Rafatech System Sdn Bhd (hereinafter referred to as "RAFATECH SYSTEM") is a corporation organized and existing under the laws of Malaysia and having its principal executive office at No. 26-1, Jalan Tasik Utama 10, Medan Niaga Tasik Damai, 57000 Sungai Besi, Kuala Lumpur.
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.
RAFATECH SYSTEM reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to violation of RAFATECH SYSTEM's Acceptable Use Policy. Should RAFATECH SYSTEM terminates Customer's service for a reason other than violation of the Acceptable Use Policy, RAFATECH SYSTEM will issue Customer a refund for the remaining paid period of service. Under no circumstances is RAFATECH SYSTEM responsible for any damages resulting from termination of service. RAFATECH SYSTEM reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.
Our web migration team will make every effort to help Customer migrate your website over to us. However please take note that this service is provided as a courtesy service that is performed on best effort basis and RAFATECH SYSTEM cannot be held responsible. Should there be any migration failure due to various reasons, RAFATECH SYSTEM cannot guarantee that all data transfer to be accurate and estimate the time required to complete the transfer. Some hosting companies save data in their propriety format making transfer difficult or in some cases impossible. We will of course try our best but in some cases we may not be able to assist. This free transfer services are offered for 45 days from the sign up date and for accounts that does not exceed 5000MB (5GB) space. Transfer requests made outside this 45 days free period or websites exceeding 5000MB (5GB) will incur a one-time (RM200.00) professional service charges. Please contact our sales department for a price quote.
Customers who subscribe to our hosting package and required our help to migrate their website will need to comply below terms:
It is the Customer's responsibility to ensure that scripts/programs installed under Customer's account are secure and permissions of directories are set properly. Permissions for most directories must be set as restrictive as possible such as 755 and files to 644 to avoid being hacked or compromised. Customer is ultimately responsible for all actions taken under Customer's account. This includes the compromise of credentials such as user name and password. It is required that Customer use a strong and secure password. If the password is weak, Customer's account may be suspended until the password is replaced with a strong and secure password.
Every customer has been assign with specific resource utilization based on hosting package which they have subscribe. If in the event of user account fully utilize the resources allocated to them, the account will give "resource limit error". This should issue will not affect other account which inside the same server. We would like to emphasize that activities are unattended server-side processes, torrent application, tracker, file-sharing, peer-to-peer activities, IRC chat module, video streaming, gaming applications, web spider or indexer, daemons and heavy cron-jobs are not allow on our server.
RAFATECH SYSTEM use CloudLinux (LVE) to ensure Linux Shared Hosting accounts receive a fair share of resources. LVE is a kernel level technology developed by the CloudLinux team. The technology has common roots with container based virtualization and uses cgroups in its latest incarnation. It is lightweight, and transparent. The goal of LVE is to make sure that no single web site can bring down your web server. Today, a single site can consume all CPU, IO, Memory resources or apache processes and bring the server to a halt. LVE prevents that. It is done via collaboration of Apache module, PAM module and kernel.
Allowed Resource Usage are as follows:
We provide up to 50 concurrent connections. You won't normally hit this limit unless you have poorly coded scripts that fail to execute properly. Your website will show a "508 Error, Resource Limit Has Reached" error message if this limit is reached. If you find your account is continuously hitting the CloudLinux limits and it is affecting the running of your website, please contact support to discuss options. We can assist with diagnosing any problematic scripts to help reduce usage or help you upgrading to a dedicated environment.
Shared hosting account are meant for hosting Customer's website content. The hosting space utilized as backup/storage device is strictly not permitted.
Most of our shared hosting plans allow unlimited email address creation but in the interest of server stability, all shared hosting plans are allowed to consume up to 10GB for email storage only. Any accounts that exceed the email storage size may be suspended. We recommend to use an email client such as Outlook or Thunderbird (free download) to download and manage all emails on a local computer.
RAFATECH SYSTEM does not set a limit or cap on the amount of resources a single Customer can use. In good faith and subject to these terms, RAFATECH SYSTEM makes every commercially reasonable effort to provide its Customers with all the resources needed to power their web sites successfully. RAFATECH SYSTEM's offering of "unlimited" services is not intended to allow the actions of a single or few Customers to unfairly or adversely impact the experience of other Customers.
In a shared hosting server, multiple Customer web sites are hosted from the same server and share server resources. RAFATECH SYSTEM's service is designed to meet the typical needs of small business and home business website. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
RAFATECH SYSTEM will make every commercially reasonable effort to provide additional resources to Customers who are using their website(s) consistent with these terms, including moving Customers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Customers, RAFATECH SYSTEM does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until RAFATECH SYSTEM can evaluate said sites resource needs. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage per account or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. RAFATECH SYSTEM may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice. Apart from this, all shared hosting plans are set with an hourly sending limit of not more than 200 emails within a given hour. This policy is important to prevent spamming activities either deliberate or through poorly secured computers that are hacked for sending spamming emails.
Unlimited Domain Hosting. RAFATECH SYSTEM does not set arbitrary limits on the number of domain names a Customer can associate with the Customer's web hosting account. However, RAFATECH SYSTEM reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Customers.
RAFATECH SYSTEM will always give the best support on the products that has been sold to customers. However, the support will only cover below:
Accounts that hit 50,000 inode will receive an email notification to monitor the inode usage. Accounts found to be exceeding the 200,000 inode limit will automatically be removed from our backup system to avoid over-usage. If the account hit 250,000 inodes on any shared hosting account, auto suspension will be imposed.
Any shared hosting account using more than 10GB of disk space will be removed from our weekly backup with the exception of database. However all data will continue to be mirrored to a secondary drive. Take note that backup service is provided as a courtesy service and RAFATECH SYSTEM cannot be held liable for any data loss. Customers' use of this service is at their own risk. RAFATECH SYSTEM is not responsible for files and/or data residing on the Customer's account. Customer is advised to maintain a backup copy of their data on their own. In case of data loss, RAFATECH SYSTEM will provide the courtesy service of restoring the data into the account. Take note that data restored may not be up to date and RAFATECH SYSTEM can only restore the data from the latest backup copy whether it is a daily or weekly backup. There is no backup for VPS, Dedicated Server or any other plans. Customers must subscribe to our backup services to have data backup.
Customer is allocated a monthly bandwidth allowance and it varies according to the package purchased. Should the Customer's account pass the allocated amount, the account will automatically be suspended. The account will be unsuspended when the next allocation period starts or when the Customer upgrade to a higher level of package or pay additional fees for the overages. Unused bandwidth in one month cannot be carried over to the next month.
All services provided by RAFATECH SYSTEM may only be used for lawful purposes. The laws of Malaysia apply. The customer agrees to indemnify and hold harmless RAFATECH SYSTEM from any claims resulting from the use of our services.
The amount customer pay for hosting will never increase from the date of purchase unless there are certain terms involved such as a first year promotion etc. RAFATECH SYSTEM reserve the right to change any packages or prices listed in our website and has the right to adjust the amount of resources given to the packages at any time. Should the Customer request to upgrade the features of the subscribed package, there will be an upgrade fee incurred.
RAFATECH SYSTEM 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, RAFATECH SYSTEM reserves the right to charge RM200/hr for any website/server troubleshooting issues. RAFATECH SYSTEM 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, RAFATECH SYSTEM provides the best effort services. RAFATECH SYSTEM will not be held responsible for any other issues that resulted directly or indirectly due to the support given. Should there be incident whereby RAFATECH SYSTEM provides FREE support to the Customer, this is a courtesy service and cannot be defined as evidence that RAFATECH SYSTEM must commit to provide FREE support to the Customer. In this case, RAFATECH SYSTEM reserves the right to stop providing courtesy service to the Customer at any time.
RAFATECH SYSTEM 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.
Payments are generally due on the first day of each month or as per due date of the invoice, and RAFATECH SYSTEM 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 RAFATECH SYSTEM and the due date. RAFATECH SYSTEM will not accept the reason of late payment or no payment due to email not received. If payment is not received by fifteen (15) calendar days after the due date, Customer's account will be suspended, and may incur an RM100 re-connection fee at RAFATECH SYSTEM's discretion. If the account is suspended for over fifteen (15) calendar days, there may be an RM250.00 setup fees whereby RAFATECH SYSTEM need to re-setup an entire server for the Customer. Accounts may be deleted if they have spent thirty (30) or more calendar days in a suspended state. Accounts past due may be subject to interest at the rate of 3% per month. Any discrepancy or dispute in invoice or payment made must be reported to RAFATECH SYSTEM within 30 days after payment is made. RAFATECH SYSTEM will not accept any dispute in payment made after 30 days.
The coupon code has been applied to the invoice of the subscription will be given ONE DAY grace period after the end of expiring date to make successful payment. Customer is allowed to make payment under the grace period. RAFATECH SYSTEM has full right to cancel the invoice if there is no payment to be made.
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 RAFATECH SYSTEM itself such as RAFATECH SYSTEM is temporarily or permanently unable to fulfil the order partially or completely, RAFATECH SYSTEM reserves the right to partially or completely cancel or decline the order. RAFATECH SYSTEM also reserves the right to deliver the order with a similar specifications or higher. RAFATECH SYSTEM will notify CUSTOMER of such decisions. Once the service is delivered, it is the customer's responsibility to check and report back within 7 days for any discrepancies or related problems. RAFATECH SYSTEM will take the effort to rectify the problem including reinstall or replace the entire server without any charges. However if the report is made after 7 days, there will be a charge for any services rendered.
Customer agree that RAFATECH SYSTEM's entire liability to Customer, and Customer only remedy, in connection with any service provided by RAFATECH SYSTEM to Customer, and for any breach by RAFATECH SYSTEM, shall be limited to the fees Customer paid to RAFATECH SYSTEM for the particular service in contention. RAFATECH SYSTEM and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of RAFATECH SYSTEM's services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, RAFATECH SYSTEM's liability shall be limited to the smallest amount permitted by law. RAFATECH SYSTEM disclaims any loss or liability resulting from:
IP addresses that are blacklisted in any spam organizations such as SpamHaus or SpamCop will be temporarily suspended and all email services from the affected server will cease to operate to ensure no further damage would be incurred on the reputation of the IP block. A de-listing fee of RM400 is charged by the upstream service provider for every IP blacklist incident for case management and resolution. Depending on the nature and frequency of the spamming activity, a new IP may be assigned to the affected server as a last remedying solution to resume full email services. Rectification steps would only be taken provided that all spamming activities have receded permanently and the de-listing fee is paid.
To ensure 100% Customer satisfaction, RAFATECH SYSTEM provides 30 days money back guaranteed from the commencement date.
Requested refund on hosting account can be processed immediately within one (1) day in hosting credit form, and if Customer insists to get the refund by cash, will be processed within thirty (30) days from the commencement date through the same payment channel which Customer's use to make the payment.
Rest of the products such as domain name, SSL certificate, server co-location, and 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 yearly contract cancellation, RAFATECH SYSTEM will charge Customer according to the monthly package terms and conditions that may have higher monthly fees, setup fees and other miscellaneous fees involved. Any discount provided during yearly contract will be void if the yearly contract is cancelled. The refund will be calculated via having the total yearly paid minus the total charged as per monthly package terms and conditions.
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 Customer's root username and passwords for the server.
Customer will retain records of the terms and conditions of its package for future reference. RAFATECH SYSTEM 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 RAFATECH SYSTEM. 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, RAFATECH SYSTEM will not provide refund if it is discovered that Customer is running "short-lived" website for Customer's own interest. These websites are termed "short-lived" at RAFATECH SYSTEM's own discretion which including and not limiting to websites on political campaign, lawsuit, investment etc.
It is the customer's responsibility to ensure that Individual or company or organization that purchase Rafatech System product/s or service/s directly from customer (hereinafter referred to as "third-party”) is under the customer's own supervision as all third-party transactions and purchases are under the responsibility of the customer through separate terms and conditions, including separate fees and charges. Because of this:
RAFATECH SYSTEM's services are provided on an "as is" and "as available" basis. RAFATECH SYSTEM does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components. RAFATECH SYSTEM makes no express or implied warranties, including without limitation warranties of title, non-infringement, merchantability, or fitness for a particular purpose. No advice provided by RAFATECH SYSTEM or any of its representatives will create a warranty.
Customer agrees that it shall indemnify RAFATECH SYSTEM harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against RAFATECH SYSTEM, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless RAFATECH SYSTEM against liabilities arising out of;
RAFATECH SYSTEM will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if RAFATECH SYSTEM was advised in advance of the possibility of such damages. RAFATECH SYSTEM'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.
RAFATECH SYSTEM will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from:
RAFATECH SYSTEM's limitations and exclusions of liability apply equally to RAFATECH SYSTEM's officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.
Last updated: 7 January 2019
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