General Terms and Conditions

This document is to clarify the rights and responsibilities as a customer/user of all Big Band Sdn Bhd Services. All Users are required to comply with this document and all applicable laws and regulations in full, in addition to all terms and conditions of applicable agreements, and any additional policies that may be applicable to any services offered by Big Band Sdn Bhd from time to time. This Agreement shall be read together collectively as part an integral of the Quotation and/or proposal issued by Big Band Sdn Bhd.

1. Definitions

2. Representations and Warranties

3. Description of Service

4. Term

5. Payment Term

6. Testing and Acceptance

7. Use of Customer’s Content

8. Use of THE HOST’s Property

9. Availability of Services

10. Customer’s or its End User’s Content

11. Support Services

12. Uptime and Downtime

13. Maintenance

14. Customer’s Obligations

15. Storage and Security

16. Confidential Information

17. Indemnification

18. Limitation of Liability; Waiver and Release

19. Force Majeure

20. Disclaimer

21. Suspension

22. Termination

23. Consequence of Expiry or Termination of Agreement

24. Miscellaneous

25. Governing Law and Settlement of Dispute

26. Security Deposit

27. Payments

28. Disputes Relating to Invoices

Colocation Agreement

THIS AGREEMET IS MADE ON THIS DAY OF 2018 between the person or company named in the 1st column (“BBSB”) and the person or company named in the 2nd column (“Customer”) as stated in schedule A.

This Agreement, including the Schedule of Equipment and the Service Level Agreement attached hereto (collectively, “Terms and Conditions”) is made a part of the document entitled, “SERVICE ORDER FORM” (the “SOF”) entered into and executed by and between BIG BANG SDN BHD (“BIG BAND”) and the Customer identified in the Service Order Form as stated in Appendix A.

The term “Agreement” collectively shall mean these Terms and Conditions, the SOF and the Acceptable Use Policy. These Terms and Conditions are incorporated by reference into the SOF as if fully set forth therein. BIG BAND and Customer acknowledge and agree that upon execution of the SOF, they shall be legally bound by the Agreement. Further, capitalized terms not defined in these Terms and Conditions shall have the same meaning as in the SOF.

LEASE AND LICENSE

TENURE

RIGHT/PURPOSE OF USE

FEES, CHARGES AND LIEN

PAYMENT OF FEES; DUE LATE; SUSPENSION OF SERVICE; DEFAULT INTEREST

TAXES AND GST

OBLIGATIONS

INSURANCE COVERAGE

INDEMNITY

DATA PROTECTION AND DISCLOSURE OF INFORMATION

DISCLAIMER OF WARRANTIES

DEFAULT BY CUSTOMER

REMOVAL OF EQUIPMENT

DEFAULT BY BIG BAND

ASSIGNMENT

GOVERNING LAW

NO WAIVER

LIMITATION OF LIABILITY

NOTICES

DISPUTE

FORCE MAJEURE

SEVERABILITY

RELATIONSHIP OF PARTIES

THIRD PARTY BENEFICIARY RIGHTS

CONTINUING OBLIGATIONS

ENTIRE AGREEMENT

SUCCESSOR'S BOUND

NO DISCLOSURE IN PUBLIC STATEMENTS

TIME IS OF THE ESSENCE

STAMP DUTY

CONCLUSIVE EVIDENCE

CONFIDENTIALITY

Service Level Agreement

BIG BAND agrees to and shall provide the Services to the Equipment in the Space in accordance with this Service Level Agreement. Capitalized terms not defined herein shall have the same meaning as in the SOF and the Agreement:

1. Data Center Power and Cooling Service Level Availability