Hosting Services Agreement

As used in this Hosting Packages Agreement, the following terms shall have the respective meanings:

1.1 "IP Mirror" means IP Mirror Private Limited, of 47 Duxton Road, IP Mirror TechHaus, Singapore 089511, a Singapore registered company.

1.2 "IP Mirror's website" means the website located at http://www.ipmirror.com or such other internet address as may be adopted by IP Mirror from time to time.

1.3 "Customer" means the organization or person obtaining a Hosting Package.

1.4 "Hosting Package" means the Unix or Windows based hosting facility regarding web and email.

WARRANTIES

The Customer represents to IP Mirror and warrants that:

2.1 it intends to use the Hosting Package;

2.2 such use shall be for its own benefit and shall be for lawful purposes;

2.3 it will not allow another party to use the Hosting Package, whether for profit or otherwise and will not deal with the domain name in any manner whatsoever;

2.4 all information contained in the application form and furnished to IP Mirror is to the best of the Customer's knowledge true and accurate in every detail.

TERM

3.1 The term of a Hosting Package is one year (12months) or two years (24months) only.

3.2 The Hosting Package will not be renewed automatically. The customer will be informed in advance automatically via email that the Hosting Package needs to be renewed. If not renewed on time the email and web facilities will be not available anymore.

FEES

4.1 IP Mirror shall have the right to impose such charges as it may deem fit on the customer in respect of the subscription and maintenance of the Hosting Package. The frequency and quantum of such charges shall be determined from time to time by IP Mirror in its sole discretion and will be reflected in the Fee Schedule.

4.2 All charges shall be in Singapore Dollars unless otherwise stated, and shall be paid to IP Mirror in the manner and within the time period stated by IP Mirror. The registrant acknowledges that payment of charges imposed by IP Mirror is a fundamental term of this Agreement and any failure to pay the said charges may result in IP Mirror terminating this Agreement and revoking subscription of the Hosting Package.

4.3 IP Mirror does not charge the customer for the setup of the Hosting Package.

4.4 If the customer wishes to move the hosting package from domain name to another domain name IP Mirror will charge the customer a fee.

PAYMENT

Customer agrees to make payment for the Services as follows:

5.1 The customer is required to make full advance payment to IP Mirror by:

(i) credit card at the time of making the order through IP Mirror's website or (ii) cheque on the computer generated invoice on IP Mirror's website within 5 business days of the order date.

5.2 If the customer fails to pay any invoice which is due and payable under this Agreement, IP Mirror reserves the right not to proceed with the order. IP Mirror will not be liable for the subsequent unsuccessful order or for the non-renewal of services.

5.3 Once a Hosting Package is signed or renewed the payment is non-refundable. This applies to any services linked to the hosting packages.

5.4 The customer acknowledges and agrees to IP Mirror's Refund Policy

UPGRADE

6.1 Upgrade of a hosting package is possible and the fees payable will be pro-rated according the period and upgrade package.

MAINTENANCE AND UPTIME

7.1 IP Mirror will conduct maintenance every now and then to upgrade, repair or (re)install any part of the hardware or software being used. For major downtime regarding upgrade, repair or (re)install the customer will be notified in advance of the time and day of the downtime.

7.2 In case of an emergency IP Mirror is entitled to conduct repair without prior notice to its customers.

6.3 IP Mirror guarantees a 99% uptime for the webservers. The uptime includes regular maintenance, not emergency maintenance.

SUPPORT

8.1 IP Mirror will give support via email, chat or telephone:

(i) Email Support: daily from 09:00 - 24:00. Emails will be answered within 24 hours. (ii) Live Chat Support: weekdays from 09:00 - 12:00 and from 14:00 - 18:00 (iii) Telephone Support: weekdays rom 09:00 - 12:00 and from 14:00 - 18:00

FAIR USE POLICY

9.1 The customer is not allowed to use the hosting package in such way that the network, hosting server and/or any other systems used by IP Mirror, at the judgement of IP Mirror, could be disrupted and/or damage the reputation of IP Mirror. Among this and not limited to bandwidth use, exuberant disk space use, mass emailing, and any other usage at the judgement and discretion of IP Mirror.

IP Mirror is allowed to take any necessary action to prevent misuse of its network, hosting server and/or any other systems. If a customer, according to the judgement of IP Mirror, is in violation of the Fair Use Policy, a warning email will follow. If the customer does not take any preventive measures to avoid the misuse, IP Mirror will take the appropriate action to suspend or terminate the account or any other actions that it sees fit.

SUSPENSION

10.1 IP Mirror does not tolerate activities such as spamming, phishing or virus distribution via emails or website. If IP Mirror detected such activities from our customer, we reserve the right to suspend the hosting package without prior warning. If no action is taken to rectify these activities, IP Mirror shall terminate the hosting service. No refund will be made any balance of the hosting period for such suspension.

INDEMNITY AND DISCLAIMER

11.1 The customer hereby agrees to defend, indemnify and hold harmless IP Mirror, its affiliates and business partners, and its officers, directors, committees, employees and agents (collectively, the "Indemnified Parties"), for all liability, loss, damages, costs, legal expenses, professional and other expenses of any nature whatsoever sustained, incurred, paid by or suffered resulting from any claim, action, or demand arising out of or related to the subscription or use of the domain name. Such claims shall include, without limitation, those based upon intellectual property trademark or service mark infringement, trade name infringement, dilution, tortious interference with contract or prospective business advantage, passing off, defamation or injury to business reputation, copyright infringement, expenses and costs including attorney’s fees and expenses arising out of or related to (i) the domain name subscription, (ii) any breach by customer of this agreement, including any and all claims arising from the administration and operation of the Dispute Policy (as set out in clause 10 herein), or (iii) third party claim, action or demand related to the domain name or the use thereof.

11.2 The customer agrees that IP Mirror will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if IP Mirror has been advised of the possibility of such damages.

MODIFICATIONS AND TERMINATION

12.1 The customer acknowledges and agrees that IP Mirror may amend this Agreement, from time to time and that, upon thirty (30) days posting on the Internet at the URL http://www.ipmirror.com, the Agreement shall be so amended in the manner as indicated and that such amendments are binding upon the customer.

12.2 In the event that this Agreement is terminated, for whatever reason, the customer agrees that:

(i) it shall, prior to the date of termination, pay IP Mirror in full all moneys then owing by the customer to IP Mirror; (ii) it shall have no claims or recourse whatsoever, whether under contract, tort or any other legal theory, against IP Mirror. For the avoidance of doubt, there shall be no refund, whether in whole or in part, of any fees which have been paid to IP Mirror prior to the termination of this Agreement.

GENERAL TERMS

13.1 All notices or reports (but not including reminders for Maintenance Fees) permitted or required under this Agreement shall be in writing and shall be delivered by personal delivery, facsimile transmission, by registered mail, and/or where possible, by electronic mail and shall be deemed given upon personal delivery, or seven (7) days after deposit in the mail, whichever occurs first. Initial notices to the customer shall be sent to the domain name Administrative Contact at the address provided by the customer in the application form.

13.2 Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

13.3 The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Notwithstanding any provisions herein, IP Mirror may in its absolute discretion waive any rights that it may have under this Agreement or the operation of any term or condition which is to the benefit of IP Mirror.

13.4 Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of Singapore. The Tribunal shall consist of a sole arbitrator. The place of arbitration shall be the Singapore International Arbitrator Center. The language to be used in the arbitration proceedings shall be English. The Tribunal shall decide the substance of the dispute in accordance with the laws, or rules of laws, of Singapore. In any action to enforce this Agreement, the prevailing party shall be entitled to costs and attorney's fees.

13.5 This Agreement, as may be amended by IP Mirror from time to time, constitutes the complete and exclusive agreement of the parties regarding the Hosting Packages for use with their domain names.

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