TERMS OF SERVICE
Revised: Monday, February 5th 2018
The Movaci Terms of Service (this “Agreement”) and the Movaci Acceptable Use Policy (“AUP”) govern your purchase and use of all Movaci services (collectively, the “Services”), as described in the Order Form(s) submitted by you and accepted by Movaci (“Service Order”). Acceptance of any terms or conditions different from those contained herein by Movaci will not be deemed by provision of service, but only by electronic or written signature of an officer of Movaci. You must register and accept the terms of this Agreement and the AUP in order to use the Services. BY CLICKING ON THE “I ACCEPT” BUTTON, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE. Movaci Technology may modify any of the terms and conditions contained in this Agreement and the AUP, at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the Movaci web site (the “Site”). Your continued use of the Services following Movaci posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify Movaci of your termination of this Agreement in the manner described in the section below. Termination of services due to non-agreement with terms and conditions modifications does not entitle the service user to any refunds of payments made or forgiveness of amounts owed for used or ordered services.
Movaci Technology agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
The Use of Movaci service constitutes acceptance and agreement to the Movaci Technology AUP (Acceptable Use Policy) as well as Movaci Technology TOS (Terms of Service)
Term and Payment for Services
Term: This Agreement will be for an initial “Term” of 1 month from the date the Services are first provided by Movaci. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term or any Renewal Term for a period of thirty (30) days unless you provide Movaci with written notice of termination at least thirty days (30) before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as “Term”), whichever is then applicable. To provide your notice of termination, you must submit a ticket to the Billing department via http://my.movaci.com and fill out the corresponding cancellation form to initiate the cancellation of your service. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by Movaci.
Product/Service Pricing & Specifications
Product/Service pricing and specifications are subject to change at any time and at the sole discretion of Movaci Technology. Current product pricing remains valid for the term of the product or service contract which is thirty (30) days or one (1) year unless otherwise stated.
Modifications to product specifications which affect a customer’s ability to use a service or product will be taken into considerations on a case-by-case basis.
This Agreement may be terminated: (i) by you or Movaci during any Renewal Term, without cause, by giving the other party no less than thirty (30) days prior written notice, or a greater number of days prior notice if specified in a Service Order accepted by Movaci; (ii) by Movaci in the event of nonpayment by you as provided in the section below or (iii) by Movaci, at any time, without notice, if, in Movaci’s sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if Movaci terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately and without setoff or delay all charges, fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts including, but not limited to, bandwidth overage charges that you owe to Movaci under this Agreement.
You will immediately pay, upon receiving an electronic invoice from Movaci, all charges for your use of the Services at the then current Movaci prices for that category of service or any special offer applicable to your account as determined by Movaci. You are responsible for paying all federal, state and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services other than taxes based on Movaci net income. All service fees are subject to a 7% tax within Thailand. Withholding of the Thai 3% service fee is not permitted for Movaci hosting products and services. In the event a 3% withholding tax is required, service fees shall be increased by cost x 0.03%. If you default on any of your obligations under this Agreement and Movaci must engage a collections effort to collect past due sums associated with your use of Services, you are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of Movaci.
Your server comes with a set bandwidth as outlined in our services list. This represents the amount of bandwidth that you are allowed to use for each calendar month. If you exceed this allotment for any reason in any calendar month, even if you have cancelled service with Movaci during the month, you will be charged overage bandwidth at a rate of ฿200.00 baht ($6.00 USD) per gigabyte. Bandwidth billing is done in arrears, and you will receive your bill for overage bandwidth during the first week of the following month that the overage occurred. It is your responsibility to monitor your bandwidth usage and to pay for all overages. If you are a reseller, it is your responsibility to monitor the bandwidth usage of your client(s) as you are solely responsible for any and all overages incurred by them.
Shared hosting services come with a set data storage allotment. This represents the total amount of storage capacity allotted for each calendar month. If the allotment amount is exceeded, Movaci will contact you via email to notify you of the overage. You may decide to upgrade your shared hosting package to the next available tier or to reduce your disk usage. If you do not respond to the notification within 72-hours your shared hosting account will automatically be suspended until you arrange for your account to be upgraded. It is your responsibility to monitor your storage utilization and to pay for all overages. If you are a reseller, it is your responsibility to monitor the storage usage of your client(s) as you are solely responsible for any and all overages incurred by them.
Payment and Fees
You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in their entirety in advance on the anniversary day of each successive term. You must pay for the Services by cash, wire transfer, credit card, or Paypal. You authorize Movaci to charge your credit or debit card to pay for any charges that may apply to your account. You have a specific obligation to immediately notify Movaci of any changes to your card account (including applicable account number or cancellation or expiration of the account, your billing address, or any information that may prohibit Movaci from properly charging your account). Failure to immediately and fully pay your fees for Services and applicable taxes when invoiced by Movaci shall be a material breach of this Agreement, justifying Movaci to suspend its performance and terminate this Agreement. If Movaci terminates this Agreement for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to Movaci under this Agreement including, but not limited to, bandwidth overage charges. You are responsible for any costs that Movaci incurs in enforcing collection, including reasonable attorneys’ fees, court costs and collection agency fees.
Credit cards that are declined for any reason or Paypal payments that are either rejected or not made when Services are invoiced are subject to an additional processing fee. Service will be immediately interrupted on any account that is unpaid. Service interrupted for non-payment is subject to a ฿900.00 baht ($25.00 USD) suspension charge per hosting account or server. Accounts not paid by the due date are subject to a ฿200.00 baht ($5.00 USD) late fee that accrues daily until paid in full. Accounts that are not collectable by Movaci may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company an additional “Collection” fee of not less than ฿1,750.00 baht ($50 USD) and not more than ฿5,500.00 baht ($150 USD). If you desire to cancel the account, please email sales(at)movaci.com or open a ticket a http://my.movaci.com.
Refund and Disputes
*All payments to Movaci are nonrefundable* and include any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred. If you dispute a charge to your credit card issuer that, in Movaci’s sole discretion, is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay Movaci an additional “Investigation Fee” of ฿3,500.00 baht ($100.00 USD).
Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon failure of the Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, including legal expenses.
Use of Services
The AUP is posted on the site at (or such other location as Movaci may specify) and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. MOVACI MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Security: You are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, Movaci will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Movaci or any of its other customers.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the Movaci proprietary network. Violations of system or network security may result in civil or criminal liability. Movaci will investigate occurrences which may involve, and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, flooding, mail bombing or crashing.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services which such user is not entitled.
Notification of Violations or Infractions
Movaci is under no duty to look at each client’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet related activities.
Violations of the AUP will result in the following:
A warning notification sent via email using the Movaci support ticket with 24 hours’ notice for resolution:
24 hours is the standard notification; situations involving law enforcement, phishing scams, fraud, password harvesting, network interference, Denial or Disruption of service, IRC related misuse, or other malicious activity can reduce the notification time frame.
- First Violation: Any user, which Movaci determines to have violated any element of our AUP (Acceptable use Policy), shall receive an e-mail, warning them of the violation. The service may be subject at Movaci discretion to a temporary suspension pending a client’s agreement in writing to refrain from any further violations.
- Second Violation: Any client that Movaci determines to have committed a second violation of any element or portion of the AUP shall be subject to immediate suspension or termination of service without further notice.
- We reserve the right to drop the section of IP space involved in any SPAM or Denial-of-Service (Dos) complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial-of-service attacks are originating from your network. In certain rare cases, we may have to take this action prior to attempting to contact you.
Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all Subscriber information, including assigned IP addresses, account history, account use, etc. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition, Movaci shall have the right to terminate all service set forth in this Agreement if requested to do so as a result of any action of any law enforcement or government agency.
Support Services and Boundaries
Movaci provides 24/7/365 technical support to our Subscribers. We limit our technical support to our area of expertise. The following are our guidelines when providing support:
- Movaci provides support related to your server and hosting account. Movaci does not provide support for application specific issues, such as any programming, HTML, third party applications or any other such issue.
- Movaci does not provide technical support for YOUR clients.
We encourage you to check our knowledge base and Forums at http://my.movaci.com before opening a technical support ticket.
Resellers are completely and entirely responsible for the conduct of their customers and by agreeing with this AUP, Resellers agree that their customers will adhere to the AUP. Resellers have an obligation under this Agreement to make their current and prospective customers aware of the AUP and the consequences of violation of same.
Intellectual Property Rights
Your Warranties and Representations to Movaci: You warrant, represent, and covenant to Movaci that: (a) you are at least 18 years of age if an individual; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation, or ordinance.
Intellectual Property Policy
Movaci respects the intellectual property rights of others and expects its users to do the same. Movaci reserves the right, at its discretion, to delete material that infringes the copyrights, trademarks, or other intellectual property rights of others. Movaci also reserves the right to disable and/or terminate the accounts of users who infringe the copyrights, trademarks or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Movaci with the following information:
- A description of the copyrighted work property that you claim has been infringed;
- A description of the material that you claim infringes your copyright, and information sufficient to allow us to locate the material;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright
Movaci will maintain and control ownership of all Internet Protocol (“IP”) numbers and addresses that Movaci may assign to you. Movaci may, in its sole discretion, change or remove any and all IP numbers and addresses at any time.
Third Party Products
Movaci may provide you with access to other third party software and/or services (“Third Party Products”) through reseller relationships that Movaci has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Movaci and not by the Third Party Vendor. Neither Movaci nor any Third Party Vendor makes any representations or warranties, expressed or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT THE CUSTOMER’S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM Movaci OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Movaci NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND Movaci WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Movaci reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if, in the sole judgment of Movaci, your server is the source or target of any violation of the AUP or for any other reason which Movaci reasonably chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until a thorough investigation is completed. Prior notification to you of disconnection is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate Movaci to monitor or exert editorial control over the information made available for distribution via the Services. If Movaci takes corrective action because of a possible violation, Movaci will not refund you any fees that you paid in advance of the corrective action nor relieve any outstanding debt owed or assessed.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that Movaci may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, Movaci shall have the right to terminate all service set forth in this Agreement.
Movaci exercises no control over, and accepts no responsibility for, the content of the information passing through Movaci host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED “AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. MOVACI DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. MOVACI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Limitation and Exclusion of Liability
IN NO EVENT WILL MOVACI OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER MOVACI NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO MOVACI’S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MOVACI HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF MOVACI AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO MOVACI UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY MOVACI UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE MOVACI AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
Interruption of Service
Movaci and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, Movaci 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).
In agreeing to the Movaci AUP and this Agreement, you agree to indemnify, defend and hold harmless Movaci, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of the AUP or this Agreement that results either in (a) any cost, expense, damage or loss to Movaci, or (b) the bringing of any claim against Movaci by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if Movaci is sued because of your or your customer’s activity related to the Services, you will pay any damages awarded against Movaci, its employees, directors, partners, representatives and affiliates, in addition to all costs and attorney’s fees.
Movaci and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THAILAND (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE APROPRIATE COURTS IN THAILAND, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign, or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Movaci, and any attempted assignment or delegation without such consent will be void. Movaci may assign this Agreement in whole or part. Movaci also may delegate the performance of certain Services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and Movaci are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and Movaci. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.