Subject to the terms of this Agreement, and contingent on Customer's satisfaction of Visual Idea Network's credit approval requirements, Visual Idea Network agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that Visual Idea generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a "Renewal Term") unless Visual Idea or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
i) Ownership Of Website Design
Upon completion of a custom website design and payment of web design and development fees by Visual Idea Network, the client is the owner of the commissioned website. The client may continue to use the commissioned website to promote the client’s company or organization regardless of whether he/she chooses to continue further services with Visual Idea Network. The client does not have the right to resell the design or development to other companies. The client does not have permission to reuse pieces of our work in a redesigned website that gives another company design credit.
ii) Ownership And Copyright
All text and photos used as content in a commissioned website must be provided by the client (unless the client has hired Visual Idea Network for content development). The Client warrants to Visual Idea Network that all materials submitted do not infringe any copyright nor contain any illegal or obscene information. The Client shall fully indemnify Visual Idea Network against all losses and damages whatsoever and howsoever arising from any legal actions by any party and any legal costs arising there from on any indemnity basis.
iii) Project Initiation & Working Estimate Time
The initiation of a web design or development project requires a signed or electronically submitted signup form, or payment of half of the initial web design/development fees (or payment in full if the entire project is RM2000 or less).
All projects may take 5 days or longer (Depend the projects requirement).
iv) Payment Policies
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work.
Upon project completion or website launched, the remaining fifty percent (50%) balance is due in full within ten business days. If the balance on a completed project has not been paid within ten business days, Visual Idea Network reserves the right to remove or terminate the launched website until the outstanding fee together with all interest had been paid by The Client.
Interest at five percent (5%) weekly compounded shall accrue in favour of Visual Idea Network on all amounts outstanding from the due date until the day of actual payment, as well as before judgment. Furthermore, the Client shall be liable to Visual Idea Network for all losses and damages whatsoever howsoever arising from failure to pay the outstanding amounts, including any legal action incurred to enforce (or to attempt to enforce) any of Visual Idea Network right on an indemnity basis.
v) Cross Browser Compatibility
We'll ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari.
vi) Changes To Terms Of Service
Visual Idea Network reserves the right to change these terms of service at any time for any reason.
(a) Recurring Fees
Renewal notices are emailed seven days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged two days before your renewal notice is due. If your billing method is Paypal you will need to manually pay your invoice every month. All payments submitted for services are non-refundable outside of our 30-day refund policy. Service will be made inactive on accounts that are not paid by the 7th day past due. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. Visual Idea Network reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other. All orders made with a credit card are expected to work on the monthly renewal date each month. Any accounts made inactive for non-payment are subject to a RM 50 late payment fee. Any accounts terminated due to non-payment are subject to a RM 50 restoration fee once all past due invoices have been paid.
(b) Payment Terms
All payments to Visual Idea Network are non-refundable after the first 30 days of service. Within the first 30 days of a Quarterly, Semi-Annual or Yearly paid service you may request that it be converted to a Monthly subscription and the remaining balance will be refunded to your original payment method. If after the first 30 days of service you request the package to be converted to a different billing cycle any additional monies will be applied to your account in the form of credits and will not be refunded. Prior to paying a renewal invoice and before your renewal date, you may have your payment terms changed at no additional charge. If you wish to cancel a Quarterly, Semi-Annual or Yearly package prior to its renewal date, your package will be pro-rated to the nearest Monthly billing cycle and any remaining funds will be credited to your account. Any cancellation as the result of a violation of our TOS or AUP will be non-refundable.
(c) Credit/Debit card and your Address on File
When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month two days before your due date. For security purposes, your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.
(d) 30 Day Money Back Guarantee
All new Visual Idea Network Customers are eligible for the 30-day money back guarantee on all Shared Hosting Packages upon written request, excluding VPS, Cloud Server, Dedicated Servers and Domain Name Registrations. The definition of a new customer is one who has never purchased services from Visual Idea Network in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30-day money back guarantee. If the TOS/AUP agreed upon when ordering has violated this voids your eligibility for the 30-day money back guarantee. Visual Idea Network reserves the right to deny the refund if we feel abuse of services has occurred.
(e) Payments (Dedicated Servers, VPS, Any Cloud Server)
We do not offer a 30-day money back guarantee on Dedicated Servers. Renewal notices are emailed seven days before the service due date. If your billing method is Paypal you will need to manually pay your invoice every month by the due date at 12 PM EST. All renewals made with a credit card are expected to work on the day your card is charged. In the event you fail to pay your invoice by the due date, we reserve the right to suspend your entire account and a late fee of RM100 applies. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. If your invoice is still not paid by the 1 day past the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.
Please note that the below services are the deployment time may be taken.
(a) Shared, NVMe, Reseller Hosting - Within 24 Hours
(b) Wordpress Hosting - Within 24 Hour
(c) VPC (Virtual Private Cloud) - Within 72 Hours
(d) VPS, Dedicated Server, Cloud Server - Within 48 Hours
(d) SSL Certificate - Within 24 Hours
For a security and user's guarantee reason, a service fee of $50/complaint will be applied to any customer with more than 5 (five) verified abuse complaints in a given month. Abuse complaints are defined as documented issues that are confirmed violations of these terms of service and to be a result of customer, or customer's, web hosted content or information.
A service fee of $125/hour will apply for investigation and corrective work performed by Visual Idea Network to resolve SPAM violations.
*Visual Idea Network has the full right to terminate the server without any reason, notice and non-refundable.
Acceptable Use Policy (AUP)
You represent and warrant to Visual Idea Network that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Visual Idea Network shall not be used in connection with any illegal activity.
-not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
-not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
-not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
-not to make, attempt or allow any unauthorized access to Visual Idea Network website, servers, your own hosting account or the account of any other customers of Visual Idea Network.
-not to allow any remote code execution of malicious software through the hosting account provided by Visual Idea Network.
-not to cause denial of service attacks, port scans or other endangering and invasive procedures against Visual Idea Network servers and facilities or the servers and facilities of other network hosts or Internet users.
-not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
-not to use Visual Idea Network services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
-not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
-not to engage in or to instigate actions that cause harm to Visual Idea Network or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Visual Idea Network reserves the right to refuse service to anyone upon Our discretion. Any material that in Visual Idea Network judgment, is either obscene or threatening is strictly prohibited and will be removed from Visual Idea Network servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Visual Idea Network will take corrective action upon our own discretion and will notify You. Visual Idea Network decision in such case is binding and final, and cannot be a subject of a further change. Visual Idea Network cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Visual Idea Network or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Visual Idea Network will not be liable for any loss or damages in such cases.
-At its discretion, Visual Idea Network can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.