Unit 9B, 2/F Laurels Ind. Centre, 32 Tai Yau St., San Po Kong, KLN., HK
Dataport Limited is hereafter referred to as "Dataport".
Dataport is committed to providing a fair and consistent service to each of our valuable customers. We have thus put several policies in place to effectively deliver this promise. So, please spend a moment and familiarize yourself with our policies.DEFINITIONS
- "the Customer" means any company or person who has requested to use the Services.
- "Agreement" means any agreement between the parties which expressly or impliedly incorporates these Terms and Conditions as the context demands.
- "Fees" means the installation fee, monthly fee and other charges in respect of the Services published from time to time by Dataport.
- "AUP" means the Acceptable Use Policy
- "Services" means the services as described in the Agreement, Internet access, virtual web hosting, dedicated server hosting, hardware supply, and services offered by CommuniLink as the context requires.
- In consideration for payment of the Fees, CommuniLink 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. The Services for the term hereof subject to and in accordance with the terms and conditions hereof.
- The Customer is responsible for and must provide all equipments necessary to access the Services and must comply at all times with CommuniLink's requirements as regards mode of access and/or use of the Services. The Customer also agrees to abide by (1) the AUP and (2) any Agreement with CommuniLink.
- Upon the expiry of this Terms of Service or any subsequently extended term, these Terms of Service shall automatically be extended subject to the sole and absolute discretion of Dataport for another term of an equal length as that of the expiring term. For the avoidance of doubt, a term shall be automatically extended subject to the sole and absolute discretion of Dataport upon its expiry pursuant to this Clause, if the Customer has not terminated the Agreement by giving not less than 30 days written notice to Dataport prior to the expiry of that term.
- If Customer attempted to terminate the Agreement but by giving less than 30 days written notice to Dataport prior to the expiry of this term, and these Terms of Service are terminated by the Customer during such another term before its expiry for any reason, the Customer shall be liable to pay Dataport the full amount of all Charges for the whole of that another term or such portion of the Charges for the whole of that another term as shall be sufficient to compensate the loss and damages suffered by Dataport as a result of such termination as shall be determined by Dataport.
- In consideration for the provision of the Services, the Customer will pay to Dataport the Charges notified by Dataport to the Customer from time to time. The Subscriber will be solely responsible to pay any taxes and other charges arising in relation to its use of the Services. Dataport will issue invoices for the Charges to the Customer by electronic mail. All Charges are due and payable on presentation of the invoice therefor.
- If a payment due by the Customer to the Company under the Agreement is not received by the Due Date the Customer shall pay interest in respect of the overdue amount calculated daily from the Due Date until the date of payment at an interest rate equal to 2% above the prime lending rate of The Hongkong and Shanghai Banking Corporation Limited as current from time to time. The Company may also impose additional charges to cover its reasonable expenses and costs incurred in recovering outstanding amounts due under this Agreement (including the cost of engaging a debt recovery agent or instituting legal proceedings). Dataport reserves the right to terminate the service without any advance notification due to violation of the payment agreement, or deduct any overdue payment and incurred charge from service prepaid invoice of any account under the same Customer (i.e. under same account owner name). After the deduction of the outstanding, the balance will be used to recalculate the service period by the original price on a pro-rata basis.
- Any payment or any part or parts thereof already made for a term or part or parts thereof will not be refundable (unless otherwise agreed by Dataport) .The Customer shall be deemed to have waived all rights to such payment already made or any part or parts thereof paid for the term or the unexpired portion of the term (where applicable).
- The Customer shall be entirely responsible for all use of the Services and agrees to indemnify CommuniLink against all and any loss, claims or liability arising, directly or indirectly, and in any jurisdiction. 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 or perform any activity 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.
- 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 Dataport nor any of its directors, employees or agents warrant that the Services will be uninterrupted or error free, or give any warranty for any data security, ownership or as to the results to be obtained from use of the Services. In no event will Dataport or its directors, employees or agents be liable 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 but not including death or personal injury.
- The Customer will at its own expense maintain and keep all Equipment in good working order during the terms of the Agreement. Customer is solely responsible for the activity that occurs on their Account, whether authorized by the Customer or not. The Customer must keep your Account information secure, including without limitation your Account ID, CCP user login and password, servers IP, logins and passwords, control panels logins and passwords and mailboxes logins and passwords.
- Any Internet Protocol address(es) allocated by Dataport to the Customer, remain(s) the property of Dataport and must be returned to CommuniLink. 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 "Dataport " in any way as a business or company name or trade mark.
- If Dataport is appointed as service provider of Transfer DNS / FTP / Email / Database Data, the Customer shall provide Dataport all the required Login information and documents. The Customer agrees that under no circumstances is Dataport liable for any of the following, 1) loss of, or damages to customer’s record or data; or 2) special, incidental, or indirect event results in any economic consequential damages (including profits, savings lost or legal claims from any party) due to service starting delayed, even if Dataport is informed of the possibility.
- If the Customer is in breach of any of the terms of the Agreement, or affects the daily operation of Dataport or network or other users, Dataport 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. Dataport will not be liable for any loss due to the suspension or termination and reinstatement will be at the sole option of Dataport and upon such terms and conditions as it shall determine.
- Subject to the express terms of the Agreement Dataport will not be liable to the Customer for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise, including without limitation for any loss of revenue, profits, business, contracts or data, or for any anticipated savings, business interruption or downtime.
- Dataport shall not be liable to the Customer or Users for any loss and damages which he/they may sustain attributable or related to any event. By using or continuing to use or accept the Services, the Customer and Users irrevocably and unconditionally agree to waive and forgo any claim that he/they may have which are attributable or related to any event against Dataport.
- The Customer agrees to indemnify and hold harmless Dataport for all actions, claims, costs, losses, damages and expenses arising out of the Customer 's use of the Services. The Customer agrees to indemnify and hold harmless Dataport for all claims, proceedings and costs (including legal costs) brought by any third party in relation to the Customer ’s use of the Services.
- 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. This terms and conditions have been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.
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