SwitchFusion
reserves the right to change this Reseller Agreement any time, so
please, check this page at least once a month or when in doubt . And
we aims to provide businesses with the highest quality of hosting
service, at the most competitive prices. The large number of clients
we serve also makes it necessary for us to create such AUPs to ensure
that all customers can enjoy the highest level of service quality
possible.
This Reseller Agreement (hereinafter referred to as the "Agreement") is made, entered into and executed on (hereinafter referred to as the "Effective Date")
BETWEEN: -
SwitchFusion (hereinafter referred to as "Parent") AND you (hereinafter referred to as
"Reseller")
(Parent and the Reseller may be referred to individually as a "Party" and collectively as the "Parties").
WHEREAS the Parent provides various Products and Services;
AND WHEREAS the Reseller wishes to purchase Parent's Products and Services
The following policies apply to all domains residing on SwitchFusion
servers. These include regular hosting clients, resellers, and their
clients.
By submitting your online order and subscribing to SwitchFusion's Web
hosting and Internet-related services, you acknowledge that you have
fully read and understood the Terms of Use stated in this agreement,
and you agree to be bounded by these same terms and conditions. In
this Agreement, "we" or "our" refers to
SwitchFusion , "client", "you", or
"your" refers to the individual or company that makes use of
service (s) provided by SwitchFusion .
UNACCEPTABLE ACTIVITIES :
These include spamming (sending unsolicited advertising to those with
which the customer has no existing business relationship, posting
off-topic advertising in newsgroups); spoofing (using a return email
address which is not the valid reply address of the sender or sending
an email message which does not contain enough information to enable
the recipient to identify the party who is really sending the message;
passive spamming (promoting a web site hosted by SwitchFusion by
spamming from some other source), trolling (posting controversial
messages in newsgroups to generate responses), mail bombing
(inundating a user with email without any serious intent to
correspond), generating a higher volume of outgoing mail than a normal
user (10% or more of available system resources), and subscribing someone
else to an electronic mailing list without that person's permission. A
message is considered unsolicited if it is posted in violation of a
newsgroup charter or sent to a recipient who has not requested the
message. Making an email address available to the public does not
constitute a request to receive messages. Distribution of mass
emailing programs is also prohibited. All recipients on a mailing list
must have personally subscribed. Mailing lists may not be used to
distributed unsolicited email. Any customer repeatedly "mailbombed"
or that attracts such behavior will be asked to leave. If you are not
sure if your actions will be in violation, please ask first support@switchfusion.com.sg
. SwitchFusion does not allow sites selling spamware.
SERVER USE ( regular accounts Only ) :
Personal accounts are to be used by the primary owner only, account
holders are not permitted to resell, store or give away web-hosting
services of their website to other parties . Web hosting services are
defined as allowing a separate , third party to host content on the
owner's web site . Exceptions to this include ad banners , classified
ads , and personal ads .
SwitchFusion currently do not allow IRC or IRC bots to be operated on our
servers.
Abuse of the legal rights of others :
Examples of unacceptable activities in this regard include posting
private information about a person without their consent, infringing
intellectual property rights, defaming a person or business, and
knowingly making available code which will have a deleterious effect
on third party computers. SwitchFusion supports free speech on the
Internet, and will not suspend or cancel a customer's account simply
because it disagrees with the views expressed by the customer. Where
there are allegations that a customer's on-line activity has violated
the legal rights of a third party, SwitchFusion will not substitute
itself for a court of law in deciding tort claims raised by the third
party.
Hacking/Cracking :
SwitchFusion reserves the right to report illegal activities to any
and all regulatory, administrative, and/or governmental authorities
for prosecution.
OTHER BEHAVIOR :
The following examples of unacceptable behavior are non-exclusive, and
are provided for guidance purposes. If you are unsure if your actions
will be a violation of our policies please ask support@switchfusion.com.sg
Reseller RESPONSIBILITY :
The Reseller's is responsible for all activity originating from the
client account unless proven to be a victim of outside hacking or
address forgery. The Reseller's client is responsible for securing
their username/password. Use of SwitchFusion's service requires a
certain level of knowledge in the use of Internet languages,
protocols, and software. This level of knowledge varies depending on
the anticipated use and desired content of the web space by the
client. The following examples are offered: Web Publishing: requires
knowledge of HTML, properly locating and linking documents, FTPing Web
contents,Graphics, text, sound, image mapping, etc. FrontPage web
publishing: knowledge of the FrontPage tools as well as Telnet and FTP
understanding and capability. CGI-Scripts: requires a knowledge of the
UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts,
permissions, etc. Mail: a use of mail clients to receive and send
mail, etc. The client agrees that he or she has the necessary
knowledge to create and maintain their web space. Client agrees that
it is not the responsibility of SwitchFusion to provide this knowledge
or support outside matter specific to SwitchFusion's servers.
Because
SwitchFusion will remain transparent/anonymous to the Reseller's
client at the request of the Reseller, who is also expected to handle
billing and administrative details for his clients' servers.
IP NUMBERS :
SwitchFusion maintains control and any ownership of any and all I.P.
numbers and addresses that may be assigned to the client and reserves
in its sole discretion the right to change or remove any and all IP
numbers and addresses.
Terms
of Support :
SwitchFusion only provide Technical Support by email and online
ticket system help desk only and no phone support is provided as to
cut our costs low to provide more budget hosting to our customers.
Terms of Payment :
Customer's shall made all upon payment before starting of any
Services provided by SwitchFusion's or from any of our Partner
Division's .
Cheque Payment should made Crossed and payable to " SwitchFusion
"
And Cheque Payment Should Send to : SwitchFusion - 721B North
Bridge Road , Singapore 198689 .
For Cash Payment , please contact us @ 65 62933744 /
63964464
Terms of Services :
SwitchFusion and It's partner Divisions got the rights to stop any
services provided by SwitchFusion's or It's partner Divisions , if
payment did not receive upon due date , upon services or illegally
used of our services .
CANCELLATION AND REFUNDS :
SwitchFusion reserves the right to cancel the service at any time
. Reseller are not entitled to our 7 days money back policy. Refund
requests will be refused if it's requested for any cause that's out of
SwitchFusion's side, For example:
- If you
wish to cancel any of the services you sign-up with SwitchFusion
at any point of time, there will not be any refunds in return.
-
Failure of any third party programs that's not supported by SwitchFusion
.
-
Customers leakage of experience in dealing with web basics and
communication protocols .
- Please
note if you were to downgrade your present plan with us, we do not
provide any refund or any extension to your new plan that results from
the prepayment you have made for your old plans.
Payment Policies :
All accounts are set up on a prepay basis. Although SwitchFusion
reserves the right to change prices of
accounts or services at any time all pricing is guaranteed for the
period of prepayment . Payment is due each anniversary year or month
following the date the account was established .
Customers WILL automatically be charged again at the end of their
prepay period .
In situations where the card number on file is declined SwitchFusion
will immediately suspend the account and the facility to purchase
services on-line until the outstanding charge is processed
successfully . In addition ,SwitchFusion reserves the right to
suspend other services until the outstanding debt is cleared. The
customer is responsible for all money owed on the account from the
time it was .
In order to streamline our accounting procedures SwitchFusion also
accepts payment by Mastercard , Visa , Discover and American Express ,
ONLY . Take Note - You will be charge in US Currency for Credit
Card Payment .
Annually
Payment Mode Policies :
Please note that - If you make a upfront payment of 1 year that
mean you only pay for the first 10th months of services fees and the
given free 2 months will be based on the 11th and 12th month of that
year. And if you make a change of plan or platform during the first 10
months you will not be entitled to any free months on that year
referring to the 11th and 12th month.
Renewal/Existing
Account -
Please
be advise that any account due to expiring will put on-hold for 4 days
before the actual expiring date stated on the account information and
will auto cut-off/deleted from our server on the actual expiring date,
if renewal are not make within the 4 days period.
To reactivate a suspended account (due payment problem) a S$44
reactivation fee must be paid for each suspended domain/account .
Established to the time that the customer sends a written
cancellation request
No bills or invoices will be sent by regular mail. All invoices will
be sent directly to customers via e-mail shortly after the online
purchase has been made. At this point the customer's card will be
charged automatically .
Switch
of Plan or Platform Policies :
You will be charge a conversion fees of S$150 for changing of plan
or platform.
For
Reseller/Corporate/Joint Account :
If there is any over due or default payment arising from a
Reseller/Corporate/Joint account we will immediately suspend all
accounts under the reseller/corporate account name untill payment is
receive then we will unsuspend all the accounts. We do not accept
Cheque payment for overdue account only Cash payment be made payable
at our sales office. If you are unsure if your actions will be a
violation of our policies please ask support@switchfusion.com.sg
Note:
Above mention Accounts will only be suspended upon couple of final
reminders send by us.
All
payment is only accepted in US dollars / Sing dollars.
Interruption of
Service
SwitchFusion and its
suppliers are not liable for any temporary delay, outages or
interruptions of the Services. Further, SwitchFusion is not liable for
any delay or failure to perform its obligations under this Agreement,
where the delay or failure results from any “act of God” or other
cause beyond its reasonable control (including any mechanical,
electronic, communications or third-party supplier failure).
Technical
Support Policy :
SwitchFusion
is responsible for supporting our clients by isolating specific
problems that may be encountered by using your SwitchFusion Virtual
Server.
This
however, does not include fulfilling any programming based requests,
including cgi or software installation, demo any scripts &
debugging. We will however provide basic assistance and advice based
on your description of the problem which you have encountered and not
any issues regard to scripts issues.
SwitchFusion
will not offer technical support for third party vendor products and
reseller customer that are not part of existing server services. If
you have such a problem that is not specific to installation
procedures, please refer your questions to the vendor of the program.
If you
so wish for SwitchFusion to provide added technical support for the
purposes of installing/debugging/demo of your cgi
scripts/software/application, please contact SwitchFusion for pricing
details (Standard Pricing is S$200 per hours JOB DONE).
Support
Hours
For
critical issues (i.e. your server is down and in accessible to the
public), SwitchFusion has onsite personnel available round the clock
to provide assistance.
Email
Email support is available 24 hrs a day via support@switchfusion.com.sg.
We'll try to ensure every request is answered within 24 working hours.
LIMITATION OF LIABILITY:
SwitchFusion shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise from
SwitchFusion's servers going off-line or being unavailable for any
reason whatsoever. Further, SwitchFusion shall not be responsible for
any claimed damages, including incidental or consequential damages,
resulting from the corruption or deletion of any web site from one of
SwitchFusion's servers. All damages shall be limited to the immediate
termination of service.
SwitchFusion shall be the sole arbiter of what is and is not a
violation of these acceptable usage policies. SwitchFusion reserves
the right to terminate an account at any time and for any reason that
causes harm to any SwitchFusion customer's web sites. SwitchFusion
reserves the right to delete all content and files upon termination.
SwitchFusion reserves the right to withhold any pre-paid funds for any
site removed for violations of these policies. SwitchFusion reserves
the right to refuse, cancel, or suspend service at our sole
discretion.
SwitchFusion reserves the right to change these Policies without prior
notice or warning. Non-enforcement of any part of these Policies does
not constitute consent.
And you
will also be tied to the our AUP
Policy according.
Violations of these Policies should be referred to
support@switchfusion.com.sg
@
You must Agree with our TOS before using Our Services @