By accessing the Site or registering for or using the Services, you agree to these Terms in their entirety.
Notice of written cancellation is needed through the online client's account panel "ticketing system". In the event where cancellation is made after the anniversary billing date, the total refund will be deducted based on the days starting from initial anniversary billing date by dividing the day's services with the total cost of the services to represent the daily cost of the services.
Refunds & Disputes:
Any services procured during Promotional Event or discounts from WooVPN are non-refundable. Unless when services procured from WooVPN is not fit for purpose or does not serve the purpose. Clients seeking to resolve billing errors needs to open a ticket inside the Client portal. Full refunds will be provided for whatever reason to client within the 7 days of initial procurement if client bought the services/products in full price without promotional discount. To claim for refund client must log into client portal and click on request refund.In case where client requested a chargeback without opening a ticket to resolve dispute properly with WooVPN at first hand, client automatically agrees from there on to pay an additional charge of USD$50 as penalty.
Monthly Service Fees:
Fees for service ordered by the client shall begin on the date of the initial procurement date and that date shall be the monthly anniversary date (Anniversary Billing Date). Fees are due will be billed on the anniversary date of each month.
Service credits obtain from WooVPN's promotional event will be credited to your client account and shall be used to offset future payable services. Service credits will not be issued as cash back to the Client.
All payments are due in full on the Anniversary Billing Date. Warning mail will be send to client to make payment on the fifth (5) day after the anniversary billing date. Failure to remit payment for services within seven (7) consecutive days, starting from the Anniversary Billing Date, will result in termination of the service until payment is made.
Trademark and Copyright Act:
Client requires approval to use the WooVPN logo, WooVPN information, and related services in accordance with WooVPN's approved marketing guidelines. WooVPN agrees not to use Client name, logos, or information without prior written consent of Client.
By accepting the Master Service Agreement, Client agrees to use WooVPN's services solely for their intended purposes. CLIENT SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF WOOVPN'S SOFTWARE OR FILES. If Client violates or exceeds the Permitted Use, WooVPN reserves the right to immediately terminate Client's account and will pursue any and all legal remedies available.
All contract terms found herein shall be governed by Malaysian Law.
Each Party agrees to indemnify and hold harmless the other Party, the other Party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying Party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Limitation of Liability:
Except as described in the SLA, WooVPN shall not be liable to Client for harm caused by or related to Client's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this Master Service Agreement, the maximum aggregate liability of WooVPN and any of its employees, agents or affiliates, under any theory of law shall not exceed the amount paid by the Client for hosting services for the six months prior to the occurrence of the event(s) giving rise to the claim.
Any disputes arising from WooVPN's service or related to this Agreement or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the Australian Arbitration Association. The resulting judgment rendered by a licensed arbitrator may be entered in Malaysian court as having valid jurisdiction.
Acceptance of Client for this Agreement is made effective upon completion of online signup form(s) and completion of the ordering process incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement.