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Terms of Service (TOS)
1.
SERVICES
Subject
to the terms and conditions of this Agreement, Masterfox
Connections Pte Ltd will provide to Customer, Internet
facilities consisting of some or all of: connectivity, web
hosting, software management, hardware management, and/or
related services described in the plan selected by Customer from
Masterfox Connections Pte Ltd's then published list of services
offered from time to time "Services"). The specific
plan of Services to be provided initially to Customer shall be
as selected in the Order and thereafter as established through
correspondence between Customer and Masterfox Connections Pte
Ltd.
2. TERM
The
initial term of this Agreement shall be as stated in the Order
("Initial Term"). The Initial Term shall begin upon
commencement of Service to Customer, provided, however, no
Service shall commence unless and until Masterfox Connections
Pte Ltd receives and accepts a completed Order from Customer,
plus payment in full for Services to be rendered during the
Initial Term and any setup charges. Contract is for a period of
12 months unless otherwise stated, in the order form or by any
Masterfox Connections Pte Ltd’s officer with signatory
acknowledgement. Masterfox Connections Pte Ltd reserves the
right to reject any submitted Order for any or no reason prior
to written acceptance thereof by Masterfox Connections Pte Ltd.
After the Initial Term, unless otherwise agreed to by the
parties, this Agreement shall automatically renew for successive
terms of equal length as the Initial Term unless terminated or
canceled by either party only as provided in Paragraph 5 below.
The Initial Term plus all successive renewal periods during
which Service is provided shall be collectively referred to as
the "Term."
3.
CONTENT AND CUSTOMER'S RESPONSIBILITY
Masterfox
Connections Pte Ltd will exercise no control whatsoever over,
nor have any responsibility or liability whatsoever for, the
content of the information passing through its network.
Masterfox Connections Pte Ltd shall make no effort to validate
any information passing through its network for content,
correctness, usability or for any other reason.
4. FEES AND PAYMENT
All
fees for Services rendered or provided to Customer shall be in
accordance with Masterfox Connections Pte Ltd's fee schedule
then in effect, the terms of which are incorporated herein by
reference. All accounts are payable 1 year in advance unless
otherwise stated in the order form or by any Masterfox
Connections Pte Ltd’s officer with signatory acknowledgement.
A fee schedule setting forth Masterfox Connections Pte Ltd's
current rates for Services is annexed to the Order. Masterfox
Connections Pte Ltd may, with 30 days notice to Customer, amend
the Services and/or the rates and fees it charges for the
Services. Fees for renewal, after the Initial Term shall be due
and owing immediately on the first day of the renewal period.
Customer will receive an invoice for the charges for the basic
Services rendered or provided by Masterfox Connections Pte Ltd
for such renewal period, plus any additional Services rendered
or provided by Masterfox Connections Pte Ltd to Customer for the
preceding month of the Term, and any other charges or fees then
due hereunder. Payment in full of such invoiced amount is due
upon receipt of the invoice. Should payment in full of any
invoice not be received by Masterfox Connections Pte Ltd within
fifth teen (15) days after date of invoice, Masterfox
Connections Pte Ltd may impose a debt service charge equal to
one and one-half percent (1.5%) of the overdue balance (or such
lesser amount as may be required by law) for each month or
fraction thereof the overdue amount remains unpaid. In addition,
in the event that any amount due Masterfox Connections Pte Ltd
remains unpaid thirty (30) days after presentation of an invoice
to Customer, Masterfox Connections Pte Ltd, in its sole
discretion, may immediately terminate this Agreement, and/or
withhold or suspend Services. Customer shall pay all taxes, fees
and governmental charges relating to the Services provided
hereunder. Cheque returned will be assessed an S$10.00 charge.
All cheques money order or cash payments must be presented in
Singapore currency.
5. TERMINATION
Either
party, the customer, without cause, may terminate this Agreement
by giving Masterfox Connections Pte Ltd 30 days prior written
notice, any time after the initial contract term. Masterfox
Connections Pte Ltd reserves the right to refuse refund,
service, or cancel existing accounts without reason or warning
if the customer violates the service agreement. In the event of
non-payment, breach of this agreement, or for any other reason
within the sole discretion of Masterfox Connections Pte Ltd,
Masterfox Connections Pte Ltd shall have the right to
immediately, without need for advanced notice, terminate the
client's hosting account. Blatant violations of these Terms of
Service, which will result in forfeiture of all monies paid. All
setup fees are non-refundable.
6. NO WARRANTY
Customer
agrees to use Masterfox Connections Pte Ltd’s Services, and
any information obtained through or from Masterfox Connections
Pte Ltd, at Customer's own risk. Customer acknowledges and
understands that neither Masterfox Connections Pte Ltd, nor any
of its employees, representatives, agents or the like, warrant
that the Services offered or provided hereunder will not be
interrupted or be error free, nor do they make any warranty or
representation as to the results that may be obtained from the
use of the Service or as to the accuracy, reliability or content
of any information service or merchandise contained in or
provided through the Service, unless otherwise expressly stated
in this Agreement. Masterfox Connections Pte Ltd specifically
disclaims all warranties of any kind, including, without
limitation, the warranty of merchantability and fitness for a
particular purpose, whether expressed or implied, for the
Service it is offering or providing hereunder.
7. LIMITED LIABILITY
Under
no circumstances, including negligence, shall Masterfox
Connections Pte Ltd, its officers, agents or anyone else
involved in creating, producing or distributing the Service
hereunder be liable to Customer or any third party, for any
claims, causes of action or direct, indirect, incidental,
special, or consequential, trebled, or punitive damages, that
result or have alleged to have resulted from the use of or
inability to use the Service; or that results from mistakes,
omissions, interruptions, deletion of files, loss of data,
errors, defects, delays in operations, or transmission or any
failure of performance, whether or not limited to acts of God,
communications failure, theft, destruction or unauthorized
access to Masterfox Connections Pte Ltd’s records, programs or
services. Masterfox Connections Pte Ltd further shall have no
responsibility whatsoever to Customer or any third party for the
accuracy or quality of information obtained through or in
connection with its Services provided hereunder. Not
withstanding the above, Customer's exclusive remedies for all
damages, losses, costs or causes of actions from any and all
claims, whether in contract, quasi-contract, statutory, tort
including negligence, or otherwise, shall not exceed the
aggregate dollar amount which Customer paid during the twelve
(12) months immediately preceding the claim or the term of this
Agreement, whichever is less.
8. INDEMNIFICATION
Customer
shall defend, indemnify, save and hold Masterfox Connections Pte
Ltd harmless from any and all damages, demands, liabilities,
losses, costs and claims, including, without limitation,
reasonable attorneys' fees, compensatory damages, punitive
damages, trebled damages, and statutory damages (hereinafter
"Liabilities") asserted against Masterfox Connections
Pte Ltd, its agents, its customers, officers and employees, that
may arise or result from any service provided or performed or
agreed to be performed by Customer, its agents, employees or
assigns or any product distributed, offered or sold by Customer,
its agents, employees or assigns.
9. NOTICE
All
notices must be sent either in writing or by email, except as
otherwise expressly provided herein that a notice must be in
writing. All notices to Masterfox Connections Pte Ltd shall be
delivered to its address stated above or its email address as
provided. All notices to the Customer shall be delivered to its
mailing address or its email address as provided on the Order.
The parties may change their respective address by notice
delivered to the other party. All notices delivered in writing
must be sent either by over night courier or certified mail,
return receipt requested. The delivering party must retain
evidence of successful transmission of all notices delivered by
email.
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