The following arrangements are the valid General Contractual Terms for Operation of Big Band Sdn Bhd services (hereinafter the “General Terms”) for the use of all of the services that a Provider offers to its Customers, and they apply to all business relationships between the Provider and each of its Customers.

These terms may be revised from time to time. A customer’s use of Big Band’s services after changes to the Terms are posted on Big Band’s web site, www.bigband.net.my, will constitute the customer’s acceptance of any new or additional terms that result from those changes.

Service
1. A service is understood as a specific service ordered by the Customer from BigBand (the Provider) offer and confirmed by BigBand
2. BigBand (the Provider) currently offers mainly the following services:
2.1 Server hosting
2.2 Leased Line
2.3 Content Delivery Network
2.4 NetFlow Analyzer
2.5 NetGAIN
3. The list of services can be changed based on BigBand current offer.

Order

1. By entering into this Agreement, the Customer makes clear their approval and understanding of the fact that it is required to state in orders and other forms and documents only truthful and current information about themselves and that in the event of any changes to such information, it is required to update it or ensure its updating in the BigBand customer portal database promptly. The Customer bears in mind and agrees that the BigBand is not responsible in any way for any damages of a financial, material or intellectual nature that arise for the Customer as a result of stating invalid and/or non-current information in the BigBand database and is not authorised to attempt to obtain reimbursement of any such arising damages from the Provider.

2. After entering into this Agreement and fulfilling other potential requirements (such as payment for the service or delivery of all necessary documents such as Service Level Agreement) the ordered service will be set up and put into operation for the Customer, and the Customer will also receive their unique access log-in for the administrative interface from which they will manage their services and their extent as well as all contact information. The Customer shall receive access information necessary for the use of each service that is put into operation.

3. The Customer must bear full responsibility for all orders, changes and modifications that were carried out from their administrative interface (BigBand Customer Portal) or using assigned log-in details for administration. The Customer bears in mind and agrees that they must on their own to the maximum extent possible protect their log-in data, used technology and all other sensitive information disclosed to them by BigBand in order to prevent their misuse by unauthorised persons to the maximum extent possible. As part of ensuring a higher level of security, the Customer is entitled on their own to change any of their access details at their own discretion.

4. The Customer bears in mind and agrees that BigBand shall send to the Customer’s contact email address commercial disclosures and information about renewal notice, new products and services and cannot be regarded as spam.

Fees and Payment Terms

The Customers are based on ‘PREPAY’ which in an ordinary meaning means payment received before rendering any services. The Customer shall promptly pay on demand by BigBand and at the times stipulated in such demand all charges, fees, rentals, costs or other amounts in connection with the Services. You shall continue to be liable for any applicable charges during the period of interruption or loss of Services from any cause whatsoever.

Fees for all service ordered by The Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

If Customers are unable to access the electronic invoicing service for technical reasons or the invoices received are in an unintelligible form, Customer must contact and inform BigBand immediately for the invoice concerned.

Customer is STRICTLY not allowed to perform any form of amendment or modification towards invoice issued by BigBand.

Customer must notify BigBand of any disputed charges within seven (7) days from the date of the invoice, otherwise Customer will be deemed to agree to such charges and BigBand will not be subject to making adjustments to charges or invoices.

Fees payable monthly, quarterly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates. The Customer will automatically be charged again at the end of their service prepay period unless The Customer has followed the Termination procedure.

The Customer will be responsible for the payment of all taxes, duties (including stamp duty), fees and other charges made by any government authority in relation to this Agreement (other than taxes payable on the overall income of BigBand Sdn Bhd).

The Customer must bear full responsibility to this Agreement’s Payment Term as Below:

• All monthly charged bills are required to settle within 7 days upon received invoice.

• All quarterly charged bills are required to settle within 15 days upon received invoice.

• All yearly charged bills are required to settle within 30 days upon received invoice.

Customer that have any unsettled invoices after their given due date will be suspended. If a further invoice falls due during the suspension of the Client’s account then this will be added to outstanding balance owed by the Client.

Customer are still liable to all unsettled outstanding after the reformatting of service equipment and MUST be settle accordingly.

The Customer is entitled to reinstate its suspended service with a Reinstatement Fee:

Reinstatement Fee for: Shared Hosting Account.

If BigBand suspends your shared account for non – payment, You shall be allowed to reinstate Your use of the Services within Thirty (30) business days of suspension upon approval from BigBand and full payment of balances due. A Reinstatement Fee as per Appendix A will be applied.

Reinstatement Fee for: Cloud Hosting, Reseller Account, Virtual Private Server (VPS), Dedicated Server, Co location Account.

If The Customer Cloud Hosting, Reseller Account, Virtual Private Server (VPS), Dedicated Server, Co location Account has been disconnect by BigBand for the reason of non – payment, The Customer shall pay a Reinstatement Fee as per Appendix A prior to any Reinstatement of Your server and notify BigBand with proof of payment via facsimile or email. Once payment received, The Customer account will be activated within twenty four (24) Business Hours.

BigBand may withdraw from this Agreement if the Customer remains failed to remit payment 30 days after the service was interrupted. Without prejudice to any other of its rights and remedies, BigBand will be entitled to remove The Customer’s data from its systems and any Equipment and/or put the Equipment to any use other than The Customer if any amount due under the Agreement is not paid within the time frame given of its due date for payment. BigBand is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Agreement.

The withdrawal from this Agreement shall take legal effect on the day when the withdrawal notification is delivered. BigBand does not guarantee the delivery of the notification to the Customer, and its sending to the Customer’s email address shall be regarded as its delivery.

Shared Hosting / Cloud Hosting / Dedicated Server / Co – Location Services

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies BigBand in accordance with the cancellation procedures below of the termination of services. All payment is in Malaysia Ringgit (MYR).

All services will be automatically renewed (except for hosting services) on their contract renewal date unless previously cancelled by either party according to the Termination procedures.

We offer a 30 day money back guarantee on all our accounts. If you decide to cancel your account for any reason within the first 30 days we will provide you with a full refund of all hosting costs paid by you to BigBand.

NO REFUND will be entertained, if customer SPAM from BigBand server, Hosting Illegal Content/Pirated/Warez/Unauthorized Software or Audio/Video Medias, Hosting pornography content, or a Link from BigBand’s hosted website. Any violation of policies which results in extra costs will be billed to the customer (i.e. reconfiguration of server, cleaning up IP address from those common RBLs, etc.)

BigBand is committed to providing a family friendly environment on the web. We are strict about our acceptable content because of this commitment. Never before have we been so bombarded with pornography and morally degrading material than by way of the Internet. We want no part of it.

All services provided by BigBand may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Malaysia, State or City law is prohibited. This includes, but is not limited to: fraudulent material, unauthorized media files (MP3s, MOV, AVI, WMV, Bit Torrent Seed and Others audio or Video File format), copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BigBand from any claims resulting from the use of the service which damages the subscriber or any other party.

All pornographic content and sex-related merchandising is prohibited on all BigBand servers, whether legal or illegal. This includes sites that may infer sexual content or links to adult content elsewhere. In addition, sites containing profanity or vulgar language are also prohibited.

Sites that promote any illegal activity or present content that may be damaging to BigBand servers or any other server on the internet are prohibited. Links to such materials are also prohibited. Examples of this material include pirated software, hacker programs or archives, and warez sites.

It is also prohibited to engage in activities, whether lawful or unlawful, that BIGBAND determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. BigBand will be the sole arbiter as to what constitutes a violation of these provisions.

The sending of unwanted/unsolicited bulk and/or commercial messages over the Internet (spamming) is STRICTLY prohibited. This includes sending spam from or through an BIGBAND server or using an e-mail address or domain that is maintained on a BigBand machine as reference. Spam has a negative impact on consumers and on our systems. It depletes server resources and opens BigBand up to denial of service or “nuke” attacks from recipients of spam.

In connection with this policy, the following activities are also prohibited:

• Maintaining an open SMTP relay.

• Forwarding or posting “chain letters” (multiple forwarding) of any type.

• Attempting to cancel, supersede, or otherwise interfere with e-mail messages other than one’s own.

• Engaging in harassment, whether through language, frequency, or size of messages.

• Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

BigBand will be the sole arbiter as to what constitutes a violation of this provision.

Any attempt to undermine or cause harm to a server, or customer, of BigBand is strictly prohibited.

We currently do not allow IRC or IRC bots to be operated on our servers.

As this is a shared server, customer should not be using more than 10% of the CPU resources for more than 15 minutes. We reserved the right to suspend customer’s website prior notice, due to the said website is overloading the server and affecting others client that hosted in the server.

Running programs in the background on a BigBand server without BigBand prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more than 1,000 emails a day and the like are not acceptable uses of BIGBAND’s servers. Usage of scripts or other utilities to direct pointed domain names to subdirectories without prior authorization from BIGBAND is prohibited.

Should any client on BigBand network use network or system resources beyond those explicitly provided to them by BigBand, including but not limited to, disk space or data transfer allowances, BigBand reserves the right to reclaim the resources, if possible, and make reasonable efforts to recover any costs and/or block continued use of the additional resources.

We do not want to limit your success. In fact our goal is to assist you in any way we can to ensure the success of your site. However, you should understand that your site is on a shared server with other sites. Any abuse by one user will affect all other clients on that server. If there is ever a problem we will make every reasonable effort to remedy the situation in a mutually beneficial way. BigBand will be the sole arbitrator in these matters.

It is acknowledged by users of BigBand services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on BigBand hosting servers.

BigBand offers commercially reasonable high-limit of disk space and/or other resources, such as bandwidth transfer, number of email accounts or FTP accounts. File quota limits are enforced to ensure system operating integrity and reliability and is limited to 30,000 files on 3GB Hosting plans, 50,000 files on 100GB Hosting plans and 100,000 on files on 200GB Hosting plan. The intention of reasonable high-limit of disk space on BIGBAND Shared Hosting is to provide ample resources for customer convenience, so that customers need not worry about exceeding limits.

System backups are made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content and information. If data loss occurs due to the negligence of the client in securing their account or by an action of the client, BigBand will attempt to recover the data from the most recent archive for a chargeable fee (refer to Appendix I).

BigBand maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

BigBand shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from BigBand servers going off-line or being unavailable for any reason whatsoever. Further, BigBand shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of BigBand servers. All damages shall be limited to the immediate termination of service.

The validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of Malaysia, without regard to its conflicts of laws principles.

BigBand reserves the right to refuse, cancel, or suspend service at our sole discretion.

All Sub-Networks, distributive hosting sites and dedicated servers of BigBand must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Customer may refer to BigBand in regards to any questions or complaints about violations of our policies thru email ([email protected]). BigBand reserves the rights to investigate each complaint Customer raised.

PROVISIONS OF SUPPORT SERVICES

1) Shared Hosting / Cloud Hosting / Reseller Hosting

BigBand Support Team shall response to Customer via phone or support tickets. The Customer may at any time issue a Support Ticket generated thru BigBand Customer Portal or by sending Email directly to [email protected]

Based on the information Customer provide BigBand in Customers’ support request ticket and after evaluation, BigBand Support team will place Customer request into one of these severity levels.

Expected response times will depend on the severity level.

Severity Level

Urgent

System is unavailable across all sites or a breach of security or privacy compromises a site. Site visitors are faced with HTTP 503 Service Unavailable messages or site administrators are unable to login.

High

Major functionality and/or display of website content are affected by a system defect which prevents website visitors and/or site administrators from interacting with the site.

Normal

Functionality or display of website content is compromised by user error or software defect that does not affect all sites and cannot be corrected without support staff assistance.

Low

Minor system defects or enhancement requests that may be resolved through software updates, maintenance cycles, or new feature roll outs.

Estimated Response Times

Severity 1: within 1 – 2 hours*

Severity 2: Within 2 – 3 hours*

Severity 3: Within 24 hours**

Severity 4: Within 48 hours**

All Others: Within 24-48 hours**

** On the first available business day.

The Customer must understand that the actual resolution of issues will depend on a number of factors including events or services outside of BigBand control.

BigBand Support Team is responsible for supporting BigBand direct Customer. Resellers are responsible for supporting their clients by isolating specific problems that may be encountered while using our services.

BigBand Support Team will not offer technical support for third party vendor products that are outside of the existing server extensions.

BigBand Support Team does not support third (3rd) party applications which have been installed on BigBand hosting servers. All Customers’ installed scripts must be configured by the customer, however, we will provide information regarding a servers’ specific configuration which is needed for such scripts to operate.

Smart Hand Service is compulsory to be charged for excessive trouble shooting and error correction of scripts which is the fault of the customer. Charges of Smart Hand Services are not covered by this Terms and Conditions.

2) Dedicated Server / Co – Location Service

The Customer may at any time call or issue a Ticket to BigBand Support Services. BigBand Support Team will provide Customer the support services in accordance with the terms provided in Schedule A for Dedicated Server Service and Co – Location Service and when BigBand received the ticket from the Customer.

Schedule A

Severity / Problem Level                                                                                                     Mean Time to Response    Mean Time to Repair

1 Critical Outage:Entire Internet connection down and Power failure                                          30 minutes                        8 Hours
2 Major Outage:Servers/ nodes affected; severe service degradation                                            2 Hours                          12 Hours
3 Minor Outage:Single user outage, Capacity degradation and redundant device down                4 Hours                          24 Hours
4 Important Event:Condition being monitored; resolved awaiting parts                                        8 Hours                 Second Business Day
5 Information Event:Request for Documentation                                                                   Next Business Day        Second Business Day

BigBand reserves the right to refuse providing any support to the Customer if the informed case or issue does not related to BigBand.

Website Content & Data

The Customer shall not distribute in content or data on the Website that hosted in BigBand with any material or other information that:

• infringes any intellectual property rights;

• is in breach of any law, statute, or regulation;

• is defamatory, libellous, unlawfully threatening or harassing;

• is obscene, pornographic or indecent;

• contains any viruses or other computer programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information; or

• is not solicited.

BigBand have the full rights to remove or temporary suspend the hosted website for maximum of 48 (forty eight) hours if Customer site has been found violate the rights of any third party.

BigBand reserve the right to re-suspend hosted website if Customer failed to amend alleged infringe content after a first attempted writing warning without prior notice, at our sole discretion, and without liability to you.

In appropriate circumstances, BigBand will also permanently suspend the website if the Customer is determined to be a repeat infringer failed to remove infringed content.

Termination of Service

All cancellation requests must be submitted by one of the following methods:

Customer may terminate this Agreement on the last day of any month by giving not less than thirty (30) days’ prior notice in writing to BigBand.

BigBand reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and returned.

Upon termination BigBand shall be permitted to disable your access to its Services and for it to delete any data stored on its computer systems.

Where the Customer’s services include the purchase of licensing for software by BigBand on behalf of the client, in the event of termination of the agreement by the Customer, BigBand are unable to refund any proportion of the software and/or licensing fees incurred.

Consequences of Force Termination of Service

In the event that Customer failed to provide payment due as obligations under this Agreement, and such default is not cured within fourteen (14) days after written final service recycle notice is given to the defaulting party specifying the default, then BigBand may terminate this Agreement without Prior Notice.

BigBand will without notice remove the Customer’s data from its systems and any Equipment after seven (7) days grace period after service force termination; that base on Customer failed to provide payment due under the given grace period after seven (7) days service interruption.

The Customer may retrieve Customer’s Content from the engaged Services with BigBand only if; Customer have fully paid any charges for any post suspension use of Services and all other amount listed appendix A

Service Suspension

All Accounts that have any unsettled invoices after their due date will be suspended. If a further invoice falls due during the suspension of the Customer’s account then this will be added to outstanding balance owed by the Customer.

During the suspension, BigBand will not erase any data or content in your engagement service with BigBand.

In the event of a suspension, BigBand reserves the right to charge Customer a fee for the Reactivation of the Services in accordance to Appendix A.

Appendix A

Charges By BigBand

Data Recovery Fee                                                                            RM 100.00

Reactivation Fee for Shared Hosting, and other services                  RM   50.00

Reactivation Fee for Dedicated Server and Co Location Service        RM 250.00