any notice hereunder shall be in writing and shall be given by registered or express mail, or reliable courier addressed to the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid. Either party may change its address for notice by means of notice to the other party given in accordance with this Section.
  3. Assignment. The Customer may not assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be void and a default of this Agreement.
  4. Advertising. ISAGE may include the Customer’s name and contact information in directories of ISAGE service subscribers for the purpose of promoting the use of the Services by the Customer s generally. ISAGE will not use the Customer’s name or other identifying information in any other advertising or promotional materials, without the prior written consent of the Customer, which may not be unreasonably withheld.
  5. Indemnification. The Customer shall defend, indemnify, and hold harmless ISAGE from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including reasonable attorneys’ fees and litigation expenses) arising out of or relating to any breach of this Agreement or Agreement by the Customer. The Customer and ISAGE will promptly notify each other upon receipt of any third party claim or legal action arising out of or relating to this Agreement or Agreement.
  6. Entire Agreement and Waiver. This Agreement and the Agreement constitute the entire agreement between ISAGE and the Customer with respect to the subject matter hereof. All prior agreements, representations, and statements with respect to such subject matter are superseded. Any failure of either party to exercise or enforce its rights under this Agreement or Agreement shall not act as a waiver of subsequent breaches. Non-Solicitation. During the term of this Agreement and for a period of one (1) year thereafter, the Customer shall not solicit or hire the services of any employee or subcontractor of ISAGE without the prior written consent of ISAGE.
  7. Release of Information. ISAGE reserves the right to release the contact information of the Customer s involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. ISAGE will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.