This CloudSpace Technologies Terms of Service (the “Agreement”) contains the terms and
conditions that govern Your access to and use of the Services (as defined below) and is an
agreement between CloudSpace Technologies (Singapore) and You or the entity You
represent. This Agreement takes effect when You click an “I Accept” button or check box
presented with these terms, or when You click an “Complete Order” button, or when You
use, access and/ or purchase any of the Services (the “Effective Date”). You represent to us
that You are lawfully able to enter into contracts (e.g., You are not a minor). If You are
entering into this Agreement for an entity, such as the company You work for, you represent
to us that You have legal authority to bind that entity. You acknowledge that You have read
the Agreement, and You agree to its terms and conditions and all policies posted on the
CloudSpace Technologies Website.
As referred to in this Agreement, and
The term of this Agreement (“Term”) will commence on the Effective Date.
Unless sooner terminated or otherwise agreed, this Agreement shall be for an initial term set
forth in the proforma invoice issued by CloudSpace Technologies or Your Services order
placed with CloudSpace Technologies, whether via the Website or other manner (“Initial
Term”) and reflected in the invoice marked as “paid” and issued by CloudSpace
Technologies and shall be automatically renewed for successive periods of equal length as
that Initial Term subject to payment of the-then current Service renewal fee and compliance
of the terms of this Agreement (“Renewal Term”). “Term” includes the Initial Term and any
Renewal term.
If you have subscribed to the Services via special campaigns or promotions, the special
terms and conditions of the respective campaigns or promotions (“Campaign Terms &
Conditions”) shall prevail in the event of conflict between the terms and conditions of this
Agreement and the Campaign Terms & Conditions, unless expressly provided in the
Campaign Terms & Conditions.
Upon submission of the Order and acceptance by CloudSpace Technologies, you shall pay
to CloudSpace Technologies all charges, fees and rentals for the Services and/or
equipment, as the case may be, which shall be at the rates prescribed on the CloudSpace
Technologies website from time to time and payable in advance or at such other time in
accordance with CloudSpace Technologies’ policy or requirements. The said charges, fees
and rentals shall commence from the Effective Date.
You shall promptly pay on demand by CloudSpace Technologies and at the times stipulated
in such demand all charges, fees, rentals, costs or other amounts in connection with the
Services. You shall continue to be liable for any applicable charges during the period of
interruption or loss of Services from any cause whatsoever.
CloudSpace Technologies may accept prepayment for Services to be provided under this
Agreement, but such acceptance shall not modify or extend the Term of this Agreement.
Fees for Services ordered by You shall begin on the Effective Date and that day and that
month of that Effective Date shall serve as the billing date (“Anniversary Billing Date”) for all
future billings including one-time fees, upgrades, additional services, cancellations, service
credits and recurring fee. Fees are due in advance of each Services cycle and will be billed
on the Anniversary Billing Date.
If You have provided Your credit or debit card information to CloudSpace in the course of
Your order process, you authorize CloudSpace to charge to Your credit or debit card for any
recurring service fee. You may opt out from automatic payment in Your CloudSpace
Account.
Upgrades ordered on the Anniversary Billing Date will be billed in advance for a full
upgraded Services duration and future recurring fee for those upgrades will continue to be
billed on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing
Date will be pro-rated to the next anniversary date and billed as a onetime pro-rata charge.
Future charges will appear as fees for full upgraded Services duration added to your existing
bill on Anniversary Billing Date.
For any services offered by CloudSpace Technologies on an hourly basis (“Hourly
Services”), You shall specify the period of time for which the Hourly Services are requested,
or cancel at any time. The minimum period of time for which Hourly Services may be
requested is one (1) hour and You will be billed in full hourly increments, and no breakdown
by minutes shall be permitted. Unless otherwise specifically stated in the terms and
conditions of Hourly Services, You, as requester of Hourly Services agree to all terms and
conditions in CloudSpace Technologies Website, including but not limited to this Agreement
and the AUP. You will be billed for Hourly Services and receive any SLA credits, if
applicable, on the Anniversary Billing Date.
Additional Services, not including Hourly Services, ordered on the Anniversary Billing Date
will be billed for the full additional Services duration and future recurring fee for that
additional Services will continue to be billed on the Anniversary Billing Date. Additional
services ordered after the normal Anniversary Billing Date will be pro-rated to the next
anniversary date and billed as a onetime pro-rata charge. Future charges will appear as full
fees for additional Services duration added to your existing bill on Anniversary Billing Date
One-time fees, such as setup fees, administrative fees and late fees are due and payable at
the time they are incurred, and/or agreed upon in writing or via ticket with CloudSpace
Technologies’ approval. One-time fees, such as bandwidth overages and CloudSpace
Technologies overages are due and payable upon an invoice following the billing cycle in
which they are incurred, and are based on standard rates, or as otherwise agreed upon in
writing or via ticket with CloudSpace’s approval.
All payments due to CloudSpace Technologies under this Agreement shall be made in full,
without deduction for any reason, including but not limited to, set-off, counterclaim or other
equitable or lawful claim.
Accounts with returned checks and/or e-checks will be assessed a returned item fee as per
described in Appendix-I.
Any payment not received within twenty (20) days of the invoice due date, will be assessed a
minimum late payment fee as per described in Appendix-I or the highest rate allowed by
applicable law, whichever is higher. You shall pay to CloudSpace Technologies all expenses
incurred by CloudSpace Technologies in exercising any of its rights under this Agreement or
applicable law with respect to a payment default or other breach by you, including, but not
limited to, reasonable attorneys’ fees and the fees of any collection agency retained by
CloudSpace Technologies. Late payment fee will continue to accrue as long as there is an
outstanding balance.
If CloudSpace Technologies suspends your account or services for non-payment, You shall
be allowed to re-instate Your use of the Services within Thirty (30) business days of
suspension upon approval from CloudSpace Technologies and full payment of balances
due. A Re-activation Fee as per Appendix-I will be applied.
If You have terminated your Services, or your account has been terminated by CloudSpace
Technologies for non-payment, or You would like to restore any data that you have deleted,
you shall pay a Restoration Fee as per Appendix-I prior to any restoration of your data, and
notify CloudSpace Technologies with proof of payment. Once payment has been received,
CloudSpace Technologies will process the data restoration within Forty-eight (48) Business
Hours. You are aware that not all data are restorable and CloudSpace Technologies may
reject your request if the data is no longer available.
Fees and charges for any new Services or new feature of a Service will be effective when
CloudSpace Technologies posts updated fees and charges on the CloudSpace
Technologies Website unless CloudSpace Technologies expressly state otherwise in a
notice. CloudSpace Technologies may increase or add new fees and charges for any
existing Services by giving You at least a 30-day advance notice.
If You cancel any order after the same has been accepted by CloudSpace Technologies,
you shall be liable to pay a cancellation fee as set out in Appendix-I, if any.
CloudSpace Technologies may vary its charges from time to time by returning notice to
You. All variations will take effect from the date specified in the notice and You shall be
bound to observe and comply with such variations.
Upon termination of this Agreement, you will receive a prorated refund of any pre-paid,
refundable fees for the remainder of any term. Fees for certain services, including but not
limited to domain name registration and renewal, setup fees, one-time fees, shipping and
handling, SSL certificate fees, software license fees, technical charges, unused bandwidth,
unused disk space, unused backup space, are not refundable unless provided otherwise
specified at CloudSpace Technologies. CloudSpace Technologies may, in its sole discretion,
refund other amounts as it deems necessary or advisable.
Your Services may be eligible to the CloudSpace Technologies’ Money Back Guarantee
and subject to the terms and conditions of CloudSpace Technologies’ Money Back
Guarantee Policy as published on CloudSpace Technologies Website.
Your Services may be eligible to the CloudSpace Technologies Uptime Guarantee and may
be eligible to Outage Event Credit in the form of a credit against future bill of amounts
payable by You for the provision of the service subject to the Terms of CloudSpace
Technologies Uptime Guarantee Policy as published on CloudSpace Technologies Website.
CloudSpace Technologies may, at its absolute discretion and at any time, set off,
consolidate or combine accounts or transfer any monies outstanding to the credit of Your
account with CloudSpace Technologies or any of its related companies of whatever
description towards the reduction or discharge of any sum due to CloudSpace Technologies
by You under this Agreement.
You will be responsible for the payment of all taxes, duties (including stamp duty), fees and
other charges made by any government authority in relation to this Agreement (other than
taxes payable on the overall income of CloudSpace Technologies).
You will pay and indemnify and hold CloudSpace Technologies harmless
from any and all taxes associated with or arising from Your use of the Services, including
any penalties and interest and any costs associated with the collection or withholding
thereof.
You may access and use the Services in accordance with this Agreement. Service Level
Agreements (“SLA”) may apply to certain Services. You will adhere to all laws, rules, and
regulations applicable to Your use of the Services, including the Acceptable Use Policy and
other Policies as published on CloudSpace Technologies Website.
To access the Services, you must create an CloudSpace Technologies Account associated
with a valid e-mail address. You are also known as Primary Contact of Your account. Unless
explicitly permitted by the Terms of Service, you may only create one account per email
address. You are responsible for all activities that occur under Your account, regardless of
whether the activities are undertaken by You, your employees or a third party (including Your
contractors or agents) and, except to extent caused by our breach of Agreement.
You may appoint a second person as the secondary contact for Your CloudSpace
Technologies. You are responsible for all activities that occur under Your account done by
Your secondary contact.
CloudSpace Technologies and its affiliates are not responsible for unauthorized access to
Your account. You shall contact us immediately if You believe an unauthorized third party
may be using Your account or if Your account information is lost or stolen.
In the event which You or Your secondary contact’s email address is no longer valid and up
to date in our billing system, you may request us to update Your contact information by filling
up Billing Account Primary Contact Email Change Form. You acknowledge and undertake
that the information provided is true, current, complete and accurate and You shall keep
CloudSpace Technologies indemnified against all claims, demands, proceedings, losses or
damages costs of whatsoever that may be brought against or suffered by CloudSpace
Technologies as a result of CloudSpace Technologies agreeing or conceding to Your
request above-stated.
In the event that You wish to transfer Your account to a new person, you can appoint a new
person to replace You as the primary contact for Your CloudSpace Technologies. You can
do this by updating the primary contact’s information in CloudSpace Technologies Billing
System. By appointing a new Primary Contact, you acknowledge that the new contact is fully
aware and agreed to be bound by the CloudSpace Technologies terms and conditions of this
Agreement.
Third Party Content, such as software applications provided by third parties may be made
available directly to You via other companies or individuals under separate terms and
conditions, including separate fees and charges. Because CloudSpace Technologies may
not have tested or screened the Third Party Content, Your use of any Third Party Content is
at Your sole risk and CloudSpace Technologies shall not be liable for any infringement on
intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights)
CloudSpace Technologies provides You with the option to subscribe for third party software
as part of the Services. The terms and conditions governing that third party software are in
addition to those set out in this Agreement and can be found on CloudSpace Technologies
Website. You agree that You have read, understood and agreed to be bound by those terms
and conditions. CloudSpace Technologies may, at Your request, install the third-party
software purchased from CloudSpace Technologies at a one-time installation fee. Subject to
the indemnity rights of CloudSpace Technologies under Clause 5.10, You undertake to, on a
timely manner, notify CloudSpace Technologies if You have subscribed and/or installed any
such other third-party software from the party other than CloudSpace Technologies, failing which, CloudSpace Technologies reserves to claim from and be indemnified by You on the
damages, penalties, fines incurred.
You warrant that You have the legal right to download, install and use of third-party software
or service, which is not the third-party software purchased from CloudSpace Technologies,
on Your information technology system that is a subject to the Services or relates to the
Services. If You fail to provide proof of licensing required by CloudSpace Technologies,
CloudSpace Technologies may charge You a fee for the use of the third-party software or
service based on CloudSpace Technologies’ agreement with the vendor.
CloudSpace Technologies reserves the right to audit information technology system that is a
subject to the Services or relates to the Services you have subscribed from CloudSpace
Technologies (at least once annually) to determine (i) what third party software is installed
on that information technology system (ii) the total number of users using each third-party
software licensed account of that information technology system. You shall indemnify
CloudSpace Technologies against any cost, claim, loss, damages, liability, demand and/or
expense as a result of failure by You to be properly licensed in respect of use of any third-
party software.
CloudSpace Technologies may change, discontinue, or deprecate any of the Services
(including the Services as a whole) or change or remove features or functionality of the
Services from time to time. CloudSpace Technologies will notify You of any material change
to or discontinuation of the Services.
CloudSpace Technologies may change, discontinue or deprecate any APIs for the Services
from time to time but will use commercially reasonable efforts to continue supporting the
previous version of any API changed, discontinued, or deprecated for twelve (12) months
after the change, discontinuation, or deprecation (except if doing so (a) would pose a
security or intellectual property issue, (b) is economically or technically burdensome, or (c) is
needed to comply with the law or requests of governmental entities).
CloudSpace Technologies may change, discontinue or add Service Level Agreements from
time to time.
At the request of You and subject to acceptance by CloudSpace
Technologies, CloudSpace Technologies will provide the Services.
Unless otherwise indicated in this Agreement, the Services shall not include the provision or
maintenance of any computer equipment or software required by You to connect to the
CloudSpace Technologies Internet Server.
CloudSpace Technologies does not guarantee or warrant the availability of the Services or
continuous, uninterrupted or secure access to the Internet.
CloudSpace Technologies does not guarantee or warrant that the data stored in the
CloudSpace Technologies Internet Server will be backed up. You shall be responsible for
keeping an independent backup of all data stored in the space allocated to You
CloudSpace Technologies reserves the right to suspend the Services or any part of them for
operational reasons or in an emergency and the You shall not make any claim or
compensation from CloudSpace Technologies.
CloudSpace Technologies, either directly or through its assignee or licensee, shall provide
Technical Support relating to the Your Services. CloudSpace Technologies may refuse any
and all requests for Technical Support with or without reason, in its sole discretion. Any
Technical Support that CloudSpace Technologies may subsequently agree to provide to you
shall be at CloudSpace Technologies’ sole discretion and once commenced, may be
terminated at any time by CloudSpace Technologies without prior notice to you and without
any liability to CloudSpace Technologies.
CloudSpace Technologies does not provide technical support for the third-party software.
The third-party software is offered “as-is.” the provision and offering of third-party software
by CloudSpace Technologies does not constitute an endorsement of the third-party
software, nor can CloudSpace Technologies make any representations or warranties
regarding the use and functionality of such third-party software.
You acknowledge that CloudSpace Technologies shall not be liable for the security of Your
data on any of Your Equipment or passing over the Services and that CloudSpace
Technologies shall have no obligation to ensure, and makes no representations or
warranties concerning the security of such data. You shall be solely responsible for the data
retrieved, stored or transmitted through the Services.
You agree that CloudSpace Technologies is not liable for any unauthorised access to Your
data even when the access occurs as a result of a fault in equipment or software owned,
operated or supplied by CloudSpace Technologies.
CloudSpace Technologies log-in credentials and private keys generated by the Services are
for Your internal use only and You may not sell, transfer or sublicense them to any other
entity or person, except that You may disclose Your Log-in Credentials and private key to
Your agents and subcontractors performing work on Your behalf.
You are responsible for properly configuring and using the Services and taking the
necessary steps to maintain appropriate security and protection of Your Content, which may
include the use of encryption technology to protect Your Content from unauthorized access
and make routine archiving of Your Content
You may occupy only the amount of disk space on the CloudSpace Technologies Server
that is allotted by CloudSpace Technologies CloudSpace Technologies according to the
packages subscribed by You. Additional fees, specified in the hosting plans, will be charged
for exceeding the disk space. Disk space measurement includes all customer content and
generated content from their web site and includes but is not limited to Web Pages, Files,
Images, Videos, Logs, Backup, Emails, Databases, SQL data, Mailing List data and data in
Your directories for virtual accounts. CloudSpace Technologies is not responsible for
measurements provided by individual control panel software, which is Third party software
not controlled by CloudSpace Technologies, which may or may not include all of the
customer data in their measurements.
The Disk Drive and/or Disk Space Quota for these accounts are hard quota based and You
have full access and rights to the disk space. Available disk space for You includes the
space required for the Operating System, Control Panel and other Services that come with
the server setup which is selected by You. You have full control of all disk space for these
accounts and may remove, delete and/or alter the installed files and configurations.
All services including, Shared Hosting Account, Cloud Server, Virtual Private Server (VPS),
Dedicated Server and Colocation Accounts are limited only to port speed. Default port
setting is One (1) Mbps. Additional fees, specified in the account plan will be charged for
exceeding the network bandwidth allowance of Your selected plan/server.
CloudSpace Technologies does not guarantee the existence, accuracy, or regularity of its
backup services, and therefore, You are responsible for making back-up files in connection
with its use of the services. The accuracy and quality of backup processes provided by third
party software, such as the individual third party control panels, is not guaranteed by
CloudSpace Technologies.
CloudSpace Technologies reserves the right to remove shared hosting accounts that exceed
One Hundred (100) GB disk usages from our backup system.
Shared Hosting Account found to be exceeding the Fifty Thousand (50,000) inode (files) limit
will automatically be removed from our backup system.
On Dedicated Servers with the on-board backup option, You are paying for the additional
disk drive only. CloudSpace Technologies will provide and install the backup script for You
upon request, but the running of cron jobs and services is Your responsibility. The backup
script can be set up to generate a daily email with results to assist You in monitoring. For
mission critical data, CloudSpace Technologies highly recommends higher quality off-server
backup services than what an on-board backup drive can provide. Doing periodic local
backups is also highly recommended and a prudent business practice.
You may choose to subscribe to additional fully managed Backup Service provided by
CloudSpace Technologies. The specific terms and prices are as per described on
CloudSpace Technologies Website.
You are responsible for properly configuring and using the Services and taking Your own
steps to maintain appropriate backup of Your content.
If requested by You, CloudSpace Technologies will, as agent for You, apply for the domain
name as requested by You (“Requested Domain Name”).
If You choose to register a domain name(s) through
CloudSpace Technologies, you acknowledge and agree that:
a) You will pay a registration fee(s) to register the domain name(s) with the applicable
domain name registrar
b) CloudSpace Technologies does not offer refund(s) for domain name registration(s) for any
reason, including misspelling of the domain name.
By registering a domain name(s) through CloudSpace Technologies, You acknowledge and
agree to the terms and conditions of the respective domain registry.
1
CloudSpace Technologies does not guarantee that it will be successful in its application for
the Requested Domain Name.
If the application for the Requested Domain Name is successful, then CloudSpace
Technologies will become the delegated domain name Administrative Contact and Technical
Contact for the Requested Domain Name.
CloudSpace Technologies will renew Your Domain provided that:-
a) CloudSpace Technologies is the delegated domain name administrator, or the appointed
reseller or the invoicing party of Your Domain Name at the scheduled time of expiry; and
b) You are, at that time, the owner of the Domain Name; and
c) You request CloudSpace Technologies to renew the Domain Name; and
d) You have paid for the domain name renewal fee to CloudSpace Technologies.
Your Domain Name will become expired and may cause Your web site to become
inaccessible on and after the expiry date if the Domain Name is not renewed on or before
the expiry date. You shall renew the domain name at Your own cost and expense. In the
event You fail to comply with conditions (a) to (d) set out in this clause (Domain Renewal)
and You fail to renew the domain name and caused the domain name to be expired or not
being able to renew, you shall not make any claim or compensation from CloudSpace
Technologies.
Domain Redemption Period is an extra grace period hold by the registrar. It is imposed by
the Registry and was instigated by ICANN in order to allow You a little more time to renew
their domain name(s). To renew a Domain Name that falls under Domain Redemption
Period, a Domain Redemption Fee may apply.
CloudSpace Technologies does not guarantee that it will be successful in its application for
the Requested Domain Name Renewal of Domain Name that is expired or falls under
Domain Redemption Period.
You are solely responsible for the development, content, operation, maintenance, and use of
Your Content. For example, You are solely responsible for:
a) The technical operation of Your Content, including ensuring that calls You make to any
Services are compatible with then-current APIs for that Services;
b) Compliance of Your Content with the Acceptable Use Policy, the other Policies, and the
law;
c) Claims relating to Your Content; and
d) Properly handling and processing notices sent to You (or any of Your affiliates) by any
person claiming that Your Content violate such person’s rights, including notices pursuant to
the Digital Millennium Copyright Act.
You will be deemed to have taken any action that You permit, assist or facilitate any person
or entity to take related to this Agreement, Your Content or use of the Services. You are
responsible for End Users’ use of Your Content and the Services. You will ensure that all
End Users comply with Your obligations under this Agreement and that the terms of Your
agreement with each End User are consistent with this Agreement. If You become End
Users. CloudSpace Technologies does not provide any support or services to End Users
unless we have a aware of any violation of Your obligations under this Agreement by an End
User, You will immediately terminate such End User’s access to Your Content and the
Services.
You are responsible for providing customer service (if any) to End Users. CloudSpace
Technologies does not provide any support or services to End Users unless we have a
separate agreement with You or an End User obligating us to provide support or services.
You shall, at Your own expense, install and maintain the necessary computer equipment
and software to enable connection to the CloudSpace Technologies Internet Server, other
than any equipment and/or software supplied by CloudSpace Technologies under this
Agreement.
You agree that You will not distribute, electronically transmit or display any materials
supplied by You – or through You by a third party – to any CloudSpace Technologies server
in connection with Your use of the Services which:
a) Violate any state, federal or foreign laws or regulations;
b) Infringe on any intellectual property rights (e.g., copyright, trademark, patent or other
proprietary rights) of CloudSpace Technologies or any third party;
c) Are defamatory, slanderous or trade libellous;
d) Are threatening or harassing;
e) Are discriminatory based on gender, race, age or promotes hate which violate any
CloudSpace Technologies policy posted on the CloudSpace Technologies Website including
but not limited to those listed in CloudSpace Technologies Acceptable Use Policy (AUP).
f) Contain viruses or other computer programming defects which result in damage to
CloudSpace Technologies or any third party.
You agree that You will not use the Services:
a)To send unsolicited or unwelcome or bulk electronic mail messages to anyone or
otherwise cause excessive or disproportionate load on the Services;
b) For any unlawful purposes such as, but not limited to, vice, gambling or other criminal
purposes whatsoever or for sending to or receiving from any person or displaying any
message or posting which is offensive on moral, religious, communal or political grounds, or
is abusive or of an indecent, obscene or menacing character;
c) For any purpose which is against public interest, public order or national harmony;
d) To publish defamatory, infringing, obscene or other unlawful materials;
e) In connection with the infringement of the copyright, patent, trademark, trade secret or
other propriety rights of any third party or rights of publicity or privacy;
f) To interfere with, damage, disrupt or unlawfully use or gain access to any service,
equipment or computer network without authorisation by the owner of the said service,
equipment or computer network;
g) To resell the Services or otherwise provide the Services to anyone unless permitted by
CloudSpace Technologies.
h) In violation of any laws relating to unfair competition, anti-discrimination or false
advertising; or
i) That result in distribution of viruses, Trojan horses, worms, time bombs, bots, or other
similar harmful or deleterious programming routines
You agree to use only properly licensed third-party
software in connection with the use of the Services.
You shall, prior to reporting a Service failure or problem, carry out all necessary steps to
determine the cause of the Service failure or problem.
CloudSpace Technologies may suspend Your or any End User’s right to access or use any
portion or all of the Services immediately upon notice to You if we determine:
a) You or an End User’s use of the Services (i) poses a security risk to the Services or any
third party, (ii) may adversely impact the Services or the systems or Content of any other
CloudSpace Technologies customer, or (iii) may subject us, our affiliates, or any third party
to liability;
b) You are, or any End User is, in breach of this Agreement,
c) You are delinquent on Your payment obligations for more than three (3) days; or
d) You have ceased to operate in the ordinary course, made an assignment for the benefit of
creditors or similar disposition of Your assets, or become the subject of any bankruptcy,
reorganization, liquidation, dissolution or similar proceeding.
If CloudSpace Technologies suspends Your right to access or use any portion or all of the
Services: a) You remain responsible for all fees and charges You have incurred through the
date of suspension;
b) You remain responsible for any applicable fees and charges for any Services to which
You continue to have access, as well as applicable data storage fees and charges, and fees
and charges for in-process tasks completed after the date of suspension;
c) You will not be entitled to any service credits under the Service Level Agreements for any
period of suspension; and
d) CloudSpace Technologies will not erase any of Your Content as a result of Your
suspension, except as specified elsewhere in this Agreement.
e) Any such suspension shall not be a breach by CloudSpace Technologies of this
Agreement.
Unless CloudSpace Technologies suspends Your use of the Services pursuant to Clause
14.5 or 14.6, during the 30 Days following suspension:
a) CloudSpace Technologies will not erase any of Your Content as a result of the
suspension.
b) You may retrieve Your Content from the Services only if You have paid any charges for
any post-suspension use of Services and all other amounts due; and
c) CloudSpace Technologies will provide You with the same post-suspension assistance that
generally make available to all customers. Any additional post-suspension assistance from
CloudSpace Technologies is subject to mutual agreement by You and CloudSpace
Technologies and additional Services Fee may apply.
In the event of a suspension, CloudSpace Technologies reserves the right to charge You a
fee for the Re-activation of the Services in accordance to Appendix-I.
CloudSpace Technologies may terminate this Agreement immediately upon Thirty (30) days’
notice to You:
a) if CloudSpace Technologies relationship with a third-party partner who provides software
or other technology CloudSpace Technologies use to provide the Services expires,
terminates or requires CloudSpace Technologies to change the way CloudSpace
Technologies provide the software or other technology as part of the Services,
b) if CloudSpace Technologies believes providing the Services could create a substantial
economic or technical burden or material security risk for CloudSpace Technologies,
c) in order to comply with the law or requests of governmental entities, or
d) if CloudSpace Technologies determine use of the Services by You or any End Users or
CloudSpace Technologies provision of any of the Services to You or any End Users has
become impractical or unfeasible for any legal or regulatory reason, or
e) without having to give any reason.
CloudSpace Technologies reserves the right to refuse services to anyone. CloudSpace
Technologies, in its sole discretion, may immediately terminate this Agreement if:
a) You engaged in any of the activities as spelled out but not limited to in Clause 14 above;
or
b) CloudSpace Technologies or You commits a material breach of its obligations under this
Agreement which is incapable of remedy; or
c) CloudSpace Technologies or You commits a material breach of its obligations under this
Agreement which is capable of remedy but which is not remedied within thirty (30) days after
the receipt of written notice of default from the other party; or
d) CloudSpace Technologies or You is insolvent or takes any corporate action, or other
steps are taken or legal proceedings are commenced for its winding up, liquidation or
dissolution (other than for the purposes of solvent reconstruction on terms approved by the
party proposing to terminate this Agreement) or for the appointment of a receiver, receiver
and manager, official manager, liquidation, provisional liquidator, trustee or similar officer of
it or of any or all of its revenues and assets, or
e) in the event any equipment or combination thereof, including hardware and software used
by CloudSpace Technologies in offering of its Services, become affected in their
performance and/or functionality so as to render it impossible for CloudSpace Technologies
to continue to provide the Services. In such event the sole extent of CloudSpace
Technologies liability shall be the refund of any advance Subscription Fees paid by You for
the duration of the interruption prior to termination.
CloudSpace Technologies
may terminate this Agreement if You fail to pay for the renewal fees of its Services on time
upon renewal.
You may cancel automatic renewal of the
Service by contacting customer service or Your account manager.
You may terminate this Agreement or any renewed Service plan by giving CloudSpace
Technologies thirty (30) days prior written notice to CloudSpace Technologies subject to the
terms and conditions of this Agreement. If You are terminating this Agreement, you must
follow instructions for cancellation provided on the Service Cancellation Information page as
published on CloudSpace Technologies Website.
If the Agreement or Services is terminated by You or by CloudSpace Technologies due to
non-compliance by You of any provisions in this Agreement prior to the expiry of the Initial
Term, you shall pay CloudSpace Technologies in full all charges, fees and rentals for the
remainder of the said term.
If You terminate the Agreement during the Initial Term as a result of relocation or in order to
upgrade the Services, you shall not be liable to pay for the remainder of the monthly rentals
for the Initial Term, provided You enter into a new Agreement with CloudSpace
Technologies for the Services at the new location or for the upgraded service immediately
upon termination of this Agreement. The new Agreement between You and CloudSpace
Technologies for the new location or upgraded service will be based on the prevailing
charges, rates and terms and conditions imposed by CloudSpace Technologies.
On termination of this Agreement, You shall pay CloudSpace Technologies:
a) all amounts invoiced to You in accordance with this Agreement and unpaid as at the
termination date together with the interest charged on those amounts; and
b) all amounts incurred by You but not invoiced to You as at the termination date.
If You terminate your account, CloudSpace Technologies will de-activate the server/account
on the day You specify the account is cancelled. CloudSpace Technologies will not maintain
an archival copy of your Web site(s) or files. It is your responsibility to remove any data off
the server prior to the date provided in their cancellation notice.
Termination of this Agreement by either You or CloudSpace Technologies for any reason
whatsoever shall be without prejudice to any other rights, remedies or claims CloudSpace
Technologies may have against You under this Agreement or at law in respect of any
antecedent breach by You of any provision of this Agreement.
Upon termination, expiration or cancellation of Your Services: a) You remain responsible for all fees and charges You have incurred prior the date of
termination;
b) You remain responsible for any applicable fees and charges for any Services to which
You continue to have access, as well as applicable data storage fees and charges, and fees
and charges for in-process tasks completed after the date of termination;
c) You will not be entitled to any service credits under the Service Level Agreements for any
period of post termination; and
d) CloudSpace Technologies will erase ALL of Your Content as a result of Your termination,
except as specified elsewhere in this Agreement.
e) Any such termination shall not be a breach by CloudSpace Technologies of this
Agreement
As between You and CloudSpace Technologies, You or Your licensors own all rights, titles,
and interests in and to Your Content. “Your Content” includes information, text, photo, video,
email and other content posted, uploaded, published, displayed, and distributed by You or
Your licensors on or through the Services. We obtain no rights under this Agreement from
You or Your licensors to Your Content, including any related intellectual property rights. You
consent to CloudSpace Technologies use of Your Content to provide the Services to You
and Your End Users. CloudSpace Technologies may disclose Your Content to provide the
Services to You or Your End Users or to comply with any request of a governmental or
regulatory body (including subpoenas or court orders).
You represent and warrant to CloudSpace Technologies that:
a) You or Your licensors own all rights, titles, and interests in and to Your Content and Your
Submissions;
b) You have all rights in Your Content and Your Submissions necessary to grant the rights
contemplated by this Agreement; and
c) None of Your Content, Your Submissions or End Users’ use of Your Content, Your
Submissions or the Services will violate CloudSpace Technologies Acceptable Use Policy.
As between You and CloudSpace Technologies, CloudSpace Technologies or its affiliates
or licensors own and reserve all rights, titles, and interests in and to the Services.
CloudSpace Technologies grants You a limited, revocable, non-exclusive, non-
sublicensable, non-transferrable license to do the following during the Term:
a) Access and use the Services solely in accordance with this Agreement; and
b) Copy and use the CloudSpace Technologies Content solely in connection with Your
permitted use of the Services. Except as provided in this Section, you obtain no rights under
this Agreement from CloudSpace Technologies or its licensors to the Services, including any
related intellectual property rights. Some CloudSpace Technologies Content may be
provided to You under a separate license, such as the Windows Server License, the Apache
Software License, in which case that license will govern Your use of that CloudSpace
Technologies.
Neither You nor any End User may use the Services in any manner or for any purpose other
than as expressly permitted by this Agreement. Neither You nor any End User may, or may
attempt to:
a) Modify, alter, tamper with, repair, or otherwise create derivative works of any software
included in the Services (except to the extent software included in the Services are provided
to You under a separate license that expressly permits the creation of derivative works), or
b) Reverse engineer, disassemble, or decompile the Services or apply any other process or
procedure to derive the source code of any software included in the Services, or
c) Access or use the Services in a way intended to avoid incurring fees or exceeding usage
limits or quotas.
All licenses granted to You in this Agreement are conditional on
Your continued compliance this Agreement, and will immediately and automatically
terminate if You do not comply with any term or condition of this Agreement. During and after
the Term, you will not assert, nor will You authorize, assist, or encourage any third party to
assert, against us or any of our affiliates, customers, vendors, business partners, or
licensors, any patent infringement or other intellectual property infringement claim regarding
any Services You have used.
You may only use the CloudSpace Technologies Trademark in accordance with the
Trademark Use Guidelines as published on CloudSpace Technologies websites.
CloudSpace Technologies may use Your name, logo or trademark on its website, social
media or any media or material to advertise or promote its services.
If You provide any Suggestions to CloudSpace Technologies or its affiliates,
CloudSpace Technologies will own all rights, titles, and interests in and to the Suggestions,
even if You have designated the Suggestions as confidential. CloudSpace Technologies and
its affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably
assign to CloudSpace Technologies all rights, titles, and interests in and to the Suggestions
and agree to provide us any assistance we may require to document, perfect, and maintain
our rights in the Suggestions.
You will defend, indemnify, and hold harmless CloudSpace Technologies, its affiliates and
licensors, and each of their respective employees, directors, and representatives from and
against any claims, damages, losses, liabilities, costs, and expenses (including reasonable
attorneys’ fees) arising out of or relating to any third party claim concerning:
a) Your or any End Users’ use of the Services (including any activities under Your account
and use by Your employees and personnel);
b) Breach of this Agreement or violation of applicable law by You or any End User;
c) Your Content or the combination of Your Content with other applications, content or
processes, including any claim involving alleged infringement or misappropriation of third-
party rights by Your Content or by the use, development, design, production, advertising or
marketing of Your Content; or
d) A dispute between You and any End User. If CloudSpace Technologies or its affiliates are
obligated to respond to a third party subpoena or other compulsory legal order or process
described above, You will also reimburse CloudSpace Technologies for reasonable
attorneys’ fees, as well as CloudSpace Technologies employees’ and contractors’ time and
materials spent responding to the third party subpoena or other compulsory legal order or
process at CloudSpace Technologies then-current hourly rates.
CloudSpace Technologies may from time to time, vary or modify the terms and
conditions of this Agreement (including any Policies) by posting a revised version on the
CloudSpace Technologies Website. The modified terms will become effective upon posting
or, if CloudSpace Technologies notifies You by email, as stated in the email message. By
continuing to use the Services after the effective date of any modifications to this Agreement,
You agree to be bound by the modified terms. It is Your responsibility to check the
CloudSpace Technologies Website regularly for modifications to this Agreement.
CloudSpace Technologies last modified this Agreement on the date listed at the beginning of
this Agreement.
CloudSpace Technologies may provide any notice to You under this Agreement by:
a) Posting a notice on the CloudSpace Technologies Website; or
b) Sending a message to the email address that associated with Your account. Notices we
provide by posting on the CloudSpace Technologies Website will be effective upon posting
and notices we provide by email will be effective when we send the email. It is Your
responsibility to keep Your email address current. You will be deemed to have received any
email sent to the email address then associated with Your account when we send the email,
whether or not You actually receive the email.
To give us notice under this Agreement, You must contact CloudSpace Technologies as
follows:
a) By email to admin@cloudspace.com.sg b) By personal delivery, overnight courier or registered or certified mail to:
140, Paya Lebar Road,
#08-02 AZ @Paya Lebar
Singapore 409015
We may update the facsimile number or address for notices to us by posting a notice on the
CloudSpace Technologies Website. Notices provided by personal delivery will be effective
immediately. Notices provided by facsimile transmission or overnight courier will be effective
one business day after they are sent. Notices provided registered or certified mail will be
effective three business days after they are sent.
All communications and notices to be made or given pursuant to this Agreement must be in
the English language.
This Agreement shall be governed and construed in all respects in accordance with the laws
of Singapore and the parties hereto hereby submit to the jurisdiction of the Courts of
Singapore.
We will not be liable for any delay or failure to perform any obligation under this Agreement
where the delay or failure results from any cause beyond our reasonable control, including
acts of God, fire, flood, theft, labour disputes or other industrial disturbances, systemic
electrical, telecommunications, or other utility failures, earthquake, storms or other elements
of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or
war.
Additional terms and conditions and policies set out in CloudSpace Technologies Website
are in addition to this Agreement and CloudSpace Technologies reserves the right to revise those terms and conditions from time to time. In the event of any conflict or inconsistencies
between the provisions of this Agreement and any terms and conditions set out in
CloudSpace Technologies Website, the terms and conditions set out in CloudSpace
Technologies Website shall prevail.
In the event of an invoice dispute, You shall pay all undisputed amounts on the invoice due
date. To the extent that You dispute any portion of the invoice, You shall notify CloudSpace
Technologies in writing and provide documentation supporting Your dispute before the
invoice due date or Your right to any billing adjustment shall be waived. If the dispute is
resolved against You, You shall pay such amount due plus interest as set forth in this
Agreement from the date the payment was originally due.
CloudSpace Technologies agrees to (i) secure the physical security in relevant data centre
for co-location and network infrastructure, and (ii) ensure that relevant data centre for co-
location and network infrastructure adheres to the Payment Card Industry Data Security
Standard (PCIDSS).
All information provided or communicated by CloudSpace Technologies to You under this
Agreement (“Confidential Information”) shall be treated as confidential by You. You shall
not disclose any Confidential Information, in whole or in part, to any third party except (i) as
explicitly authorised by CloudSpace Technologies, or (ii) to the extent required by law or
regulation or order of a court, tribunal, government authority or competent jurisdiction. The
obligation on confidentiality shall remain in force for a period stated of three (3) years from
the disclosure of such Confidential Information notwithstanding termination or expiry of this
Agreement.
This Agreement shall bind the parties’ permitted assigns, representatives and successor in
title.
This Agreement shall supersede any prior arrangement and/or agreement, warranty or
representative made between You and CloudSpace Technologies.
Any indulgence given or action not immediately taken by CloudSpace Technologies shall not
be construed as a waiver of or prejudice any of CloudSpace Technologies’ rights herein
provided.
If any of the provisions of this Agreement shall be determined to be invalid, void, illegal or
unenforceable, such provision shall be deemed to be deleted from this Agreement and the
remaining provisions of this Contract shall continue to be in full force and effect.
You, Your employee, agent and representative agree to (a) comply with, not violate or not
cause CloudSpace Technologies or its affiliates to violate all applicable laws and regulations
(including anti-bribery laws, intellectual property and export control laws in using and
accessing the Services); and (b) not, directly or indirectly, pay or receive bribes or transfer
anything of value or influence, induce or reward any act or omission of act of any person or
legal entity in order to secure or obtain business advantage for CloudSpace Technologies or
its affiliates.
This Agreement will apply to the Services. Unless otherwise specified, to the extend there is
any conflict between this Agreement and any business document (such as a payment
invoice) You have issued or electronic invoicing portal made available to CloudSpace
Technologies (“Document”), this Agreement will take precedence. The Document is for
administrative purpose only and has no legal effect. This provision will survive the expiration
or termination of the Service plan purchased.
This Agreement by whatever means accepted (including electronic), shall be treated in all
manner and respects as an original contract and shall be considered to have the same
binding legal effect as if they were an original signed version and delivered in person.
Delivery of a copy of the Agreement or any other document contemplated hereby, bearing
an electronic signature by electronic mail in “portable document format” (“.pdf”) or similar
format intended to preserve the original graphic and pictorial appearance of a document, or
through the use of electronic signature software will have the same effect as physical
delivery of the paper document bearing an original signature.
A person who is not a party to this Agreement has no right to enforce any terms of this
Agreement. The application of the Contracts (Rights of Third Parties) Act 2001 (No. 39 of
2001) and any subsequent amendment or replacement thereof are expressly excluded.
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