Last
Modified—04/07/2007
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All
users of X-synergy Group Pte Ltd (otherwise known as X-synergy)
services, and all customers upon signing up for X-synergy's
services, agree to comply with X-synergy's Terms of Use
("TOU"). The spirit of the TOU is to ensure customers are
using X-synergy's services in conformity with the requirements
of X-synergy's environment. The TOU are not exhaustive and
X-synergy reserves the right to add, delete, or modify any
provision of its TOU at any time without notice, effective
upon either the posting of the modified TOU to www.x-synergy.com
or notification of the modified TOU. Any complaints about
a customer's violation of the TOU should be sent to info@x-synergy.com.
The TOU supersedes any other agreement with X-synergy, whether
written, oral, by conduct, or otherwise. |
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A.
X-synergy Virtual Office Solutions
B. X-synergy Webhosting & Ecommerce Customer Restrictions
C. All X-synergy Customer Terms of Use
D. All X-synergy Customer Billing Policy
A.
X-synergy Virtual Office Solutions
The following Terms of Use apply only to X-synergy's Virtual Office
Customers:
The
terms of use is supplemented by the terms in sections
C and D that apply to all X-synergy customers. All currencies
online are in local Singapore Dollars unless otherwise
stated. Payment via Paypal will be in USD/ SGD currency only.
The amount reflected on all prices online and on marketing
materials is in Singapore and US dollars, net amount and should
not include bank charges or any financial service charges
incurred. Any other cost, bank charges or financial cost
will be borne by the customer. Cheques should be cross
and made payable to: “X-SYNERGY GROUP PTE LTD", For all Virtual Office packages, call answering and telemarketing packages, the phone answering services will not be included during the lunch hour from 1300 to 1400hr, local time. Charges apply for clients who wish to take up the phone answering services during the said period. Kindly contact your local sales representative for the charges.
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X-synergy
allows customers the use of conference room & workstation
facilities inside the X-synergy office premises as long
as the use of them does not violate any of the following:
- not
to cook or permit to cook in the above mentioned premises,
- not
to reside in or permit any person to reside in any part
of the mentioned premises or use the same or permit
the same to be used for sleeping purposes;
- not
to open any windows while the air-conditioning plant
is in operation except for the purposes of cleaning
or allowing the same to be cleaned;
- not
to throw or permit to be thrown dirt rubbish rags boxes
or other refuse except into the proper bins or other
containers provided for such purpose.
Please
note that two days advance booking is required for renting
of conference rooms. Conference Room will be subjected
to availability. In the event of a cancellation, an admin
fee of $5 will be charged.
A
detailed tenancy agreement will be issued to tenants interested
in taking up the workstation facilities. Minimum contractual
period is 6 months. A month's deposit and a month's rent
is to be paid in advance. Workstation Rental include PUB/Aircon
and Fire Insurance but do not include telecommunication
services. For more info on tenancy agreement, please email
info@x-synergy.com
Telecommunications
Services(Platinum Plus Package only): Please note that
all new phone line applications will take 3-5 workings
days before activation. Please note that all
overseas redirected calls carry IDD charges which will
be deductible from a refundable deposit of US$20. The
remainder of the deposit will be refunded back accordingly.
This is only applicable for clients who wish to redirect
their line. A one-time setup fee of US$50 will be charged
for redirection services which will be paid to the Singapore
Telco Company, SingTel. (No deposit or setup fee charges
will be required for those who wish to engage the Phone
Answering Services only.) |
B. X-synergy
Web Hosting & Ecommerce Customer Restrictions
The following Terms of Use apply only to X-synergy's Web Hosting
and Ecommerce customers, and supplement the terms in sections
C and D that apply to all X-synergy customers:
Any
Web site that uses a high amount of server resources (such
as, but not limited to, CPU time, memory usage, and network
resources) will be given the option to either pay additional
fees (which will depend on the resources required), reduce
the resources used to an acceptable level, or upgrade its
service to a Dedicated Server plan. X-synergy will be the
sole arbiter of what is considered to be a high server usage
level. All Web Hosting and Ecommerce accounts come with
a limit of 5,000 files per account. Each block of 5,000
files after the initial 5,000 will incur an additional charge
of US$9.95/month. Any Web Hosting and Ecommerce account
deemed to be adversely affecting server performance or network
integrity will be shut down without prior notice.
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Sending
unsolicited bulk and/or commercial messages over the Internet
(known as "spamming") is prohibited, regardless of whether
or not it overloads a server or disrupts service to X-synergy's
customers. The term "spamming" also includes, but is not
limited to, maintaining an open SMTP policy, engaging in
spamming using the service of another ISP or IPP and referencing
in the spam a Web site hosted on a server, and selling or
distributing software (on a Web site residing on a server)
that facilitates spamming. Violators will be assessed a
minimum fine of $200 and will face immediate suspension.
X-synergy reserves the right to determine, in its sole and
absolute discretion, what constitutes a violation of this
provision.
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Any
scripts that pose a potential security risk or are deemed
to be adversely affecting server performance or network
integrity will be shut down or will be automatically removed
without prior notice. X-synergy does not permit CGI script
sharing with domains not hosted by X-synergy or any scripts
that may be abused for UCE purposes.
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X-synergy
does not allow Web Hosting and Ecommerce customers to install
their own chat rooms. Chat rooms tend to require significant
system resources and therefore cannot be permitted as an
account option. However, for a small charge, X-synergy provides
Java chat rooms that meet most users' needs and run without
hindering system performance.
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X-synergy
may allow programs to run in the background. These programs
will be considered on an individual basis and Web Hosting
and Ecommerce customers will incur extra charges based on
system resources used and operational maintenance needed.
If you wish to run background programs please contact X-synergy
at info@x-synergy.com so that we can arrange set-up.
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X-synergy
does not allow IRC or IRC bots to be operated by Web Hosting
and Ecommerce customers.
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X-synergy's
Web Hosting and Ecommerce accounts are not configured for
the purposes of distributing software and/or multimedia
products. If you wish to distribute software and/or multimedia
files, please contact rudy@x-synergy.com to make special
arrangements.
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Multimedia
files are defined as any graphics, audio, and video files.
X-synergy Web Hosting and Ecommerce accounts are not to
be used for the purposes of distributing and storing unusual
amounts of multimedia files. Any Web site whose disk space
usage for storing multimedia files exceeds 70% of its total
usage, in terms of total size or number of files, will be
considered to be using an unusual amount of multimedia files
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| Any
database stored on X-synergy's Web Hosting and Ecommerce
servers will be limited in size to 10% of the total disk
space allotted for that particular domain's plan/web hosting
account. |
C. All X-synergy
Customer Terms of Use
The following Terms of Use apply to ALL X-synergy customers:
X-synergy's
services include, but are not limited to:
- any
virtual office packages or office space, including conference
room facilities,
- any
act of preparing, setting up, connecting, maintaining,
terminating, or reconnecting customers' account (including
all billing data and the space on the particular Web
server that X-synergy provides to customers);
- any
use by customers, or any access provided to customers
by X-synergy, of computing, telecommunications, software,
information, hardware, and equipment;
- any
act, or provision of any service, by X-synergy to customers,
related to Web hosting and domain name registrations
(including server usage and technical support), regardless
of duration and whether paid for or not;
- any
provision by X-synergy to customers, of any space, Internet
connectivity, or electrical power;
- any
access or use related to the X-synergy's Web site, including
the Web site itself;
- any
other service mentioned in the TOU;
- any
other service provided by X-synergy to customers, whether
used or not;
- any
other X-synergy services that are used by customers,
whether offered or provided by X-synergy to customers.
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The
legal owner of customers' Web sites and accounts with X-synergy
will be the individual or organization whose name is listed
in X-synergy's database as the owner. Customers will fully
cooperate with and abide by any and all of X-synergy's security
measures and procedures in the event of any dispute over
ownership of customers' web sites and accounts with X-synergy.
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X-synergy
services may be used for lawful purposes only. All businesses/companies
are to be registered/incorporated with the appropriate licenses
applied for with your local Companies registry or similar
agency. Information provided by the client must be up to
date and accurate. The company name should be identical
to the name on the business certificate filed with your
local Companies registry or similar agency. For clients
who use the Singapore virtual office services, it should
be identical to the name filed with the Accounting and Corporate
Regulatory Authority. The company address should be identical
to the address on the business certificate filed with your
local Companies registry or similar agency. Should it not
be, then please provide a written statement to X-synergy
as to why it is different. The telephone number provided
must be an operational fixed landline in your company. Residential
numbers, "virtual web lines", and/ or mobile numbers
are NOT acceptable. The contact person must be an employee
who is authorized to represent your company in commercial
transactions conducted via X-synergy. The person's job title
and department must be accurate and up-to-date. All information
as originally supplied is to be accurate and can be authenticated
and verified in the normal way by an auditor or similiar
agency. Transmission, storage, or distribution of any information,
data, or material in violation of any applicable law or
regulation, or that may directly facilitate the violation
of any particular law or regulation is prohibited. This
includes, but is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights used
without proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates export
control laws.
Additionally,
in purchasing X-synergy services, all X-synergy customers
certify that they and/or the organization they represent
in procuring services from X-synergy are not, nor have been
designated, a suspected terrorist as defined in Executive
Order 13224; are not owned or controlled by a 'suspected
terrorist' as defined in Executive Order 13224; and are
not on, are not a member of, related to, associated with,
or controlled by any organizations on the list contained
in the Annex to Executive Order 13224 and all updates thereto.
Any violation of this Section or any other provision of
the Terms of Use may result in our termination of your account
without notice and without refund to you of any fees previously
paid by you to X-synergy.
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Sending
unsolicited bulk and/or commercial messages over the Internet
(known as "spamming") is prohibited, regardless of whether
or not it overloads a server or disrupts service to X-synergy's
customers. The term "spamming" also includes, but is not
limited to, maintaining an open SMTP policy, engaging in
spamming using the service of another ISP or IPP and referencing
in the spam a Web site hosted on a X-synergy server, and
selling or distributing software (on a Web site residing
on a X-synergy server) that facilitates spamming. Violators
will be assessed a minimum fine of US$200 and will face
immediate suspension. X-synergy reserves the right to determine,
in its sole and absolute discretion, what constitutes a
violation of this provision.
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Violations
of system or network security are prohibited and may result
in criminal and civil liability. Examples of system or network
security violations include, without limitation the following:
unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without express authorization of the owner of the
system or network; interference with service to any user,
host or network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system and broadcast
attacks; forging of any TCP-IP packet header or any part
of the header information in an email or a newsgroup posting.
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Use
of X-synergy's services or equipment for creating or sending
Internet viruses, worms or Trojan horses, or for pinging,
flooding or mail bombing, or engaging in denial of service
attacks is prohibited. It is also prohibited for any customer
to engage in other activity that is intended to disrupt
or interfere with, or that results in the disruption of
or interference with, the ability of others to effectively
use X-synergy's services and equipment (or any connected
network, system, service or equipment) or conduct their
business over the Internet.
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The
Digital Millennium Copyright Act ("DMCA") sets forth the
law regarding the use of copyrighted materials on the Internet.
All X-synergy customers are subject to the requirements
of the DMCA. Individuals or entities submitting notifications
of copyright infringement by a X-synergy customer (per the
DMCA) to X-synergy must follow the below procedures. Copyright
infringement notifications submitted to X-synergy according
to these procedures will be processed within 21 days of
receipt. Customers who are the subject of a DMCA notification
that meets the below criteria may be subject to account
termination at X-synergy's sole discretion.
DMCA Copyright Infringement Notification Requirements
- Signature of the copyright owner or
a person authorized to act on the copyright owner's
behalf (the "Claimant").
- Identification of the copyrighted work(s)
claimed to have been infringed.
- Identification of the material claimed
to infringe the copyright(s), and enough information
for X-synergy to locate it including URLs and specific
descriptions of the infringing material at each URL.
- The Claimant's name, address, and telephone
number(s).
- A statement that the Claimant has a
good faith belief that use of the disputed material
is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury,
that the information in the notification of copyright
infringement is accurate and that the Claimant is authorized
to act on behalf of the copyright owner.
Mail the notification to:
X-synergy Group Pte Ltd
Legal Department - DMCA Complaints
1 North Bridge Road, High Street Centre
Singapore 179094, Singapore |
Pornography
and sex-related merchandising are prohibited on X-synergy
servers. This includes sites that may infer sexual content
or provide links to adult content elsewhere. This is also
true for sites that promote any illegal activity or content
that may be damaging to our servers or any other server
on the Internet, or provide links to such sites.
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The
use of X-synergy 's services to store, post, display, transmit,
advertise or otherwise make available child pornography
is prohibited. X-synergyis required by law, and will, notify
law enforcement agencies when it becomes aware of the presence
of child pornography on, or being transmitted through, its
services.
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X-synergy
is concerned with the privacy of on-line communications
and Web sites. In general, the Internet is neither more
nor less secure than other means of communication, including
mail, facsimile, and voice telephone service, all of which
can be intercepted and otherwise compromised. As a matter
of prudence, however, X-synergy urges its customers to
assume that all of their on-line communications are insecure.
X-synergy cannot take any responsibility for the security
of information transmitted over X-synergy's facilities.
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Customers
are required to use the X-synergy network responsibly. This
includes respecting the other customers of X-synergy. X-synergy
reserves the right to suspend and/or cancel service with
any customer who uses the X-synergy network in such a way
that adversely affects other X-synergy customers. While
X-synergy may monitor its service electronically to determine
that its facilities are operating satisfactorily, as a general
practice, X-synergy does not monitor its customers' communications
or activities to determine whether they are in compliance
with the TOU. However, when X-synergy becomes aware of any
violation of the TOU or other user agreements, X-synergy
may take any action to stop or correct such violation, including,
but not limited to, denying access to X-synergy's services
and equipment or to the Internet. In addition, X-synergy
may take action against a customer or a customer of such
customer because of the activities of such customer. X-synergy
anticipates that customers who offer Internet services will
cooperate with X-synergy in any corrective or preventive
action that X-synergy deems necessary. Failure to cooperate
with such corrective or preventive measures is a violation
of X-synergy policy and X-synergy reserves the right to
take any such action even though such action may affect
other customers of the X-synergy customer.
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The
failure by a customer to meet or follow any of the TOU is
grounds for account deactivation without notice and without
refund to you of any fees previously paid by you to X-synergy.
X-synergy
will be the sole arbiter as to what constitutes a violation
of the TOU. X-synergy reserves the right to remove any account
without prior notice and to refuse service to anyone at
any time. When X-synergy becomes aware of an alleged violation
of its TOU, X-synergy will initiate an investigation. During
the investigation, X-synergy may restrict a customer's access
in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, X-synergy may,
at its sole discretion, restrict, suspend, or terminate
a customer's account and/or pursue other civil remedies.
If such violation is a criminal offense, X-synergy will
notify the appropriate law enforcement authorities of such
violation. An unlisted activity may also be a violation
of the TOU if it is illegal, irresponsible, or constitutes
disruptive use of the services. X-synergy does not issue
credits for outages incurred through service disablement
resulting from TOU violations. Violators of the policy are
responsible, without limitations, for the cost of labor
to rectify any damage done to the operation of the network/services
and business operations supported by the network/services,
and to respond to complaints incurred by X-synergy.
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X-synergy
customers agree to protect, defend, hold harmless, and indemnify
X-synergy, any third party entity related to X-synergy (including,
without limitation, third party vendors), and X-synergy's
executives, directors, officers, attorneys, managers, employees,
consultants, contractors, agents, parent companies, subsidiaries,
and co-subsidiaries with the same parent company as X-synergy,
from and against any and all liabilities, losses, costs,
judgments, damages, claims, or causes of actions, including,
without limitation, any and all legal fees and expenses,
arising out of or resulting in any from the customer's use
of X-synergy's services.
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The
X-synergy service is provided on an as is, as available
basis without warranties of any kind, either express or
implied, including, but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement. X-synergy
expressly disclaims any representation or warranty that
the X-synergy service will be error-free, secure or uninterrupted.
No oral advice or written information given by X-synergy,
its employees, licensors or the like, will create a warranty;
nor may you rely on any such information or advice. X-synergy
and its partners and suppliers will not be liable for any
cost or damage arising either directly or indirectly from
any transaction or use of the service.
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If
a customer becomes insolvent or any bankruptcy petition
is filed by the customer, or any third party against the
customer, X-synergy may immediately terminate provision
of X-synergy's services to the customer without prior notice
or penalty. Such customer consents to the grant of relief
from any automatic stay of proceedings against X-synergy
in such event.
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TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT,
AND UNDER NO THEORY OF LAW OR EQUITY, WILL X-SYNERGY (INCLUDING,
WITHOUT LIMITATION, X-SYNERGY'S EXECUTIVES, DIRECTORS, OFFICERS,
ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS,
AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES
WITH THE SAME PARENT COMPANY AS X-SYNERGY, AFFILIATES, THIRD-PARTY
PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE
ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING X-SYNERGY'S
SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY
BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE,
COSTS OF SUBSTITUTE PRODUCTS AND/OR X-SYNERGY SERVICES,
OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY
KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE,
ANY X-SYNERGY SERVICES EVEN IF X-SYNERGY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. X-SYNERGY'S TOTAL CUMULATIVE
LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR
ANY AND ALL DAMAGES, RELATED TO THE TOU OR X-SYNERGY'S SERVICES,
INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE,
ANY ACT OR OMISSION BY X-SYNERGY OR X-SYNERGY'S REPRESENTATIVES,
OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED
TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY
THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES,
LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR
TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF
ACTION AROSE.
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X-synergy
may discontinue, upgrade, replace, modify, or change in
any way, without limitation, any software, application,
program, data, hardware, equipment, or portions or components
thereof, used to provide customers with X-synergy's services.
Certain changes to X-synergy's services may affect the operation
of customers' personalized applications and content. Each
customer is solely responsible, and X-synergy is not liable,
for any and all such personalized applications and content,
except as expressly agreed to by X-synergy.
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Except
where X-synergy has expressly agreed in writing to the contrary,
customers are solely and entirely responsible, and X-synergy
is in NO way responsible, for the management and backup
of all customer data, and all updates, upgrades, and patches
to any software that customers use in connection with X-synergy
services.
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X-synergy
makes a reasonable effort to provide customers with technologies,
developments, and innovations (collectively "Technologies"),
part of which may be licensed, or co-branded, from or by,
third party entities. However, X-synergy makes NO warranty
of any kind, either express or implied, regarding the quality,
accuracy, reliability, validity, or continued existence
of any or all aspects of such Technologies. Moreover, X-synergy
specifically disclaims all warranties of merchantability
and and fitness for a particular purpose for such Technologies.
Furthermore, no customer will hold X-synergy liable in any
way for the revocation of any license, which has been licensed
to X-synergy. The use of the Technologies obtained from
or through X-synergy, or any other referred third party,
whether directly or indirectly, is at the sole risk of customers.
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Any
mention of non-X-synergy products by X-synergy, its employees,
or any third party entity related to X-synergy is for information
purposes only and does not constitute an endorsement or
recommendation by X-synergy. X-synergy disclaims any and
all liabilities for any representation or warranty made
by the vendors of such non-X-synergy products or services.
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Customers
will not, without X-synergy's express written consent, copy,
reproduce, republish, or otherwise use any material, in
whole or in part, that is located on X-synergy's Web site,
and customers will not use any of X-synergy's trademarks,
service marks, copyrighted materials, or other intellectual
property without X-synergy's express written consent. Customers
will not, in any way, misrepresent their relationship with
X-synergy, attempt to pass themselves off as X-synergy,
or claim that customers are X-synergy.
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Customers
may not assign or delegate their rights or obligations under
the TOU or other agreement for X-synergy's services, either
in whole or in part, without the prior written consent of
X-synergy.
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X-synergy
customers must be at least 18 years of age. Any individual
under the age of 18 years ("Minor") must have a parent or
guardian accept the TOU in order for the Minor to become
a X-synergy customer. A parent or guardian who accepts the
TOU on behalf of a Minor will be primarily liable for ensuring
complete and proper compliance with the TOU, including the
timely and full payment of the charges for X-synergy services,
and such primary liability will continue even when the Minor
has attained the age of 18, unless the parent or guardian
obtains X-synergy's express written consent to the contrary.
Any acceptance of the TOU or any other agreement for X-synergy's
services will be deemed null and void to the extent that
X-synergy will not be liable in any way as a result of the
Minor's age or legal incapacity or the Minor's use of X-synergy's
services.
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The
TOU, and any other agreement for X-synergy services, will
be governed by and construed in accordance with the laws
of Singapore without reference to its conflicts of laws
principles. Any litigation or arbitration between a customer
and X-synergy will take place in Singapore, and the customer
will consent to personal jurisdiction and venue in that
jurisdiction. If any provision or portion of the TOU or
other X-synergy agreement is found by a court of competent
jurisdiction to be unenforceable for any reason, the remainder
of the TOU or the agreement will continue in full force
and effect.
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X-synergy
will not be liable for delays in its performance of the
TOU or X-synergy services caused by circumstances beyond
X-synergy's reasonable control, including acts of God, wars,
insurrection, civil commotions, riots, national disasters,
earthquakes, strikes, fires, floods, water damage, explosions,
shortages of labor or materials, labor disputes, transportation
problems, accidents, embargoes, or governmental restrictions
(collectively "Force Majeure"). X-synergy will make reasonable
efforts to reduce to a minimum and mitigate the effect of
any Force Majeure. Notwithstanding anything contained elsewhere
herein, lack of finances will not be considered an event
of Force Majeure nor will any event of Force Majeure suspend
any obligation of customers for the payment of money due.Waiver
and Amendment Any waiver, modification, or amendment of
any provision of the TOU or other agreement for X-synergy
services, initiated by a customer, will be effective only
if accepted in writing and signed by an authorized representative
of X-synergy.
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Nothing
in this Agreement will be construed as creating a partnership
or relationship of employer and employee, principal and
agent, partnership or joint venture between X-synergy and
its customers. Each of X-synergy and its customers will
be deemed an independent contractor at all times and will
have no right or authority to assume or create any obligation
on behalf of the other, except as may be expressly provided
herein.
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Wherever
in this TOU the masculine, feminine, or neuter gender is
used, it will be construed as including all genders, and
wherever the singular is used, it will be deemed to include
the plural and vice versa, where the context so requires.
The division of the TOU into sections/paragraphs, and the
insertion of headings/captions, are for convenience of reference
only and will not affect the construction or interpretation
of the TOU. Any rule of construction to the effect that
any ambiguity is to be resolved against the drafting party
will not be applicable in the construction or interpretation
of the TOU.
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| The
TOU, and/or any other specific agreement for X-synergy services,
constitutes the complete understanding and agreement between
X-synergy and its customers. Except when expressly agreed
to the contrary in signed writing by an authorized representative
of X-synergy, the TOU supersedes any other written (including
digitized/computerized) agreement, oral agreement, and/or
agreement by conduct. This TOU, and/or any other specific
agreement for X-synergy services is between X-synergy and
its customers only and will not confer any rights in any
third party except as otherwise expressly provided by X-synergy. |
D. All X-synergy
Customer Billing Policy
The following Terms of Use constitute X-synergy's Billing Policy
and apply to ALL X-synergy customers:
All
charges are shown in US Dollars for Online Payments. Payments
are to be made in US dollars. X-synergy accepts the following
types of payment:
- Check
or Money Order
- Credit
Card (VISA, MasterCard, American Express)
- Bank
WireTransfer
- PayPal
All payments are due on the Account Statement Date. The
Account Statement Date is the monthly anniversary of the
date the account was activated. If you provide Paypal your
credit card information, you authorize Paypal to automatically
charge your credit or debit card for charges that apply
to your account. X-synergy partners with the global leader
in online payments, Paypal. It's fast, easy and secure.
Customers not paying by credit card agree to make payment
of their balance due within ten (10) days of the Account
Statement Date.
Accounts that are thirty (30) days past due will be automatically
suspended. All past due and unpaid balances are subject
to collection. In the event of collection, you will be liable
for costs of collection including attorney's fees, court
costs, and collection agency fees.
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X-synergy
offers only one Billing Cycle (terms) for online charges:
Yearly (12 months). The Billing Cycle begins on the Plan
Activation Date. Resellers are limited to the monthly Billing
Cycle for all of their charges. Non-credit card payment
methods are limited to Annual or Quarterly Billing Cycles.
You may elect to change your Billing Cycle at any time;
however, the new Billing Cycle will only take effect at
the time of the next plan renewal.
All additional features added to an account are charged
monthly. Additional items are non-refundable.
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Plan
renewal charges are based on the prevailing rate on the
date of renewal according to the service selected. Plans
are renewed for the same billing cycle. A month's notification
will be made via email or sms to inquire for renewal. If
you wish to cancel your plan before plan renewal, please
refer to the Cancellation section below.
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X-synergy
does not mail paper invoices or statements for online transactions.
Customers may elect to receive their account billing statement
via email.
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- Returned
(NSF) Checks
X-synergy charges a $25.00 fee for returned (NSF) checks.
Customers that issue an NSF check will be required to
submit future payments with a certified check or money
order.
- Credit
Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit
card chargeback received by X-synergy.
- Bank
Wire Payments
X-synergy does NOT charge fees for accepting payment
via bank wire, however, international wire transfers
may be assessed a $20.00USD processing fee by an intermediary
bank in New York. In addition, your issuing bank may
also charge a fee for sending the wire. Please add these
fees to the amount that you are sending to X-synergy
or the amount credited to your account will be less
than your intended payment.
- Reactivation
Customers that wish to reactivate a closed account will
be assessed a $19.95 reactivation fee.
- Hosting
Plan Changes
Customers electing to change to a lower priced hosting
plan on the same platform will be charged a $19.95 downgrade
fee. There is no upgrade fee for upgrading to a higher
priced plan, however, you will be charged any difference
between the setup fee applicable to your new and former
plans.
- Platform
Change
Customers that elect to change plans to a different
operating system platform will be charged a $19.95 platform
change fee.
- Account
Splits and Mergers
X-synergy encourages customers to merge hosting plans
contained in two or more accounts into one account.
There is no fee for this service. Customers may also
request that X-synergy separate one or more plans contained
under one account into separate accounts. The fee for
this service is $19.95 for each new account created
and is charged to the new account. Please direct all
requests for these services to: info@x-synergy.com.
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Hosting
plans will automatically renew until a plan is cancelled.
In order to cancel service, you must contact X-synergy's
Customer Service Team, Monday through Friday, 10:00 A.M.
to 5:00 P.M. X-synergy's customer service representatives
will assist you with the cancellation process. Please be
aware that there are no pro-rated refunds after the first
30 days of service. Non-Singapore customers may contact
X-synergy's Billing Team via email at info@x-synergy.com.
Cancellation requests must be received by X-synergy a minimum
of thirty (30) days prior to the end of your Billing Cycle
for dedicated server plans and a minimum of ten (10) days
prior to the end of your Billing Cycle for all other plans.
Cancellations submitted later than this time may result
in automatic renewal of your hosting plan. Cancellations
become effective on the day processed by X-synergy. X-synergyis
unable to cancel your account effective for a future date.
X-synergy will confirm the cancellation request when it
is processed. If you do not receive a confirmation, please
contact X-synergy as soon as possible.
X-synergy does not monitor, and will not automatically cancel,
plans for problems related to domain name transfers, non-usage,
Internic, your ISP, or any other secondary issues not directly
related to X-synergy's services. Cancellation of services
does not relieve the customer from paying any outstanding
balance owed on the account. X-synergy reserves the right
to cancel any account, at any time, without notice, for
any reason X-synergy considers appropriate.
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Each
of X-synergy's virtual office & shared hosting plans
carries a 30-day unconditional money back guarantee. If
you are not completely satisfied with our services or support
within the first 30 days, you will be given a full refund
of the fees paid in advance (excluding setup fees &
Paypal transactional fees) upon plan cancellation. The following
services do not qualify for the 30 Day Money Back Guarantee:
additional items and services; domain name registration;
dedicated servers; items and services ordered through the
reseller program; domain parking plus; and overage fees.
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Refunds
are only available in accordance with the 30 Day Money Back
Guarantee. Refunds will be provided in the form of cheque
payments and are to be self-collected. An administrative
fee of SGD$15 is applicable for Singapore clients and SGD$30 for overseas clients, excluding
postage/envelope charges. Packages which include phone line will be subjected to phone line setup fees of SGD $70. Refunds under normal circumstances
will take 1-3 working days for Singapore clients & 10-21
working days for overseas clients. X-synergy reserves the
right to delay refunds for reasons it deems fit. There are
no refunds offered or promised after 30 days.
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X-synergy
has a zero tolerance policy for chargebacks. Any customer
who disputes a credit card payment is subject to a fine,
suspension and account termination at X-synergy's discretion.
A charge of $25.00 per chargeback will be assessed to all
accounts that receive a chargeback.
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| X-synergy's
policies and prices are subject to change without notice.
Any price changes become effective in the next billing cycle. |
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