White Waves

High Performance Dedicated Server policy

­Racks Central Pte Ltd may, at any time at its sole, modify any of the terms and conditions contained in this policy and any policies incorporated by reference. All modifications are effective upon posting of the revisions Racks Central website (herein known as the "Site"). With the customer's perpetual use of the services following posting of any modifications or revisions on the site, constitutes the acceptance of these modifications or revisions by the customer.

 

       TERMS OF SERVICE

 

  1. RENEWAL OF SERVICE. Upon expiry of the initial contracted term, the subscription for the Service shall be automatically renewed based on the same terms and conditions herein, unless Racks Central Pte Ltd or the customer gives written notice at least ONE (1) month before the expiry of the current term to request for service termination. The Customer will incur charges for 100% of each month's fee for the remaining contract term if early termination of service is effected by the Customer.

 

   2. OWNERSHIP OF SERVER. The customer acknowledges that the high performance dedicated server is a property under the                       ownership of Racks Central Pte Ltd and shall not, under any circumstances, pledge the server as collateral assets to secure loans,           procure contracts or for any other purposes.

   3. SERVICE LEVEL AGREEMENT. Racks Central Pte Ltd provides the customer with the following service levels and standard, or                       otherwise stated in Racks Central Pte Ltd Master Service Agreement (herein known as the “MSA”)

  • 99.95% power availability to your server(s).

  • 99% network availability and connection to your server(s).

  • Provision of at least 24 hours written notice prior to any scheduled downtime, either via email sent to the customer's email address

  • Provision of round-the-clock technical escalation to Racks Central NOC team.

  • In the event of hardware failure, parts will be speedily replaced within ONE (1) working day.

  • Customer acknowledge that the “High Performance Dedicated Server” service provided by Racks Central Pte Ltd is 100% UN-MANAGED, and all data backups and restoration will be the responsibility of the customer.

   4. SITE SUPPORT SERVICE. Racks Central Pte Ltd will provide remote hand service, as stated in Racks Central customer handbook at         NO additional cost to the Customer.

       Smart hands will be deem as a chargeable service rendered by  Racks Central Pte Ltd and sales quotation has to be duly                       acknowledged and endorsed before task commencement.

  • SCHEDULED MAINTENANCE AND DOWNTIME. Racks Central will provide notification to customers at least 24 hours and undertake reasonable effort to minimize service disruptions prior to any periodic maintenance ("Scheduled Downtime"),

       For any unscheduled service disruptions beyond Racks Central control, including but not limited to the interruption or failure of                 upstream provider connectivity, hostile network attacks, network congestion or other failures, Racks Central will take reasonable             effort to restore service or workaround to mitigate disruptions.

       Racks Central will not assume responsibility for any downtime or disruption arising directly from a customer action on the                          dedicated server.

   

   5. ILLEGAL MATERIAL. Customer shall not, in any way, use the server for the staging or disseminating of any illegal, immoral or un                   ethical content. The hosting of, reference to or linking to any of the following materials is strictly prohibited.

  • Illegal Material: Includes Copyrighted Works, Commercial Audio, Video or Music files.

  • Adult Oriented Material: Includes any form of pornography, obscenity and erotic graphics/images.

  • Warez: Includes Pirated Software, Hacking, Cracking, Hacker's or Cracker's aids/tools

  • Spamming of mass, unsolicited emails for any purpose whatsoever while using our server is strictly prohibited.

  • Distribution of copyrighted MP3s, music files, video Files, software or any other type of files which require the usage of an inordinately high amount of bandwidth is strictly prohibited.

  • Promotion of terrorist acts against individual/group.

  • Malicious acts against an individual/group.

  • Threatening acts against an individual/group.

  • Promotion of Online Gambling

  • The breach/infringement of any applicable laws/regulations.

       

       Customer acknowledges that any use by customer and/or its end users of the services in breach of the acceptable usage could            subject customer and/or its end users to criminal and/or civil liability

   

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CHANGE OF PARTICULAR. It shall be the responsibility of the Customer to notify Racks Central in writing of any changes to the customer's personal particulars in a timely manner.

 

PAYMENT TERM. The Customer agrees to pay service fees and any other fees in full promptly. Penalties will be incurred and shall be levied for overdue accounts. Services provided by Racks Central Pte Ltd to the Customer may be suspended or terminated if fees are not paid in full by their due date. Racks Central Pte Ltd shall not be held responsible in any way for any server/website downtime, loss of data or damages incurred by the Customer arising from the disruption of service due to outstanding service fees. Customers are to refer to Racks Central Payment policy for further reference.

 

CONTRACT BASIS. Payment shall be made in full and prior to the contract period. A renewal notice will be issued ONE (!) month prior to expiry of present service period for the following month's service if there is no official response from customer by the last service date, Racks Central will assume customer discontinuation of service and will effect termination without further notice to customer.. All reminders to make payment will be sent via email only. Customer shall not hold Racks Central Pte Ltd accountable for non-receipt of renewal notifications if Customer has not periodically updated Racks Central Pte Ltd with mailing/email address changes. We reserve the right to impose an administrative charge for re-activation of Customer's service account.

 

REFUND POLICY. Racks Central Pte Ltd do not provide a refund policy for its High Performance Dedicated Server services. All packages will have a minimum ONE (1) month contractual commitment upon sign up.

 

TERMINATION. Racks Central Pte Ltd reserves the right, at its sole discretion, to terminate the Customer's access to any or all services at Racks Central Pte Ltd without prior notice for any reasons, including and without limitation, if Racks Central Pte Ltd believes that the Customer has violated this agreement. The Customer may terminate this agreement by providing one (1) month written notice to Racks Central Pte Ltd. No refunds will be provided. Upon the termination or expiration of this agreement, the Customer agrees to settle in full all outstanding, unpaid fees remaining.

 

GOVERNING LAW. This agreement shall be governed by Singapore law, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (No 25. of 1998), and the Customer hereby agrees to submit to the jurisdiction of the Singapore courts. Customers of Racks Central Pte Ltd are required to comply with all local laws and regulations.

 

DISCLAIMER. Racks Central Pte Ltd shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Racks Central Pte Ltd has been advised of the possibility of such damages prior to their occurrence), resulting from: (i) the use of or inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of Customer's transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon.. Racks Central Pte Ltd reserves the right to revise or review its policies at any time.