TERMS
and CONDITIONS:
ACCEPTANCE
OF USE
Before registration for asiaEP EPHit program,
please read very carefully these terms and conditions.
Participation in the asiaEP EPHit program indicates
that you accept and are bound by the terms and
conditions described in this document ("Terms
and Conditions"). If you do not accept
these terms and conditions, please do not register
for or participate in the asiaEP EPHit program.
INTRODUCTION
This agreement ("Agreement") between
You and asiaEP Berhad ("asiaEP") consists
of these asiaEP EPHit program (the "Program")
Standard Terms and Conditions ("Terms and
Conditions"). It covers your use of asiaEP
Services, which includes software, Internet
marketing program, communication forums, product
information, eCommerce, eSolution and other
services. We refer to these all as the "Web
Sites. "You" means any entity
identified in an enrollment form submitted by
the same of affiliated persons, and/or any agency
or network acting on its (or their) behalf,
which shall also be bound by the terms of this
Agreement, effective from the date of your use
of the program.
USE
OF SERVICE
This Agreement concerns your purchase of a service
in which asiaEP agrees to host your website
and send web traffic to a URL specified by you.
Furthermore, your website or web page must comply
fully with the following conditions:
1.
asiaEP WILL NOT accept websites that contain,
provide, or link to content that is not appropriate
for viewing by the general public (We determine
what is appropriate). The following are examples
of the type of sites we WILL NOT deliver web
traffic to:
·
Sites with sexual or erotic material, pornography,
or adult business (except buying a special package).
· Sites containing or linking to software
piracy, pirating, spamming, hacking, excessive
violence, obscene or vulgar language, abusive
content, illegal schemes, false investment advice
or deceptive money-making opportunities or ANY
form of illegal activity or material, etc.
2.
Your website or web pages may not contain scripts
that alter users browser settings, contain any
frame breaking codes, or forwarding codes.
3.
If your site is changed during the campaign
such that it includes inappropriate content,
asiaEP will stop your program immediately. You
WILL NOT be entitled to a refund.
4.
asiaEP cannot be held responsible for factors
beyond our control that may interfere with our
ability to deliver web traffic to your URL.
Such factors include, but are not limited to:
downtime on your server, overuse of your bandwidth
quota (if applicable), errors on your site and
network outages beyond our servers.
5.
asiaEP's statistics or report will serve as
the official record of traffic delivered.
6.
asiaEP DOES NOT AND CAN NOT GUARANTEE SALES.
We will promote your site and give you massive
exposure, but your product or service must make
the sale. What we guarantee is that you will
receive the number of web traffic to your site.
7.
IMPORTANT: Due to different tracking systems
measure traffic differently, we will go ONLY
by our tracking system to measure the total
amount of web hit traffic we have delivered
to your website.
8.
This Agreement is the entire agreement between
you and asiaEP and supersedes any other understandings
or agreements, including, but not limited to,
advertising with respect to the service.
9.
If any provision of this Agreement is deemed
invalid or unenforceable by any jurisdiction
or government agency having jurisdiction, that
particular provision will be deemed modified
to the extent necessary to make the provision
valid and enforceable and the remaining provisions
will remain in full force and effect.
CHARGES
AND BILLING
a.Payment
method. asiaEP bills you through an online account
(your billing Account) for the service. You
will pay asiaEP all charges at the prices then
in effect for the service ordered using your
Billing Account, and you authorize asiaEP to
charge, and you agree to reserves the right
to correct any errors or mistakes that it makes
even if it has already requested or received
payment. If you have ordered the Service on
the 29th, 30th or 31st day of a month, then
the anniversary date of your billing period
will be deemed to be the 1st day of the month.
You represent that you are authorized to use
the Payment Method.
b.You must provide current, complete and accurate
information for your Billing Account to receive
the Service. You must promptly update all information
to keep your Billing Account current, complete
and accurate, including change in billing address,
credit card number or credit card expiration
date. You must promptly notify asiaEP if your
Payment Method is canceled due to, for example,
loss or theft, or you become aware of a potential
breach of security, such as the unauthorized
disclosure or use of your user name or password.
c.Trial
Period Offers. If you are participating in a
trial offer you must terminate the Service by
the end of the applicable trial, avoid incurring
applicable charges. If you do not terminate
your trial by end of the trial period, then
you hereby authorize asiaEP to charge your payment
Method for the service.
d.Prices and price increases. With reasonable
notice, asiaEP may change the pricing of the
service, from time to time. If there is a specific
duration and price for the service thereafter
will be at the new price. If you do not agree
to such change, then you must stop and cancel
after the effective date of such change constitutes
your acceptance of and agreement to such change.
If you terminate your Service, then such termination
will be effective at the end of your current
Service term or, if your account is billed on
a period basis, at the end of the period in
which you provide such notice. The charges for
the service are payable in advance, unless stated
otherwise.
If
the amount to be charged to your Billing Account
varies from the amount you have preauthorized,
you have the right to receive, and asiaEP will
provide, notice of the amount to be charged
and the date of charge at least 10 days before
the scheduled date of the transaction. Your
agreement with your Payment Method Provider
will govern your use of that Payment Method.
You agree that asiaEP may accumulate charges
incurred during one or more of your monthly
billing cycles and submit them as one or more
aggregate charges at any time.
asiaEP
may continue to submit all recurring or periodic
charges for the Service without further authorization
from you, until you provide prior notice (confirmed
in writing upon request) that you have terminated
this authorization or wish to change your Payment
Method. Such notices will not affect charges
submitted before asiaEP reasonably could act.
e.Refund Policies. All charges are not refundable
unless expressly stated otherwise, or otherwise
provided by applicable law. The costs of any
returns if permitted will be at your expense,
unless otherwise provided by applicable law.
f.Online Statement. It is your responsibility
to print or save a copy of your Online Statement
and to retain this copy for your records.
You
may request a paper copy of your Online Statement,
but you will be charged a retrieval fee. Paper
copies of your Online Statement will only be
provided for a period of 120 days from the date
of Online Statement. Your inability to view
an Online Statement does not extend, or relieve
you of, your obligation to pay any amounts owing
to asiaEP. To the maximum extent permitted by
applicable law, unless you notify asiaEP of
any error within 120 days after it first appears
in any Online Statement, such statement will
be deemed accepted by you for all purposes,
including, without limitation, resolution of
inquiries made by your Payment Method Provider.
To
the Maximum extent provided by applicable law,
you release asiaEP from all liability and claims
of loss resulting from any error that is not
reported to asiaEP within 120 days after the
error first appears on your statement.
g.Due
date; Late Charge. All amounts that you owe
asiaEP must be paid in full on the date such
payment is deemed due by asiaEP. You shall pay
any late charges that asiaEP assesses on amounts
due but not timely paid. The late charge will
be the lesser of 1% per month (or 12% per annum)
on the total amount due but not paid or the
maximum rate that is permitted by law. asiaEP
reserves the right to refer your Account to
a third party for collection in the event of
default. You agree to pay all costs incurred
in the enforcement of this Agreement and in
collection of any delinquent amounts due, including
reasonable attorneys fees and other legal fees
and costs.
h.Default:
A USD20 from your mobilization fees will put
as a deposit where if asiaEP does not receive
payment for any charge to your Billing Account,
USD20 will be in default and asiaEP may suspend
or cancel the Service and your access to the
Service. If your payment Method Provider seeks
return of payments previously made to asiaEP,
but asiaEP in good faith believes that you are
liable for the charges, then, subject to applicable
law, asiaEP may seek payment from you and you
will also be in default.
SUSPENSION
OR TERMINATION
a. asiaEP's Suspension or Termination. asiaEP
may terminate or suspend your access to the
Service at any time and for any reason without
notice. We may terminate your access to the
Service for inactivity. We define inactivity
as failing to sign in to the Service for an
extended period, as determined by us. Upon termination
or suspension, your right to use the Service
will stop right away. You may not have access
to data that you stored on the Service after
we suspend or terminate the Service. You are
responsible for backing-up your data that you
use with the Service. If we cancel your Service
in its entirety without cause, we will refund
to you on a pro-rata basis the amount of your
payment corresponding to the portion of your
Service remaining right before we terminated
your Service. asiaEP has the right to suspend
or terminate forthwith without notice any of
its services in the event of any outstanding
payment due from you to asiaEP.
b.
Your Termination of Service. You may terminate
the Service at any time by following the instructions
in the member center. If you are participating
in trial period offer, you must cancel the Service
by the end of the trial period to avoid incurring
charges. As soon as you cancel the Service,
your right to use it stops right away. You may
not have access to data that you stored on the
Service after you terminate the Service. You
are responsible for backing-up your data that
you use with the Service. Termination of the
Service by you will not alter your obligations
to pay all charges made to your Billing Account.
Certain Services may include cancellation charges.
You are obligated to pay those cancellation
charges as specified in the materials about
the Services.
MONITORING
YOUR USE
To the extent permitted by law, we may monitor
your use of the Service and remove or disclose
your information or content to
a)ensure
your compliance with this agreement,
b)satisfy any legal requirements or process,
or protect our rights or the rights of others.
MATERIALS YOU POST OR PROVIDE
You may be able to post or provide materials
in publicly accessible areas for use in connection
with the Service. asiaEP does not claim ownership
of these materials. By posting or providing
them, you give to asiaEP the rights to use,
copy, modify, transmit, distribute and display
the materials, publish your name with the materials,
and give these rights to the public. You represent
and warrant that you own or control all rights
to the materials you post or provide. These
rights apply only to legal materials and legal
use of them. We will not pay you for your materials.
We may remove them at any time.
PERFORMANCE
AND USAGE DATA
We may collect performance and usage data to
evaluate and improve the Service. This data
will not personally identify you.
THIRD
PARTY DEALINGS; THIRD PARTY WEBSITES
You are responsible for your dealings with any
third party (including advertisers) through
the Service, including delivery of and payment
for goods and services. We are not responsible
for any third party content or web sites that
you access with the Service. You shall indemnify
asiaEP for any losses, expenses or damages suffered
by asiaEP by reason of any claims or demands
by third parties arising in any way howsoever
form the use of the materials forwarded by you.
LIMITATION OF LIABILITY
asiaEPs sole liability under these Terms
and Conditions, whether arising under contract
or otherwise shall be limited to refunding the
charges paid by you. Under no circumstances,
will asiaEP be liable to you for any consequential,
special or indirect damages. This limitation
applies to
any
matter related to the Service,
any matter related to materials you post or
provide,
any matter related to third parties' Internet
sites and content (including code), third party
programs and third party conduct,
any matter related to viruses or other disabling
features that affect your access to or use of
the Service,
any matter related to incompatibility between
the Service and other services, software and
hardware,
any matter related to delays or failures you
may have in initiating, conducting or completing
any transmissions or transactions in connection
with the Service,
any matter related to your failure to back up
your data on the Service,
use of the Service by any third party to whom
you have given access to the Service or your
data,
illegal or criminal activities, including security
breaches, and
claims for breach of contract, breach of warranty,
guarantee or condition, strict liability, negligence,
or other tort to the extent permitted by applicable
law.
It
also applies even if
this
remedy does not fully compensate you for any
losses, or fails of its essential purpose, or
asiaEP knew or should have known about the possibility
of the damages.
EXCLUSIVE
REMEDY
If you have any dispute or claim with or against
the asiaEP Parties regarding the Service and
this agreement, your only remedy is to stop
using the Service.
LIMITED
TIME TO BRING CLAIM.
asiaEP and you agree that any cause of action
arising out of or related to the Service must
commence within one (1) year after the cause
of action accrues. Otherwise, such cause of
action is permanently barred.
INDEMNITY.
You agree to defend, indemnify and hold the
asiaEP Parties harmless from and against any
and all claims, losses, liability costs and
expenses (including attorneys' fees) arising
from your violation of this contract or any
third-party's rights. These obligations survive
the termination of this contract or your use
of the Service.
TERMINATION
These Terms and Conditions are effective until
terminated by either you or asiaEP. You may
terminate these terms at any time by discontinuing
use of the Program. Please note that, all fees
will be charged depend on your website hit rates
and payment will be redeemed from your mobilization
fee. Kindly refer to EPhit Traffic Hit Rate
Table. A USD50 minimum balance is required to
maintain your account. We will alert you to
top up your mobilization fee by sending you
an e-mail at the last e-mail address that you
provided us. You are responsible for updating
your personal information to provide us your
current e-mail address to avoid inconvenience.
Each top up credit is USD50.
END
OF AGREEMENT
asiaEP Berhad reserves the right, at asiaEP's
sole discretion, to change, modify, update,
add, or remove portions of the Terms and Conditions
at any time without notice to you. Please check
these Terms and Conditions for changes. Your
continued use of this service following the
posting of changes to the Terms and Conditions
will mean you accept those changes. The Terms
and Conditions shall be governed by and constructed
in accordance with the laws of Malaysia.
Term of use
ACCEPTANCE
OF USE
Before registration for asiaEP EPHit program,
please read very carefully these terms and conditions.
Participation in the asiaEP EPHit program indicates
that you accept and are bound by the terms and
conditions described in this document ("Terms
and Conditions"). If you do not accept
these terms and conditions, please do not register
for or participate in the asiaEP EPHit program.
INTRODUCTION
This agreement ("Agreement") between
You (Web Site) and asiaEP Berhad
("asiaEP") consists of these asiaEP
EPHit program (the "Program") Standard
Terms and Conditions ("Terms and Conditions").
"You" means any entity identified
in an enrollment form submitted by the same
of affiliated persons, and/or any agency or
network acting on its (or their) behalf, which
shall also be bound by the terms of this Agreement,
effective from the date of your use of the program.
USE
OF SERVICE
This Agreement concerns your purchase of a service
in which asiaEP agrees to host your website
and send web traffic to a URL specified by you
("Web Site"). Furthermore, your website
or web page must comply fully with the following
conditions:
1.
asiaEP WILL NOT accept websites that contain,
provide, or link to content that is not appropriate
for viewing by the general public (We determine
what is appropriate). The following are examples
of the type of sites we WILL NOT deliver web
traffic to:
Sites
with pornography, sexual or erotic material,
or adult business opportunities (except buying
a special package).
Sites containing or linking to software piracy,
pirating, spamming, hacking, excessive violence,
obscene or vulgar language, abusive content,
illegal schemes, false investment advice or
deceptive money-making opportunities or ANY
form of illegal activity or material, etc.
2.
Your website or web pages may not contain scripts
that alter users browser settings, contain any
frame breaking codes, or forwarding codes.
3.
If your site is changed during the campaign
such that it includes inappropriate content,
asiaEP will stop your program immediately. In
this case, you WILL NOT be entitled to a refund.
4.
asiaEP cannot be held responsible for factors
beyond our control that may interfere with our
ability to deliver web traffic to your URL.
Such factors include, but are not limited to:
downtime on your server, overuse of your bandwidth
quota (if applicable), errors on your site and
network outages beyond our servers.
5.
asiaEP's statistics or report will serve as
the official record of traffic delivered.
6.
asiaEP DOES NOT AND CAN NOT GUARANTEE SALES.
We will promote your site and give you massive
exposure, but your product or service must make
the sale. What we guarantee is that you will
receive the number of web traffic to your site.
7.
IMPORTANT: Due to different tracking systems
measure traffic differently, we will go ONLY
by our tracking system to measure the total
amount of web hit traffic we have delivered
to your website.
8.
This Agreement is the entire agreement between
you and asiaEP and supersedes any other understandings
or agreements, including, but not limited to,
advertising with respect to the service.
9.
If any provision of this Agreement is deemed
invalid or unenforceable by any jurisdiction
or government agency having jurisdiction, that
particular provision will be deemed modified
to the extent necessary to make the provision
valid and enforceable, and the remaining provisions
will remain in full force and effect.
10.
Domain name will be registered with asiaEP as
domain name registrar, with you as registrant
(Owner). You are not allow to transfer the domain
name to another registrar for 60 days after
signing up with Exportmate. Note that once you
cancel Exportmate services, you are responsible
for paying annual registration fee for the domain
name.
Material
you post or provide
You
may be able to post or provide materials (including
feedback) in publicly accessible areas of the
Web Sites for use in connection with the Web
Sites. asiaEP does not claim ownership of these
materials. By posting or providing them, you
give asiaEP the rights to
1)use,
copy, modify, distribute, transmit and display
the materials,
2)publish your name with materials, and
3)give these rights to the public
These
rights apply only to legal content and legal
use of it. We will not pay you for your materials.
We may remove them at any time. You must have
the rights needed to give us there rights.
Changes
to website, suspension and termination
asiaEP
may change the websites at anytime without notice.
We also may terminate this agreement or suspend
your access to the web sites at any time for
any reason without notice. Upon termination
or suspension, your right to use the web sites
will stop right away. You may not have access
to any data you have stored on the website after
we suspend or terminate your access or this
agreement.
3) Limitation of liability
To extent permitted by law you cannot recover
any damages from asiaEP Parties including direct,
consequential, lost profits, special, indirect
or incidental damages. This limitation applies
to:
any
matter related to the web sites.
any matter related to materials and information
posted on the web sites, including content,
media elements, templates and documents,
any matter related to third parties Internet
sites and content (including code) third party
programs and sites,
any matter related to incompatibility between
the Web Sites and other services, software and
hardware,
any matter related to delays or failures you
may have in initiating, conducting or completing
any transmission or transaction in connection
with the web sites,
illegal or criminal activities, including security
breaches,
claims for breach of contract, breach of warranty,
guarantee or condition, strict liability, negligence,
or other tort to the extent permitted by applicable
law.
It
also appliers even if:
this
remedy does not fully compensate you for any
losses, or fails of its essential purpose; or
the asiaEP Parties knew or should have know
about the possibility of the dames.
Your exclusive remedy
If you have any dispute or claim with or against
the asiaEP Parties regarding the web sites and
this agreement, your only remedy is to stop
using the Web Sites.
END OF AGREEMENT
asiaEP Berhad reserves the right, at asiaEP's
sole discretion, to change, modify, update,
add, or remove portions of the Terms and Conditions
at any time without notice to you. Please check
these Terms and Conditions for changes. Your
continued use of this service following the
posting of changes to the Terms and Conditions
will mean you accept those changes. The Terms
and Conditions shall be governed by and constructed
in accordance with the laws of Malaysia.