|"the Customer"||means any company or person who has requested to use the Services.|
|"Agreement"||means any agreement between the parties which expressly or impliedly incorporates these Terms and Conditions as the context demands.|
|"Fees"||means the installation fee, monthly fee and other charges in respect of the Services published from time to time by CommuniLink.|
|"AUP"||means the Acceptable Use Policy|
|"Services"||means the services as described in the Agreement, Internet access, virtual web hosting, dedicated server hosting, hardware supply, and services offered by CommuniLink as the context requires.|
1. In consideration for payment of the Fees, CommuniLink agrees to provide the Services to the Customer. The Customer shall pay the Fees and all applicable taxes and tariffs relating to its use of the Services. CommuniLink will invoice the Customer by electronic mail, post or facsimile transmission. Payment is due at presentation for the full invoiced amount. If a payment due by the Customer to the Company under the Agreement is not received by the Due Date the Customer shall pay interest in respect of the overdue amount calculated daily from the Due Date until the date of payment at an interest rate equal to 2% above the prime lending rate of The Hongkong and Shanghai Banking Corporation Limited as current from time to time. The Company may also impose additional charges to cover its reasonable expenses and costs incurred in recovering outstanding amounts due under this Agreement (including the cost of engaging a debt recovery agent or instituting legal proceedings). CommuniLink reserves the right to terminate the service without any advance notification due to violation of the payment agreement, or deduct any overdue payment and incurred charge from service prepaid invoice of any account under the same Customer (i.e. under same account owner name). After the deduction of the outstanding, the balance will be used to recalculate the service period by the original price on a pro-rata basis.
2. All hosting plans have a set allotment of Traffic/Bandwidth available for use. Any traffic usage that is over the limit of the monthly allotment will be charged according to the terms that are set forth in the order form. Unused traffic may not be carried over to the following month.
3. The Customer is responsible for and must provide all equipments necessary to access the Services and must comply at all times with CommuniLink's requirements as regards mode of access and/or use of the Services. The Customer also agrees to abide by (1) the AUP and (2) any Agreement with CommuniLink.
4. The Customer shall be entirely responsible for all use of the Services and agrees to indemnify CommuniLink against all and any loss, claims or liability arising, directly or indirectly, and in any jurisdiction. The Customer agrees to abide by all applicable laws (whether of Hong Kong or of any relevant jurisdiction) relating to the use of the Services, in particular, but without limitation, the Customer shall not access or publish any matter or perform any activity which violates any laws (whether of Hong Kong or of any relevant jurisdiction) and warrants that its use of the Services does and shall not, directly or indirectly, infringe any third party's intellectual property rights in any jurisdiction.
5. The Customer expressly agrees that use of the Services is at the Customer's sole risk and that the entire risk as to the quality and performance of the Services is with the Customer. Neither CommuniLink nor any of its directors, employees or agents warrant that the Services will be uninterrupted or error free, or give any warranty for any data security, ownership or as to the results to be obtained from use of the Services. In no event will CommuniLink or its directors, employees or agents be liable for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to use (for whatever reason), the Services, including but not limited to damages resulting from loss of data or loss of profits but not including death or personal injury.
6. Any Internet Protocol address(es) allocated by CommuniLink to the Customer, remain(s) the property of CommuniLink and must be returned to CommuniLink. The Customer undertakes not to advertise, or otherwise to broadcast, such address (es) upon termination of the Services or the Agreement, nor to use the word "CommuniLink" in any way as a business or company name or trade mark.
7. If CommuniLink is appointed as service provider of Transfer DNS / FTP / Email / Database Data, the Customer shall provide CommuniLink all the required Login information and documents. The Customer agrees that under no circumstances is CommuniLink liable for any of the following, 1) loss of, or damages to customer’s record or data; or 2) special, incidental, or indirect event results in any economic consequential damages (including profits, savings lost or legal claims from any party) due to service starting delayed, even if CommuniLink is informed of the possibility.
8. If the Customer is in breach of any of the terms of the Agreement, or affects the daily operation of CommuniLink or network or other users, CommuniLink may, at its sole discretion, either suspend the Customer's access to and use of any of the Services until such breach is remedied or terminate the Agreement and the Customer's access to and use of any of the Services. CommuniLink will not be liable for any loss due to the suspension or termination and reinstatement will be at the sole option of CommuniLink and upon such terms and conditions as it shall determine.
9. If any provision of this Agreement is found to be invalid the other provisions shall remain in full force and effect. All obligations and restrictions on the Customer under this Agreement will survive the termination of this Agreement and/or the termination of the provision of any of the Services. For early termination, client must notify CommuniLink by sending a termination form with an authorized signature and supporting document required by CommuniLink by fax to 2998 0800 or email to email@example.com, all prepayment is non-refundable (excluding the termination under the 30-Day Money Back Guarantee policy) .
10. 30-Day Money Back Guarantee. CommuniLink extends money-back guarantee to client during the first thirty (30) calendar days of the Initial Term (“30-Day Guarantee”). The 30-Day Guarantee is only available on Hosting and Email Plans provided by CommuniLink, and will begin upon completion of the setup of client’s plan. In order to avail itself of the 30-Day Guarantee, client must notify CommuniLink by faxing a termination form with an authorized signature to 2998 0800 within the first 30-day. Upon receipt and approval, all services will be terminated immediately and CommuniLink will refund the service fee to the client after deducting domain fee, service fee with original price on a pro-rata basis and the setup fee as administrative costs.
11. Domain Registrar reserves the right to approve any domain registration. If the domain is rejected, domain fee and setup fee are non-refundable. If the Customer requires another new domain registration, domain fee and setup fee will be charged. Expired domain will be imposed and go into redemption period, which requires additional charge and longer processing time for domain renewal. or any .hk domain registered through CommuniLink, the Customer shall renew the domain or enquire its procedures from Hong Kong Domain Name Registration Company Limited. The Customer also agrees to abide by the Domain Name Registration Agreement posted on the website of CommuniLink.
12. Unless otherwise agreed in writing and signed by both parties, this Agreement constitutes the entire agreement between the parties. This Agreement is governed by the laws of Hong Kong and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong. This terms and conditions have been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.