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The latest revision of Terms of Service, License Agreement, Copyright Information, Intellectual Property Rights was published or updated on 23 September 2021.

Terms of Service

The Click Binar Solutions, ClickBinar or https://www.clickbinar.com/ Terms of Service (“TOS,” “Terms” or “Agreement”) and Terms and Conditions (“T&C”) apply to your use of our website and all services, features, and/or content provided by ClickBinar (“ClickBinar,” “us,”, “our” ). ClickBinar is the trade name of Click Binar Solutions. By purchasing one or more Services and/or Products from ClickBinar, you declare that you have read, understood, and agree to be bound by this TOS and T&C. The latest version of our TOS and T&C is always available on the ClickBinar website.

You must read this TOS and T&C prior to purchasing any Service(s) and Product(s) from ClickBinar. This is an agreement between Click Binar Solutions (“ClickBinar”) and You or the entity You represent (“You”). This agreement takes effect when You click an “I Accept” button or check box presented with these terms, or when You click an “Order” button, or when You use any of the Service(s) and Product(s) (the “Effective Date”). You represent to us that You are lawfully able to enter into contracts (e.g. You are not a minor).

Some Services provided through the Website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by ClickBinar . Such specific conditions shall apply in addition to the Terms and in case of conflict shall supersede the Terms. Accordingly the User must read and accept such specific conditions before the provision of the relevant service. Likewise, in respect of collection and processing personal data, the Privacy Policy will apply.

If You are entering into this Agreement for an entity, such as the company You work for, You represent to us that You have the legal authority to bind that entity. You acknowledge that You have read the Agreement, and You agree to its terms and conditions and all policies posted on all the ClickBinar’s Website. 

1.OFFERED SERVICES

Through the Website, Digital Launch Program and Digital Growth Program Dashboard, the User can search and download visual content, like templates and illustrations, images, AI and Photoshop files. 

2. Authorised Use of Website

The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. The User will not interfere with the functioning of the Website or in the Services, in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by ClickBinar. It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes ClickBinar’s interests, without the express prior authorization from ClickBinar. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website using any method or system not expressly authorized by ClickBinar or which is not the ordinary method of accessing the Website. The User shall be responsible of ensuring prior to using the Services that the features of the Services meet the User’s needs and that has all requirements, equipment and software necessary for this purpose and of any costs required for the use of the Services. The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from ClickBinar.

3. Registration

In order to use certain Services, Tools, Apps and Software, the User must purchase first and then register. We will create a username and password and activating the User’s account. To this end, the User must provide a valid active email address where the User will receive notifications related to the Services. The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible of keeping such information updated. Should the User provide false, outdated or incomplete information, or should ClickBinar have reasons to suspect it, ClickBinar reserves the right to suspend or cancel the User’s account. The User must protect and keep confidential the account password and must not disclose it to third parties. The User must not allow other Users to access the Services through the User’s account nor use the account of another User to access the Services. The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he/she should immediately inform ClickBinar. ClickBinar may suspend or cancel the account of the User if it considers that the User has breached these Terms.

4. RESPONSIBILITY

The User acknowledges and agrees that uses the Websites and its Services at the User’s own risk and under the User’s responsibility and therefore ClickBinar does not accept any responsibility for misuse or use in breach of these Terms. ClickBinar does not warrant the availability or continuity of the Websites and the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.  As way of example and without limitation, ClickBinar shall not be liable for any damages that may result from:
• Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not ClickBinar’s responsibility.
• Delays or unavailability of the Websites and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid. 
• Third party actions.
• Unavailability of the Websites and the Services due to maintenance or software updates. Any other event beyond ClickBinar’s direct control. Any other event beyond ClickBinar’s direct control. Save for ClickBinar’s wilful misconduct, and those cases in which due specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the website and the services is at the sole risk of the user and the services are at the sole risk of the user and ClickBinar shall not be liable for any damage of any kind caused to the user as a result of using the website and the services.

 

5. INTELLECTUAL PROPERTY

Subject to your compliance with these Terms of Service, any applicable license agreement with ClickBinar, and the law, you may access and use the Site. ClickBinar remains the sole owner of all rights, titles, and interests in the Site and reserves all rights not expressly granted under these Terms of Service. ClickBinar may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, at ClickBinar’s sole discretion. ClickBinar provides the Site on an “as is” and “as available” basis. All content on this Site, including but not limited to products, and related metadata (collectively the “ClickBinar Content”), as well as the selection and arrangement of the ClickBinar Content, are protected by copyright, trademark, trade secret and other intellectual property laws and treaties. Any unauthorized use of any ClickBinar Content violates such laws and these Terms of Use. Except as expressly provided herein or in a separate license agreement between you and ClickBinar, ClickBinar does not grant any express or implied permission to use the Site or any ClickBinar Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any ClickBinar Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or ClickBinar Content. Unless you enter into a license agreement with ClickBinar you may not download, distribute, display and/or copy any ClickBinar Content.

6. CONDITIONS FOR THE SUBSCRIPTION

The terms in this Section (the “Subscription Terms”) govern any purchase of any Subscription on the Website. When concluding the purchase procedure for any Subscription, it shall be deemed that the User has read and accepted, without exception, the Subscription Terms. In case the User is interested in purchasing any Subscription, it has to follow the instructions available on the Website from time to time. The Subscriptions available for the Content in the ClickBinar Selection are offered on the Website where the relevant information, price and conditions are included. ClickBinar can modify at any time the Subscriptions offered, offering with new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services. The Subscriptions are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the ClickBinar Content (including as third parties, for these purposes, affiliates or entities part of the same group of companies). The price for the Subscription is stated in Ringgit Malaysia (RM) or United States Dollars (USD) on the Website and includes, if applicable, the relevant Value Added Tax. ClickBinar is entitled to modify the price for any Subscription at any time. ClickBinar shall apply the price stated on the Website at the time of the submission of the order of the Subscription by the User. The User shall pay the Subscription in advance through Stripe, FPX, Local Payment Gateway or credit card, as stated on the Website. To purchase and pay the Subscription, the User shall follow the instructions stated on the Website. The processing of the payment information and data through Stripe, FPX, Local Payment Gateway or credit card is made within third parties sites. When ordering any Subscription, the User authorizes ClickBinar to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until ClickBinar has received the payment or the payment has been authorized by the relevant financing entity. After that, the Subscription shall be in force for the term purchased by the User. As the ClickBinar Content is digital content, no cancellation right shall apply, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable. 

7.GENERAL AND CONTACT INFORMATION

If any provision in these Terms is declared to be invalid or unenforceable, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway. If you are having problems or require support, please quick contact: [email protected]
GOVERNING LAW: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Malaysia.

8. UPGRADE/DOWNGRADE OF SERVICES

8.1. You can choose to upgrade or downgrade the Software, Apps, Tools, Features Hosting and/or Website Design Services at any time.

8.1. All available Upgrade options needs to sent an email to our support team and are subject to the fees set out on the respective Product Pages (Upgrade Fee). Upon upgrade to a Shared Hosting and/or Website Design Service, the Upgrade Fee covers the difference in fees between the two plans. Upon upgrade to a Cloud or Dedicated Hosting Service you will have to select a new Term and any pre-paid amounts remaining from your previous Service will be prorated and applied as an extension to your new Term.

8.2. You can choose to upgrade the usage for your Cloud Services by purchasing additional resources. Whenever an event occurs, the additional resources you requested will be automatically applied to your Cloud Service(s) and we will automatically charge you the respective service fees for a Term of one month.

8.3. Resources that are not renewed will be scaled down upon expiration of their Term. Scaling down the RAM of Cloud Services requires reboot of the equipment and results in downtime.

8.4. You can choose to downgrade your Service(s) only if:

– your Service was not previously upgraded from that plan because it had exceeded the parameters of that plan; and

– your Content does not require Server setup different from the standard Server setup. Different Server setup includes, but is not limited to, space size, installation of special PHP or Perl modules, open special ports, different MySQL versions, and/or SSH access.

8.5. You can request a downgrade to our support team. We may refuse to process your request if your account does not meet the conditions for a downgrade or if in our reasonable opinion the new plan is not suitable for your website. Any additional or free Services that are not included in or are not compatible with the new plan will be terminated. Upon downgrade we will prorate the difference in Fees between the two plans for any full months remaining from your Term, and will apply that as extra time to your new plan. If no full months remain, your Service will keep its current Term.

9. USE OF SERVICES. CUSTOMER RESPONSIBILITY

9.1. You acknowledge and agree that your use of the Service(s) and any Content uploaded, stored, published and displayed on or through the Service(s) are in compliance with these TOS and all applicable laws, including laws of the jurisdiction where the Service or Content is uploaded, hosted, stored, accessed or used. You shall implement any restrictions necessary in order to prohibit use of the Services by any third party or in any jurisdiction, as required to comply with such laws.

9.2. You must ensure that each of your End users complies with these TOS, and to any policies and agreements that are incorporated by reference.

9.3. You may not upload, store, publish and display on or through our Service(s) any personal data, private or any other personally identifying information, images, videos of minors or any third party, without the consent of said party (or a parent’s consent in the case of a minor). If you use the Services to upload, store, publish, display or otherwise disclose such information, you acknowledge and agree that you have obtained the prior consent of the said parties.

9.4. You shall not use our Service(s) for hosting websites for high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc. Please refer to our Acceptable Use Policy for detailed information on the rules and guidelines for using our Services.

9.5. You are responsible to provide accurate and complete information about you and your organization (if you purchase on behalf of a organization) and promptly update all provided information. We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.

9.6. You are responsible for all your activity related to the use of our Service(s) and the activity of any user who has access to your Customer Account and the Services.

9.7. You declare that (i) you have technical knowledge necessary to ensure the proper use, administration, management of our Service(s); (ii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them.

9.8. You acknowledge and agree that if you resell our Services or administer Services on behalf of others, you must ensure that each of your clients and/or End Users complies with these TOS. You understand and agree that you are responsible for all content uploaded, stored or transmitted on or through the Services and any acts or omissions of your clients or End Users that violate these TOS or the law.

9.9. When using the Services, you will ensure that neither you nor any of your End Users make use of the Server resources to ClickBinar’s detriment or that of other ClickBinar customers.

9.10. You shall indemnify, defend and hold harmless ClickBinar, and its respective officers, directors, shareholders, employees, agents and representatives against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise directly or indirectly from your or your End Users’ acts or omissions.

9.11. You must obtain all equipment necessary to access and use our Service(s). It is your responsibility to use equipment, software or applications which are compatible with our Service(s). When accessing or using our Services you may not use equipment and/or software which are faulty or with malfunctions that may cause security issues with our servers, damage the integrity of the network and/or vulnerability of the Service(s).

9.12. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or any content, materials which are used by you on, or transmitted through the Services.

9.13. If you use any third-party software on the Services, you warrant to ClickBinar that you are duly licensed to use the software, and that the licence grants sufficient rights to ClickBinar to provide the Services. You agree to provide us with such licence(s) upon request. If you fail to provide reasonable evidence of licensing, ClickBinar, at our sole discretion, may suspend the Services and/or terminate the Agreement with immediate effect.  

9.14. You acknowledge and agree that ClickBinar may periodically run a series of scripts (audit) on your Service(s) to determine what third-party software is installed on the Service(s) and how many Users have access to each piece of software. You authorize us to disclose the results of such audits to third parties. You shall indemnify ClickBinar against any costs, claims, losses, damages, liabilities, demands and/or expenses including reasonable legal costs incurred and/or suffered as a result of any failure by you to be properly licensed in respect of use of third-party software.

9.15. You shall provide to ClickBinar, at your cost, any information, resources or facilities reasonably requested by ClickBinar for the delivery of the Service(s) and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with ClickBinar to such aim.

9.16. Any instructions supplied by you to ClickBinar must be complete and accurate and clearly legible. We shall not be liable for any errors caused by any failure from your side to provide complete and accurate information. It’s your obligation to follow our instructions and to cooperate with  us for the proper provision of our Services.

9.17. You acknowledge and agree not to make any modification or alteration of any part of our Service(s) or related technologies.

9.18. You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, or services contained on our Site, except where explicitly authorised by us.

9.19. You acknowledge and agree that any information, articles, tutorials, guidelines or technical support advice may be provided by us only for your convenience and do not constitute official statements.

9.20. You are responsible to make backup copies of all your content uploaded, stored, published and displayed on or through our Service(s) in a location independent of ours, and will not use our Backup Services as your sole backup.

10. TECHNICAL SUPPORT

10.1. Technical support services:

10.1.1. We provide technical support for issues related to functionality of any Service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis.

10.1.2. We aim to deliver support in a fast and efficient manner, however, we cannot guarantee that all inquiries will be handled within the statistical averages advertised on our site.

10.1.3. You may request technical support through our WhatsApp support will be provided via phone, chat and/or ticket. Depending on the issue, we may not be able to provide assistance over all communication channels, but will recommend one or two where support can be delivered.

10.1.4. If you request technical support, you agree that we may have full access to your Services and/or Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your website and/or Services. It is your responsibility to ensure that your website is operational and the Services are configured to your needs once we complete work on your request.  

10.1.5. If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.

10.1.6. To the maximum extent applicable under national law and without affecting your rights as a Consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these TOS. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s), if: (i) you violate these TOS; (ii) you are abusive towards our employees or subcontractors; (iii) the need for Technical Support Services is due to any modification or attempted modification of the Services made by you or any third party outside of ClickBinar’s control, or your failure or refusal to implement changes recommended by ClickBinar. We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.

10.2. Scope of free technical support

10.2.1. We provide free technical support for issues related to our hosting platforms and features:  

– Issues related to the functioning and functionality of any of our Services, including issues you report related to the uptime and stability of our Services;

– Issues related to the proper functionality of ClickBinar User Area, including tools and features provided by ClickBinar, such as auto-update services, caching, staging, integration for currently supported SSL certificates, daily backup, control panels, CDN and other;

– Assistance related to settings and proper usage of the tools and features provided by us;

– Inquiries related to the registration, renewal, and transfer of domains to us, DNS or WHOIS updates. For issues related to domain transfer from ClickBinar to another hosting provider or registrar, our support is limited to make sure the domain is transferable per the requirements for the respective domain extension.

10.3.  Issues outside the scope of free technical support

10.3.1. Certain issues are outside the scope of our free technical support:

– Issues related to the installation of third-party scripts/applications not provided by ClickBinar;

– Website related inquiries such as coding issues, database optimizations, benchmark tests, installation of new software on the server, changing the current setup of your servers, etc.;

– Issues related to web design, web development and/or customization;

– Inquiries related to the functioning of scripts, optimizations, SEO services, themes or extensions;

– Website security audits and malicious code clean-up issues.

10.3.2. If you request technical support for issues outside the scope of our free technical support services, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.

11. BACKUP SERVICES

11.1. You acknowledge and agree that it is your responsibility to regularly backup all your Content in order to prevent potential data loss. We will use good faith efforts to backup data stored on your Hosting account. We will not backup data on Dedicated Server accounts unless you order a Daily Backup Service. We will not backup files holding temporary or transient data which cannot be restored in a useful state.

11.2. You agree that you will keep independent backup copies of your Content in addition to those we maintain. If you purchase Backup Services from us, you acknowledge and agree that due to technical reasons a backup copy may not be available for restore upon your request. Examples of technical reasons include but are not limited to excessive number of files in the backup, backup software failure, storage failure or corrupted backup files.

11.3. You can order Daily Backup or Backup Restore Service(s) from your User Area. We keep a limited number of backup copies of your account as set out on the respective Product Page. If you upgrade/downgrade the Services, we may delete old backup copies created on your previous plan and start new Daily Backups of your data.

11.4. If you order Daily Backup services for your Dedicated Server account, you subscribe for a certain backup space size. In the event that your backup space exceeds that size, we will continue to make full backup of your account and will charge you for the extra usage on your next billing date.

11.5. You agree to notify us through your User Area in case the Backup Service malfunctions and allow us reasonable time to resolve the issue. In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own backup. If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. If you purchase Backup Services from us, our only obligation is to restore your data from a backup copy.

11.6. To the maximum extent applicable under national law and without affecting your rights as a Consumer, our Backup Services are provided “as-is” and are subject to all limitations of liability set out in these TOS.

12. ClickBinar CONTENT. INTELLECTUAL PROPERTY RIGHTS

12.1. ClickBinar retains ownership of all intellectual property rights related to the provisioning of the Service(s). ClickBinar grants to you a non-exclusive, non-transferable limited license to access and use the Service(s) during the Term or any Renewal Term. All trademarks, product names, services, software, script, source code, content, photos, graphics, videos on our website, logos or slogans (“ClickBinar’s content”) used by ClickBinar are owned by or licensed to ClickBinar. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, broadcast, create derivative works from, or store ClickBinar’s content for purposes other than using our Services, without our express prior written consent.

Unless otherwise set out in these TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us concerning your idea and suggestions related to the Services, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.

12.2. You are welcome to provide us with a written or verbal testimonials of our Services in connection with your use of the Services. You acknowledge and agree that we may, at our discretion, use the testimonial to promote our Services online and in social media. Further to our use of your testimonial, you hereby agree and give your consent to ClickBinar to publish your name, voice or likeness, profession, website, video and/or contact information in connection with the publication of the testimonial. If you would like to withdraw your consent, please send your request to [email protected]

13. THIRD PARTY LINKS

13.1. Our site and Services may contain link(s) to other websites operated by or with content provided by third parties. You understand and agree that ClickBinar has no control over any such third-party websites or their content and will have no liability arising out of or related to your use of any third-party websites or their content. ClickBinar shall not bear any responsibility for any legal documents (agreements, terms and conditions, policies and etc), content and practice of any third-party websites. The existence of any third-party links does not constitute endorsement of such websites, their content, or their operators. ClickBinar includes these links only for your convenience.

13.2. You acknowledge and agree that third-party links on our website may contain affiliate tracking and ClickBinar may collect a share of sales or other compensation from such links.  

14. WARRANTIES

To the maximum extent allowed by applicable law and without affecting your rights as a Consumer, you acknowledge and agree that the Services are provided by ClickBinar as-is and you assume all risks and liabilities arising from or relating to your use of and reliance upon the Services, and that ClickBinar makes no representation or warranty with respect thereto. ClickBinar hereby expressly disclaims all representations, warranties and conditions regarding the Services, whether express or implied, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability or fitness of the services for a particular purpose. In addition, ClickBinar expressly disclaims any express or implied obligation or warranty of the Services, that could be construed to require ClickBinar to provide Services in such a manner to allow the Customer to comply with any law, regulation, rule or court order applicable to the actions or functions of the Customer. Without limiting the generality of the foregoing, we do not warrant that the Service(s) will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the Service(s) will be uninterrupted, error-free or completely secure. No ClickBinar employee, supplier or subcontractor is authorized to make any warranty on our behalf and if they make such warranties ClickBinar shall not be bound by them.

15. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold ClickBinar, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including ClickBinar’s licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s). You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.

16. INDEMNITY

You acknowledge and agree to indemnify, defend and hold harmless ClickBinar defend, fully compensate us, our affiliates, subsidiaries, parent and related companies, licensors and any third-party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of these TOS, our policies or documents which are incorporated herein, or any law; (iii) any breach of any of your representations, warranties or covenants contained in these TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS. For the purpose of this clause only, the term “you” as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services. The terms of this Article shall survive the termination of the Agreement.

17. TERM AND TERMINATION

17.1. The Term for each Service you purchase shall be set out on the Order. The Term may be extended as described in our Renewal Policy or may be terminated as described below. For avoidance of doubt, “Term” shall include the initial Term and any Renewal Term.

17.2. You may terminate a Service at any time through the User Area (Cancellation Request). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you fail to complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will continue to be charged. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund, if applicable, as set out in our Money Back Policy.

17.3. If you are a Consumer, you have the right to withdraw from this Agreement, informing us of your decision to withdraw through the User Area (Cancellation Request) or by means of a clear declaration (e.g. a letter sent via post, fax or email). You can also use the model withdrawal form enclosed below, which – however – is not mandatory.

17.4. You acknowledge and agree that any domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any applicable rules or policies, including, but not limited to: (i) the UDRP; (ii) any ICANN adopted policy; (iii) any registrar (including ClickBinar) or registry administrator procedures; or (iv) any other ccTLD registry administrator procedures.

17.5. Without prejudice to the provisions laid down in other clauses of thеsе TOS, ClickBinar shall be allowed to terminate this Agreement with or without notice with immediate effect if (i) you fail to pay any fees due; (ii) you breach these TOS, our Acceptable Use Policy or any other policy incorporated herein by reference, or any law and fail to cure that breach within 48 hours after receipt of written notice; (iii) you repeatedly infringe any policy incorporated herein or announced on our website; (iv) in case of any action and/or omission, failure and/or malfunction caused by you or your End User(s) which damage ClickBinar servers and facilities or the servers and facilities of other network hosts or Internet users; (iv) you disclose false or misleading allegations that may negatively impact our reputation and (v) transfer all or part of your obligations and/or rights under this Agreement to third parties, without our prior written consent.

17.6. ClickBinar may also terminate this Agreement by fifteen (15) days written notice as of the date of its receipt if (i) according to ClickBinar’s reasonable opinion, you do not have basic technical knowledge to use the Service(s) without excessive ongoing technical support; (ii) ClickBinar determines in good faith that continued provision of the Service has become unfeasible for technical, legal, regulatory, economic or any other material reason.

17.7. ClickBinar may discontinue provisioning of certain Service(s) or terminate this Agreement, if a third party ceases to make components of the Service available to us.

17.8. It is important to understand that certain Services are bundled together. As a result, termination of the Services that provide hosting (Hosting Account) may result in immediate termination of multiple aspects of the Services. Upon termination any information, data, content and files stored by you on our server shall be deleted. We may keep backup data for terminated Services for up to thirty (30) days after termination and provide you with access to that data upon request and subject to availability. IP addresses and server space are recycled. It is your obligation to ensure that you arrange to migrate your website(s) or content off our servers and relinquish use of the IP address assigned to you in connection with the use of our Service(s) prior to termination. We have no obligation to provide any Service(s) to you including forward of email(s) following termination.

17.9. Model Withdrawal Form

If you wish to withdraw from this Agreement, please fill in the form below and send it back to us:

“To

ClickBinar Solutions

Block G-12-2 Taman Bukit Jambul 11900, Bayan Lepas, Pulau Pinang, Malaysia.

I/we (*) hereby withdraw from the agreement concluded by me/us (*) on the purchase of the following goods (*) / the rendering of the following services (*):

Ordered on(*) / received on (*):

Name(s) of the consumer(s):

Address of the consumer(s):

Signatures of the consumer(s) (only in case of notification on paper)

Date

(*) Delete as applicable.”

18. COMPLAINTS

18.1. If for any reason you are not satisfied with our Services, you may send your complaint to us via:  (i) email at [email protected], or (ii) opening a support ticket, chat through WhatsApp or (iii) registered mail to the following address: ClickBinar Solutions, Block G-12-2 Taman Bukit Jambul 11900 Bayan Lepas, Pulau Pinang, Malaysia.

18.2. You may have the option to escalate a chat or support ticket to a Supervisor/Manager. You should include any tracking numbers or other references from your previous correspondence with us in order to be able to recover the full history of your complaint.

18.3. We will take care to review, investigate and respond to any complaint(s) fairly and thoroughly. All complaints must be in writing and clearly indicate the name and contact details of the complainant. If you have relevant documentary evidence to support your complaint, it should be еnclosed to the complaint. Evidence submitted should be as concise as possible and relevant to the complaint.  

18.4. Complaints made over the phone shall be recorded, but wherever possible, should be confirmed in writing. Anonymous complaints will not be reviewed.

18.5. When you submit a complaint, ClickBinar will acquire any and all personal data included in the complaint. In order to follow up on your complaint, ClickBinar may need to provide your complaint enclosed with evidences to a person subject of the complaint and third parties as consultants and subcontractors. ClickBinar shall process all personal data included in the complaints in compliance with our Privacy Policy.

18.6. ClickBinar will review the complaint and will provide a written answer within 10 (ten) business days from receipt of the complaint. If the complaint requires more detailed investigation, you will receive an interim response describing what is being done to deal with the matter, and when you can expect a final reply.

19. DISPUTE RESOLUTION. JURISDICTION

19.1. In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and ClickBinar shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.

19.2. You agree that the Courts of Malaysia, all courts in Malaysia shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of thеsе TOS as well as any other document entered into by the Parties shall be governed by the laws of Malaysia.

20. NOTICES

20.1. We will send notices to you using the contact information in your Customer Account. We may send you notices by email, WhatsApp or a notice posted in your User Area. We have no responsibility for notices not delivered due to outdated or inaccurate contact information.

20.2. Any notices to us related to issues governed by our Privacy Policy shall be addressed to us  at [email protected] or to our Data Protection Officer who can be reached at [email protected]

20.3. You may send us notices, requests, claims, consents, waivers, demands or any other communication related to this Agreement by (i) WhatsApp to our Support Team (ii) email; (iii) first-class mail; or (iv) internationally recognized courier.

Please address your notices to:

ClickBinar Solutions

Block G-12-2 Taman Bukit Jambul 11900, Bayan Lepas, Pulau Pinang, Malaysia.

Email: [email protected]

20.4. Notice shall be considered duly given and effective: (i) If sent by WhatsApp, on the day when received in the designated contact number (ii) if sent by email, on the day when received in the designated email account; (iii) if sent by first-class mail, on the date of delivery by the appropriate postal service; (iv) if sent by internationally recognized courier, on the date of delivery by such courier.

21. Change of TOS.

ClickBinar may modify these TOS at any time with immediate effect. We will inform you about modifications to the TOS by email and via notices in your User Area. ClickBinar shall not be liable for your failure to receive an email notification due to an inaccurate email address.

If you do not agree to the changes in the TOS, you must suspend use of the Services and terminate this Agreement within ten (10) business days of receiving notification from us.

To the extent permitted by applicable law, continued use of the Services after you have received a notice for changes to the TOS will be considered as acceptance of such changes and in force in the agreement between the user and ClickBinar, unless you have sent us a termination notice.

Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.

22. Personal Personal Data Protection Statement

The Personal Data Protection Act 2010 regulates the processing of personal data by the data user in a commercial transaction and protects the interest of the data subject. For more details, please click the link here to visit: https://www.clickbinar.com/personal-data-protection-statement/

23. Copyrights Infringement Notification

23.1 If you believe that any content posted on the Pikbest Website infringes copyright, you may send us a notification including all relevant information.


23.2 Copyrights Notification Guidelines

ClickBinar respects third party’s copyrights, and it is our policy to respond to all notifications about copyrights infringement as established by applicable regulations. Once the notification complying with these Guidelines is received, ClickBinar may remove or disable access to the allegedly infringing material or adopt such further action that at our discretion may be appropriate, including disabling a user’s account. When taking such measures, ClickBinar may attempt to contact the party that posted the content so that such party may make any statement he/she deems appropriate according to applicable regulations.


23.3 Copyrights infringement notifications must meet the following requirements:

• The handwritten or electronic signature of the person submitting the notification.
• The handwritten or electronic signature of the person submitting the notification.
• Identification of the materials that are claimed to be infringing and that are to be removed or access to which is to be disabled, and information reasonably sufficient to allow ClickBinar to locate that material.
• Information is sufficient to allow ClickBinar to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
• A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner or the law.
• A statement that the information in the notification is accurate and true.
ClickBinar will follow the procedure provided by applicable regulations to ensure compliance with copyright. When a proper notification complying with the conditions above is received, ClickBinar will remove or disable access to infringing materials as soon as possible. ClickBinar will not necessarily send a confirmation regarding the removal/disabling.
The statements by the party that posted the allegedly infringing content must also comply with the requirements for copyrights notifications. Note that you may be liable if the material infringes a third party’s rights, so we recommend that if you are unsure, seek legal advice.


23.4 ClickBinar Copyright Contact Information:


[email protected]


If you believe that the party posting the allegedly infringing material is a reoffending publisher, you may facilitate ClickBinar with the relevant information in order to verify and take the corresponding measures.


If you believe that the party posting the allegedly infringing material is a reoffending publisher, you may facilitate ClickBinar with the relevant information in order to verify and take the corresponding measures.


Thank you for your cooperation.


23.5 Reporting Abuse

ClickBinar has a zero-tolerance approach towards abusive content/files. To report abuse in relation to content or files please email [email protected] with a clear summary/description of the issue at hand.