General Terms and Conditions Agreement

Web Temple Sdn Bhd ("Web Temple") has created the General Terms and Conditions Agreement ("Agreement") to govern the terms of use of the hosting services ("Services") Web Temple provides hosting services to Web Temple's customers ("Customer") and Customer's customers or vendors worldwide. Web Temple has the responsibility to protect each Customer and provide them with the best Services available. This Agreement is made between Customer and Web Temple whenever the Services is requested or subscribed. Agreement will be maintained independently of any other agreement between Customer and Web Temple may have, regardless of any service agreements or arrangements.

As a Customer, you agree to adhere to all policies described on this website ("www.webtemple.com.my") for the use by Customer provided by Web Temple. The following policies are:

  1. Acceptable Usage Policy
  2. Domain Name Registration Policy
  3. Technical Support & Service Policy
  4. Fees Information & Billing Policy

Common Carrier

Customer agrees that Web Temple role is solely as a common carrier in its capacity of providing the Services hereunder, and Web Temple is not a publisher of any ideas, material or information. Therefore, Web Temple holds no rights over the published material or information, as a normal practice, proactively monitor the use of Services, nor do we censor, edit or control the content of any material through the Services, with the exception of our proprietary websites. Yet, we may remove any materials or deactivate any Services that, in our judgment or evaluation, may be offensive, illegal, or violate our Acceptable Usage Policy (AUP) without prior notice.

Customer acknowledges and agrees to bear full responsibility on the ideas, material or information published through the Services and will not hold Web Temple for whatsoever liability.

Service Availability

Web Temple makes the best effort and practices to ensure the highest service availability. However, Customer understands and agrees that service interruptions may occur due to scheduled maintenance, upgrades and repair by Web Temple, or by any kind of strikes, terrorism activities, vandalism, fires, acts of God, third party provider outages, power crisis shortages, or other causes beyond Web Temple's control, as defined by the industry standard practices.

Customer agrees under no whatsoever circumstances Web Temple will be held liable for any damages due to such interruptions, such as any special, incidental, consequential or punitive damages of any kind.

Accurate Information

As Web Temple Customer, you agree to :
  1. Provide certain true, current, complete and accurate information about you as required by the application process.
  2. Maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate.
Web Temple fully rely on this information to send you Services relevant information and notices. Customer also agrees to respond in a timely manner to any of our notices in regard to the Services. Web Temple bears no responsibility for any non-delivery of any kind of information such as notices, reminders or invoices.

Disclaimer of Warranties

CUSTOMER AGREE THAT WEB TEMPLE'S SERVICES IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WEB TEMPLE SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM WEB TEMPLE THROUGH OUR SERVICES CREATE ANY WARRANTY, UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED HEREIN. IN NO EVENT SHALL WEB TEMPLE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF THE ADVISES ARE PROVIDED BY CUSTOMER, WHETHER ORAL OR WRITTEN, OF THE POSSIBILITY OF THE POTENTIAL LOSSES OR DAMAGES. IN ANY EVENT OF SERVICES INTERRUPTIONS FOR ANY REASON, WEB TEMPLE SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICES, BEYOND THE SERVICES FEES PAID BY CUSTOMERS TO WEB TEMPLE.

Indemnity

Customer agrees to release, defend, indemnify and holds Web Temple (including in our capacity as a WEBCC domain name reseller stated in WPPP Partner Program and IP Mirror as stated in IP Mirror Partner Program, web hosting provider and web service provider) harmless, its owners, partners, directors, officers, employees, agents, licensors, vendors or suppliers and any third party, individual or entity that provide direct or indirect of any services to Web Temple from and against any and/or all claims, obligations, losses, liabilities, cost, expenses including reasonable attorneys' fees and expenses, relating to or arising from or due to
  1. Any intellectual property or other proprietary right of any person or entity.
  2. A violation of any of our operating rules or policies relating to the Services.
  3. Any material or information submitted to Web Temple for publication, including but not limited to, any misrepresentation in your application (if applicable).
  4. Third party, including customers of Customer in liability claims for products or services sold by Customer to Customer's customers and any other transactions between Customer and third party. Any ideas, material or information submitted by Customer for publications.

Force Majeure

Web Temple shall not be liable to Customer or any other person or entity for any failure of performance under this policy or agreement if such failure is due to causes including, but not limited to any kind of strikes, terrorism activities, vandalism, fires, acts of God, third party provider outages, power crisis shortages, or other causes beyond Web Temple's control, as defined by the industry standard practices, or other similar occurrences; any law, regulation, direction, action or request of the Malaysian Government or court orders or of any government (including states or local governmental departments, agencies, commission, corporation or any one or more of said governments).

Liability of Customer

Customer agrees that in any event of mistakes, omissions, errors or defects in transmission or handling which caused either directly or indirectly due to Customer omission or by the use of software or hardware provided by Customer which are integrated to Web Temple's facilities, shall not impose any liability upon Web Temple. Customer agrees to pay Web Temple any reasonable costs, expenses, damages fees or penalties incurred by Web Temple as a result thereof.

Nondisclosure

Web Temple and Customer have a common understanding of the importance of keeping the provisions (including proposals and quotations) from the public, competitors or any other third party that may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party's rights hereunder.

Service Modification & Termination

Customer may request for the Services modification (such as upgrades, downgrades or customization of Services) or Services Termination. However, there're guidelines and procedures for such transaction and requests. In order to ensure safe and smooth transactions, Customer agrees to the Service modification and termination procedures stated below.


Termination of Services must be submitted with 30 days prior notice.

Taxes

Should Services provided by Web Temple to Customer be taxed by any governmental entity of any country, with taxing authority, Customer agrees that Web Temple may pass the direct amount of such tax on to Customer. Customer shall ensure the timely payments are made accordingly.

Waiver

Any party failure to insist on compliance or enforcement of any provision of this agreement shall not be construed as waiver of any provision or right in future and affect its validity or enforceability.

Representation & Warranties

Customer warrant, represent, and covenant to Web Temple that:
  1. Customers are at least eighteen (18) years of age or are a duly organized and validly existing entity.
  2. Customer possess the legal right and ability to enter into this Agreement.
  3. Customer will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines.
  4. Customer will be financially responsible for the use of Customer account.
  5. Customer have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content.
  6. Customer have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, Customer content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted.
  7. Customer content and/or any software that Customer install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

Rights of Refusal

Web Temple, reserves the right at its sole discretion to refuse or terminate within 60 days from receipt of Customer payment for Services. Web Temple agrees to refund applicable fee to Customer. In such event, Customer agrees that Web Temple shall not be liable for any damage, loss or liability of whatsoever nature arising from Web Temple refusal to register, reserve, or delete your domain name or provide Services to Customer.

Agreement Modification

Customer agrees, during the period of this Agreement and/or policies, that Web Temple, in our sole discretion, may:
  1. Revise the terms and conditions of this Agreement and/or policies.
  2. Change the Services provided under this Agreement and/or policies.
Any such revision or change will be binding and effective when the revised Agreement and/or policies or change to the Services is posted on Web Temple website ("www.webtemple.com.my"), or immediately on notification to Customer by e-mail or postal mail. Customer agrees to review Web Temple website, including the Agreement and/or policies, periodically to be aware of any such revisions. Customer agrees that, by continuing to use Web Temple Services or Customer continued use of a domain name registered to Customer through Services shall constitute Customer acceptance of this Agreement with the new modifications.