Terms of Service
By using our Services, you are agreeing to these terms. Please read them carefully.
1. AGREEMENT OVERVIEW
Cloudspace under the legal business entity Bitforge Sdn. Bhd. and its technology partner Saint Systems Sdn. Bhd. including all its affiliates, divisions and contractors welcome you to Cloudspace hereinafter referred to as the “Website”. These Cloudspace Terms of Service (the “Agreement”) govern your use of the Website and the services, features, content or applications operated by Cloudspace (together with the Website, the “Services”), and provided to the Subscriber (the “Subscriber”, “user”, “sub-user”, “you” or “your”).
These Terms govern your access to and the use of Cloudspace Website as well as all content, products and services available at or through the Website (collectively, “Services”). By using our Services you agree and are subject to all of terms and conditions contained herein.
2. DEFINITIONS AND REFERENCES
The following Service Provider(s) and Customer(s) will be used as the basis of the Agreement and represent the primary stakeholders associated with this SLA:
- Service Provider(s): Cloudspace (a brand of Bitforge Sdn. Bhd. (“Service Provider”)
- Service(s): Website, content, equipment, hosted services and support services
- Subscriber(s): Individual or entity subscribing for the Service(s).
- Contact Term: Duration of service with a Start and End date.
- Reseller: A Subscriber who purchases and resell Cloudspace Services.
- End User: A user who is not a direct Subscriber of Cloudspace but uses the service through a Subscriber or Reseller.
3.1. To sign up for the Services, you must register for an account on the Website (an “Account”). You are legally required to provide accurate and complete information and to take all necessary steps to keep your Account information accurate and up to date at all times. You shall not:
- select or use as a username a name of another person with the intent to impersonate that person;
- use as a username a name subject to any rights of a person other than you without appropriate authorization; or
- use, as a username, a name that is otherwise offensive, vulgar or obscene.
3.2. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure.
3.3. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account.
3.4. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. You agree to provide accurate information in your registration and not to share your password with third parties.
3.5. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify Cloudspace promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password.
3.6. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the Website. Cloudspace will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
4.1. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the respective quotation and ‘Statement of Works’ (SOW), including any specification in all respects. We reserve the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement and we will notify you if this is necessary.
4.2. In the event that Cloudspace is unable to deliver its obligations for the Service subscribed, we will provide a full refund of the Service Charges for the remaining Contract Term (limited to the Service Charge already paid) to the Subscriber minus any costs which may have been incurred in the provisioning of such Services.
4.3. Cloudspace guarantees a 99% Network Uptime and a 98% Service Uptime during any calendar month. Scheduled maintenance windows are not covered as part of the uptime guarantee. Subscribers will be notified for any and all scheduled maintenance windows (MWs) and Cloudspace will make best efforts to ensure that MWs occur only out of hours (1.00am to 5.00am).
4.4. In the event that an email, web or server hosting Service is unavailable for more than 24 hours, Cloudspace will provide a refund in the form of a credit to the Subscriber in the following billing cycle. The refund will not exceed the full amount of the Service Charge. Please see below for the refund percentage.
4.5. Cloudspace will not provide a refund for Service unavailability due to issues beyond its control including issues caused by a third party software and or provider. These may include but by no means limited to the following scenarios:
- Network outage caused by changes by a third party Internet service provider.
- Network outage caused by a failure in the underlying infrastructure used to deliver the Service which may include cabling, power and or equipment failure.
- Network outage caused by a denial of service (DoS) attack on our Service or the service of our third party Connectivity providers.
- Routing or DNS issues outside the control of Cloudspace.
- Email deliverability issues due to issues outside the control of Cloudspace.
- Unavailability of service due to outages outside of Cloudspace’s network or on the Subscriber’s network.
- Outages caused by direct or indirect action by the Subscriber on their Service which is beyond the control of Cloudspace. These may include but not limited to using software, scripts or third party code that has not been verified, failure to update servers and or websites and allowing unauthorized access to the Service.
- Cloudspace is not liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our control. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
4.6. n the will Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.
4.7. Service Availability
Coverage parameters specific to the service(s) covered in this Agreement are as follows:
- Telephone support:
- Available 24 hours x 7 days for critical issues that is causing a complete service outage
- Available during business hours 9am – 6pm for moderate issues
- A support number will be provided for support and best efforts will be made to answer / action the call.
- Email support:
- Monitored 9:00 A.M. to 6:00 P.M. (GMT +8) Monday – Friday
- Emails received outside of business hours will be collected, however no action can be guaranteed until the next working day
- Onsite recovery response guaranteed within 4 hours of incident report to Service Provider. Onsite recovery response is only for critical issues.
4.8. Service Requests
In support of services outlined in this Agreement, the Service Provider will respond to service related incidents and/or requests submitted by the Customer within the following time frames:
- 0-4 hours for issues classified as Critical priority (issue causing a complete service outage).
- Next day response for issues classified as Moderate priority (issue not causing a service outage but could negatively impact quality of service).
- Next business day response for issues classified as Low priority.
Remote assistance will be provided in-line with the above timescales dependent on the priority of the support request.
5.1. Internet Connectivity.
Cloudspace may require an Internet connection from a third-party provider in order to use our Services and features. The Subscriber is responsible to procure the required Internet connectivity from a third service provider. Your Internet connection is subject to fees, restrictions, terms and limitations imposed by your provider.
5.2. In the event that the Subscriber is unable to access a Cloudspace Service or feature, we will not be responsible for the unavailability and the Subscriber may not make any claim for damage, loss or missed opportunity.
5.3. At the request of the Subscriber we may make a recommendation for a suitable Internet service provider based on information available to us. We will however not be held liable for the quality of service from the third party provider or how it may affect your experience with our Service.
6.1. The agreement commences on the date of service activation and terminates on the end date as defined in your order confirmation.
6.2. If neither you nor we cancel the agreement in writing at the end of the fixed period contract, we will automatically renew the contract at the end of the “Contract Term”).
6.3. If we will not continue to provide the service to you at the end of the contract term or if we wish to change the terms of the agreement, including charges, we will inform you of this at least 30 days before the end of the contract term.
6.4. Minimum Contract Period
- The minimum contract term is 12 months unless otherwise specified in the Service description. The minimum Contract Term commences when the service is activated.
- If during the minimum contract term, you decide to cancel the service then you will need to pay us based on the following conditions:
- If the remaining number of months in your contract with us exceed 3 months you will need to pay us 3 months charges calculated from the date of termination.
- If the remaining number of months in your contract is less than 3 months than you will need to pay us for the remaining number of months.
- If we cancel the service because of your non-payment of our service charges for longer than 30 days, you may be liable to pay us 2 months charges in addition to any outstanding charges.
7.1. Cloudspace will from time to time may launch new services and marketing campaigns to promote its new and existing services. Discounts and other incentives available during the marketing campaigns will only be applicable to new subscribers.
7.2. Renewal promotions for existing Subscribers will be delivered by email and added to the Subscriber’s account.
7.3. Discounts and other incentives cannot be redeemed for cash.
7.4. A discount coupon may only be redeemed once per subscriber per service unless otherwise stated in the promotional material.
7.5. Cloudspace reserves the right to terminate any promotions, discounts and incentives without notice at its discretion.
8.1. For all online services subscribed via the Cloudspace site, you shall be responsible to pay all service charges, licensing fees and applicable taxes for the Services, Licenses, equipment and add-ons based on your order. Unless otherwise specified you as the subscribers will be required to ensure that the amount due for the above service charges and fees are paid before service commences.
8.2. For Cloudspace (previously branded as “Bitforge”) managed services you agree to ensure that monthly payments are paid within the first 14 days of the month either via online payment using the Cloudspace site or by bank transfer. You accept all responsibility to ensure that the payment is cleared and received by us before the due date.
8.3. Cloudspace may impose additional charges for service requests that is outside the scope of the Subscriber’ subscribed Service. Charges may be for the additional effort required to fulfill the request and or may include additional hours including out of hours’ support. Cloudspace support engineer will advise the Subscriber on the service charges to be incurred and the Subscriber is required to confirm acceptance of the additional charges before the request can be worked on.
8.4. A One-Time Charge maybe applicable for the provisioning of services and or any requests that is not covered as part of the deliverables of a Service which the Subsriber has ordered. Cloudspace may at its discretion waive the One-Time Charge as part of a promotion or as part of a bulk order.
8.5. A 1% per annum late payment charge calculated daily for invoices exceeding 14 days from the date of invoice may be applicable for late payments. Late payment fees will to accrue until all outstanding amounts are settled in full.
8.6. In the event that payment is not received as per clause 8.4.2 within 14 days from the date of invoice, we may send up to three (3) email notifications and or reminders within a fourteen (14) day period before suspending the account for non-payment. We reserve the right to suspend your service until all payments due to us are settled immediately. Late payment as per clause 8.4.3 will continue to be applied during the suspension.
8.7. If no payment is received within 30 days of service suspension, we reserve the right to terminate this contract with notice. You will pay to us all outstanding amounts due to us including any and all expenses incurred for the collection of the outstanding amount due to us as applicable under this agreement. You shall also be liable for any legal fees incurred in us exercising our rights under this agreement.
8.8. You are required to ensure that your billing information is accurate and up to date at all times. You will need to ensure that any changes of your billing information is update immediately including billing contact name, address and credit card details. If you fail to maintain your billing account with the most up to date information you agree that we may continue to charge you for any and all use of paid services under your billing account unless otherwise terminated by you in writing.
8.9. Subscriber is responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to Subscriber’s purchase of the Services, including but not limited to national, state or local sales taxes, service taxes and goods and services taxes (GST) (collectively, “Taxes”). If at any point any there are changes to national, state or local tax laws, those laws including any applicable taxes will be applicable to Subscriber’s services and we will collect those taxes as required.
8.10. Receipts for payment will be issued by us only at your request.
9.1. Cloudspace accepts major credit cards, debit cards, and Paypal payments. Subscribers who choose to pay with PayPal will be strictly limited to a single Cloudspace Account per PayPal account. Virtual credit cards and gift cards typically will not be accepted. Other forms of payment may be arranged by contacting Cloudspace at email@example.com. Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement.
9.2. All payments made through the Cloudspace portal is processed by third-party payment processors. Payments processed by the third-party payment processors may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors.
9.3. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then is required for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We hereby reserve the right to correct any errors or mistakes that it makes even if it has already been requested or received payment.
10.1. Cloudspace will guarantee support based on the Service subscribed to as described in the Service specification. We will ensure that every step is taken in the provision of support and all issues related to the Subscribers’ use of our Service is resolved.
10.2. We reserve the right to refuse a request for Support at our sole discretion and will not be liable for any damage or loss as a result.
10.3. For any support requests that is beyond Cloudspace standard Support operation hours we reserve the right to charge the Subscriber for the additional hours required to resolve the request. The support engineer will advise the Subscriber on the charges involved and in the event that the Subscriber declines such charges then the request for support will be resumed during the next business day during Support operation hours.
10.4. For any support requests that is beyond the Support defined in the Service specification we reserve the right to charge the Subscriber for the additional effort required to resolve the request. The support engineer will advise the Subscriber on the charges involved and in the event that the Subscriber declines such charges then the request will be closed.
10.5. Cloudspace does not provide support for software and hardware provided by a third party vendor and or service provider. Where the Subscriber requests for a third party software or hardware to be provided, it is the Subscriber’s responsibility to obtain the support directly from the third party. Cloudspace will not be liable for any damage, loss or missed opportunity due to the use of third party software or hardware. Cloudspace will not provide any warranties either expressed or implied for such offerings.
10.6. Where the Subscriber is providing a service to a third party (referred to as an “End User”) using Cloudspace Services, the Subscriber is responsible to provide support to the End User. Cloudspace will not entertain any support requests from third parties who do not have an active Contract with Cloudspace.
11.1. As part of its Service delivery Cloudspace may include the necessary licenses for software or third party subscriptions that may run on a Virtual Private Server or hosted website. The licenses provided are exclusively for the use of the Service provided by Cloudspace and is limited for the duration of the Contract Term.
11.2. Copyright and ownership of the software licenses and third party subscriptions remain the sole property of their respective license holders and third party providers and will not be transferable.
11.3. Cloudspace reserves the right to terminate the Service and remove the licenses at its discretion or at the request of the license holder if the Subscriber violates the licenses’ terms as determined by the license holder or third party provider.
12.1. Cloudspace reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Cloudspace will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website.
12.2. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services and notify us in writing.
13.1. We will comply with the national Data Protection Act 2010 (PDPA 2010). This policy governs the information we collect on you, how we use it and your rights to access it. You consent to us to collect and disclose any information which is required to deliver the service which you are signing up for.
13.2. We will not share any personally identifiable information from you, your staff or affiliates to any third party.
13.3. We will not directly access and read any data stored by you on our servers without first contacting you.
13.4. Our access to your data will strictly be limited to tasks which is required for the provisioning of services to you, this may include, copying, backing up and or replicating the data within boundaries of the service which you have signed up for.
14.1. You agree to use the service provided in accordance with national, state and local laws and privacy protection policies.
14.2. We will not be responsible for any breach of laws as a result of your usage of the service. If an act by you or any of your staff through the use of our service is against the law, then we will comply with the relevant authorities if and when required as per the law.
14.3. The service is provided to you on the basis that it is used for approved business purposes only. You agree to comply to the following terms of service:
- not use the service in any manner involving illegal, malicious, deceptive or misleading activity;
- not breach any standards, content requirements or codes set out by any relevant authority or industry body;
- not use the service in any way which interferes with the operations of the service network, anyone else’s enjoyment of their service or which upsets or offends any person;
- not use the service for in any way to either distribute or resell the service without our written permission;
- obey all laws, regulations, guidelines and our reasonable instructions concerning your use of the service;
- give us all information and cooperation that we may need in relation to the service;
14.4. You must not use the service in a way or post to or transmit to or via the service any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other customer from using or enjoying the service.
14.5. You must not use the service to send unsolicited electronic mail messages to anyone. You must not attempt any of these acts or permit another person to do any of these acts.
14.6. We will monitor the network as required and advice on any issues and improvements needed periodically.
14.7. We will not be liable for any service interruptions as result of misuse of the service provided to you.
14.8. If we detect any unlawful or malicious activity originating from your use of our service, we reserve the right to notify you of the details of the activity and will temporarily suspend our service to you until correction action is taken by you.
15.1. Subscribers agree to not use hosted email Service provided by Cloudspace to send bulk email unless otherwise subscribed to by the intended recipient(s). For authorized bulk email the Subscriber is required to maintain a list of subscribed members including all relevant contact information. Each bulk email must contain information for un-subscribing from such a list.
15.2. Subscribers shall comply with all laws regarding the sending of commercial electronic messages or other marketing or electronic communications. Subscribers are forbidden from taking any action that would result in their IP addresses, or any IP address associated with Cloudspace or other Subscribers, being placed on any or all Real-Time Blacklists (RBL) listed in Symantec and MXToolbox.com. Cloudspace reserves the right to determine whether an email violation has occurred and to take appropriate corrective action including suspending a Subscriber’s Service if required.
16.1. Subscribers are solely responsible to ensure that their data is backed up at all times including data covered with Cloudspace backup Service.
16.2. Cloudspace will take all necessary steps as an attempt to ensure that backup of Subscriber data is available at all times for recovery in the event of data being lost. However, in the event that data is not recoverable Cloudspace will not be liable for any damages or loss.
16.3. Subscriber agrees to not make any claim for data loss as a result of using its Services.
17.1. All notices under these Terms of Service must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
17.2. Notices shall be deemed to have been duly given:
17.3. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
17.4. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
17.5. on the fifth business day following mailing, if mailed by national ordinary mail; or
17.6. on the tenth business day following mailing, if mailed by airmail.
17.7. Both parties are permitted to display each other’s corporate logo, and that of their respective end-customer and service provider on their respective websites.
17.8. All notices under these Terms of Service must be addressed to the most recent address, email address or fax number notified to the other party.
18.1. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, Cloudspace may immediately revoke your access to the subscribed Services. Cloudspace’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
18.2. Upon termination of your Service we will remove all your data stored on our servers within 5 days. You may request for a copy of the data stored on our servers and the delivery of the data may be subject to additional charges at our discretion.
18.3. Any amount due to us including the imposition of any late payment fees will not be subject to waiver and we will exercise our full rights in the recovery of the amount due to us. You as the Subscriber may be liable for any expenses incurred in the process of recovery.
19.1. All Content included on the Cloudspace Website, unless uploaded by Subscribers, is the property of Bitforge Sdn Bhd and Saint Systems Sdn Bhd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
19.2. You may, for your own personal, non-commercial use only, do the following:
19.3. retrieve, display and view the Content on a computer screen.
19.4. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Cloudspace and its legal entity.
19.5. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
19.6. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Cloudspace and its legal entity for all claims resulting from Content you supply.
20.1. Subscribers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of national and international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. Cloudspace can and will where necessary under appropriate circumstances, terminate the accounts of repeat violators.
20.2. If a third party believes that a Subscriber of Cloudspace is violating its intellectual property rights, it should notify us by email at firstname.lastname@example.org. A notification should include information reasonably sufficient to permit Cloudspace to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring.
21.1. You agree to indemnify and hold harmless Cloudspace its legal entity Bitforge Sdn Bhd, its technology partner Saint Systems Sdn Bhd and all of its affiliates and contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.
21.2. All other terms and conditions of the Telecommunications provider apply in addition to the above terms. Any other terms of service as required by Malaysian laws and Malaysian Communications and Multimedia Commission (MCMC) regulations are also enforced where applicable.