READ THIS AGREEMENT CAREFULLY BEFORE USING ANY SHINJIRU SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (referred to herein as "Customer") AND SHINJIRU.
SHINJIRU MSC SDN BHD (hereinafter referred to as "SHINJIRU") is a corporation organized and existing under the laws of Malaysia and having its principal executive office No.19-2, Wisma Laxton, Jalan Desa, Taman Desa Off Jalan Klang Lama, 58100 Kuala Lumpur. Malaysia.
Please note that this agreement is subjected to change and it is Customer's responsibility to regularly check for modifications. If Customer signed up for the Service before the Posted/Revised date listed above, the new version will become effective thirty (30) days after the Posted/Revised date listed above. Continued use of the Service constitutes acceptance to the new version of this agreement.
SHINJIRU reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to violation of SHINJIRU's Acceptable Use Policy. Should SHINJIRU terminates Customer's service for a reason other than violation of the Acceptable Use Policy, SHINJIRU will issue Customer a refund for the remaining paid period of service. Under no circumstances is SHINJIRU responsible for any damages resulting from termination of service. SHINJIRU reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.
Delivery periods can only be estimated. Exceeding the delivery time never entitles Customer to be paid damages or cancellation of the order. Should the delay is due to a reason within SHINJIRU itself such as SHINJIRU is temporarily or permanently unable to fulfill the order partially or completely, SHINJIRU reserves the right to partially or completely cancel or decline the order. SHINJIRU also reserves the right to deliver the order with a similar specifications or higher. SHINJIRU will notify CUSTOMER of such decisions.
Payments are generally due on the first day of each month or as per due date of the invoice, and SHINJIRU dispatches e-mail invoices prior to the expiry date. Emails are issued as a courtesy; Customer will maintain awareness of its usage levels and the fees it owes Shinjiru and the due date. SHINJIRU will not accept the reason of late payment or no payment due to email not received. If payment is not received by ten (10) calendar days after the due date, Customer's account will be suspended, and may incur a USD49.00 reconnection fee at SHINJIRU's discretion. If the account is suspended for over ten (10) calender days, there may be a USD99.00 setup fees whereby SHINJIRU need to resetup an entire server for the Customer. Accounts may be deleted if they have spent ten (10) or more calendar days in a suspended state. Accounts past due may be subject to interest at the rate of 3% per month.
SHINJIRU will never sell or disclose Customer's contact information, data or customer lists to any third party, unless required by law or specifically authorized by Customer.
SHINJIRU provides 24 hours customer support and is committed to provide the best possible support for all Customers. For any service request not subscribed by the Customer, SHINJIRU reserves the right to charge USD80/hr for any website/server troubleshooting issues. SHINJIRU at its sole discretion reserves the right to deny providing services requested by the Customer with or without reasons. For any services rendered, charged or not charged, SHINJIRU provides the best effort services. SHINJIRU will not be held responsible for any other issues which resulted directly or indirectly due to the support given. Should there be incident whereby SHINJIRU provides FREE support to the Customer, this is an act of goodwill and cannot be defined as evidence that SHINJIRU must commit to provide FREE support to the Customer. In this case, SHINJIRU reserves the right to stop providing FREE service to the Customer at any time.
To ensure 100% customer satisfaction, SHINJIRU provides 30 days money back guaranteed from the commencement date.
Rest of the products such as Domain Name, SSL, Server Co-location, Private Email etc. are not included in our 30 days money back guarantee policy as these are products we resell. For any cancellation of products or services, customer must provide prior notice of at least 30 days before the expiry date shown on current renewal invoice.
As for refund due to server or network downtime, customer is responsible for notifying the billing department for any credits due for the month within seven days from the time of the incident. Customer should supply all relevant information, including ticket numbers, for credit to take place. All refund claims or cancellation must be done in writing or by fax or by support ticket with your root username and passwords for the server.
Customer will retain records of the terms and conditions of its Package for future reference. SHINJIRU may change Package prices or add or delete Package features or restrictions at any time, and such changes will not affect the initial agreement between Customer and SHINJIRU. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern.
In order to prevent abuse to our services and our 30 days money back guaranteed policy, SHINJIRU will not provide refund if it is discovered that Customer is running "short-lived" website for his/her own interest. These websites are termed "short-lived" at SHINJIRU's own discretion which including and not limiting to websites on political campaign, lawsuit, investment etc.
Customer asserts that it has read SHINJIRU's Acceptable Use Policy ("AUP") and its Privacy Policy. Customer will adhere to the AUP and Privacy Policies and will not allow the Services or SHINJIRU equipment to be used for activities prohibited by such policies. SHINJIRU may revise the AUP from time to time by posting a new version thereof on the SHINJIRU Website, and Customer is responsible for awareness of such revisions. In the event of any conflict between the AUP or the Privacy Policy and this Agreement, this Agreement will govern. SHINJIRU may impose a penalty fees to the Customer if the AUP is broken.
SHINJIRU'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHINJIRU DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SHINJIRU MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY SHINJIRU OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.
SHINJIRU WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF SHINJIRU WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SHINJIRU'S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
SHINJIRU WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (i) OTHER SHINJIRU CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER'S DATA OR ASSIGNED COMPUTERS; (ii) SECURITY BREACHES; (iii) EAVESDROPPING; (iv) DENIAL OF SERVICE ATTACKS; (v) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING SHINJIRU'S SERVICE; (vi) CUSTOMER'S RELIANCE ON OR USE OF THE SERVICE; (vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE; (viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR (ix) LOSS OF DATA OR LOSS OF ACCESS TO DATA.
SHINJIRU'S LIMITATIONS AND EXCLUSIONS OF LIABILITY APPLY EQUALLY TO SHINJIRU'S OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUPPLIERS, SUBSIDIARIES, PARENTS, AND AFFILIATED COMPANIES.
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