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"The Customer" |
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means any
company or person who has requested to use the Services. |
"Agreement" |
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means any
agreement between the parties which expressly or impliedly
incorporates these Terms and Conditions as the context
demands. |
"Fees" |
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means the
installation fee, monthly fee and other charges in respect
of the Services published from time to time by I -
Link TECHNOLOGY. |
"AUP" |
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means the
Acceptable Use Policy |
"Services" |
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means the
services as described in the Agreement, Internet access,
virtual web hosting, dedicated server hosting, hardware
supply, server re-installation and configuration, and any
services offered by I - LINK TECHNOLOGY
as the context requires. |
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In consideration for payment of
the Fees, I - LINK TECHNOLOGY agrees to provide
the Services to the Customer. The Customer shall pay the Fees
and all applicable taxes and tariffs relating to its use of
the Services. I - LINK TECHNOLOGY will invoice
the Customer by electronic mail, post or facsimile
transmission. Payment is due at presentation for the full
invoiced amount. If the Customer does not pay before the
invoice due date, I - LINK TECHNOLOGY will be
entitled to terminate this Agreement and/or the provision of
any of the Services to the Customer.
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All hosting plans have a set
allotment of Traffic/Bandwidth available for use. Any traffic
usage that is over the the limit of the monthly allotment will
be charged according to the terms that is set forth in the
order form. Unused traffic may not be carried over to the
following month.
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The Customer is responsible for
and must provide all equipment necessary to access the
Services and must comply at all times with I - LINK
TECHNOLOGY's requirements as regards mode of access
and/or use of the Services. The Customer also agrees to abide
by (a) generally accepted the AUP
and (b) the Agreement.
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The Customer shall be entirely
responsible for all use of the Services and agrees to
indemnify I - LINK TECHNOLOGY against all and
any liability arising, directly or indirectly, and in any
jurisdiction, out of the use of the Services. The Customer
agrees to abide by all applicable laws (whether of Hong Kong
or of any relevant jurisdiction) relating to the use of the
Services, in particular, but without limitation, the Customer
shall not access or publish any matter which violates any laws
(whether of Hong Kong or of any relevant jurisdiction) and
warrants that its use of the Services does and shall not,
directly or indirectly, infringe any third party's
intellectual property rights in any jurisdiction.
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The Customer expressly agrees that
use of the Services is at the Customer's sole risk and that
the entire risk as to the quality and performance of the
Services is with the Customer. Neither I - LINK
TECHNOLOGY nor any or its directors, employees or
agents warrant that the Services will be uninterrupted, error free
or terminated before the original Services end dates,
or give any warranty as to the results to be
obtained from use of the Services. In no event will I -
Link TECHNOLOGY or its directors, employees or agents
be responsible or liable to the Customer for any damage (including, but
without limitation, special, incidental, or consequential
damage) arising from the use of, or inability to use (for
whatever reason), the Services, including but not limited to
damages resulting from loss of data or loss of profits.
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Any Internet Protocol address(es)
allocated by I - LINK TECHNOLOGY to the
Customer, remain(s) the property of I - LINK TECHNOLOGY
The Customer undertakes not to advertise, or otherwise to
broadcast, such address(es) upon termination of the Services
or the Agreement, nor to use the word "I - LINK
TECHNOLOGY" in any way as a business or company name
or trade mark.
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If the Customer is in breach of
any of the terms of the Agreement, I - LINK TECHNOLOGY
may, at its sole discretion, either suspend the Customer's
access to and use of any of the Services until such breach is
remedied or terminate the Agreement and the Customer's access
to and use of any of the Services. Reinstatement will be at
the sole option of I - LINK TECHNOLOGY and upon
such terms and conditions as it shall determine.
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If any provision of this Agreement
is found to be invalid the other provisions shall remain in
full force and effect. All obligations and restrictions on the
Customer under this Agreement will survive the termination of
this Agreement and/or the termination of the provision of any
of the Services. No waiver by either party of a breach of any
provision of this Agreement, non delay or omission to exercise
any right, shall constitute a waiver of any other breach or
default by the other party.
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I - LINK TECHNOLOGY reserves the right to terminate the
Services and this Agreement with thirty (30) calendar days written notice at any time.
Any paid Fees from the early termination
date to the original service expiry date will be returned to The Customer on a pro-rata basis. But any setup and domain
fees would not be returned.
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30-Day Money Back Guarantee.
I - LINK TECHNOLOGY extends an unconditional
money-back guarantee to The Customer during the first thirty (30)
calendar days of the Initial Term (“30-Day Guarantee”). The
30-Day Guarantee is only available on Plans with a 3 month
Initial Term and shall begin upon completion of the setup of
The Customer’s Plan. In order to avail itself of the 30-Day
Guarantee, The Customer must notify I - LINK TECHNOLOGY
by faxing a request with an authorized signature to 852 - 3568
8836. Upon receipt, all Services shall be terminated and any
fees paid shall promptly be credited to the The Customer's bank
deposit with handling charge deducted.
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Unless otherwise agreed in writing
and signed by both parties, this Agreement constitutes the
entire agreement between the parties. This Agreement is
governed by the laws of Hong Kong and the parties hereby
submit to the non-exclusive jurisdiction of the courts of Hong
Kong.
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