General Terms and Conditions
1. Definitions:
Sino Asia Industrial Limited is referred to as "We," "Us," and "Our" throughout this document. "You", "Customer", are the individual specified herein. "Contract” and "Agreement" outlines the agreement between you, the customer, and us. It includes the terms stated herein, our attached quotation (if any), and the Terms and Conditions on this page, which may be amended and supplemented in writing from time to time. "Fees" refer to the charges we impose for the Products and/or Services detailed herein. We reserve the right to modify these Fees in accordance with this Agreement. You are responsible for paying any and all taxes and duties (excluding income tax) that may be levied on us in connection with this Agreement. "Network" encompasses any telecommunications network, including our own and any operated by a common carrier, that is necessary for us to provide the Internet Services to you. "Regulatory Authority" refers to the Office of the Telecommunications Authority in Hong Kong Special Administrative Region, or its successor entity. "Personal Information" is the data you have provided about yourself in the designated section of this. "Products" include any hardware you may lease, borrow, or any software you may be licensed to use, as per this Agreement. "Services" are the offerings we provide under this Agreement. Your Subscription to our Services is subject to your compliance with the notified terms and conditions.
2. Term
This Agreement shall take effect upon our acceptance and shall remain in force unless and until terminated in accordance with Section 8. If you terminate the Agreement prior to the termination date established herein, other than due to a material breach on our part that remains unresolved five (5) days after your written notice to us, you will be liable for a cancellation fee equal to the number of remaining months on this Agreement multiplied by the monthly charge..
3. Payment
All payments must be remitted to Sino Asia Industrial Limited. The Periodic Charges are due monthly in advance. Any other Charges are payable as specified in the attached document. Payment for the Charges is due by the date stated on the invoice we provide to you. We may bill you for our Charges at any time, and any delay shall not be considered a waiver of the Charges. If payment is not received by or on the due date, you will be charged interest on all outstanding amounts at a rate of 2% per month or the maximum legal rate, whichever is higher. This interest will accrue from the due date until the date the full payment is made. We reserve the right to pursue any other legal or equitable remedies available to us, and any costs incurred in doing so will be solely your responsibility.
4. Disputed Charges
If you do not query any Charge on an invoice before the due date, you will be deemed to have waived any corresponding rights and unconditionally accepted the accuracy and appropriateness of that Charge.
5. Charge Amendments
Sino Asia Industrial reserves the right to amend any provisions herein, including charges related to electrical supply, energy, fuel, demand, and other Data Center-related costs. We will provide you with at least 30 days' advance notice before any such amendments take effect.
6. Customer Obligations
You are subject to the following obligations: (a) You must abide by the generally accepted rules of conduct for proper use of Internet resources, as outlined in our Acceptable Use Policy, which may be updated from time to time. (b) You are only permitted to use the Products and/or Services for your own internal business or personal purposes, or as we may expressly authorize in writing. Any other use, such as reselling our services, email spamming, bulk messaging, or unsolicited communication, is prohibited.
(c) You must take reasonable precautions to prevent unauthorized or illegal use of our Products and/or Services, and comply with any instructions or regulations issued by us and/or the Regulatory Authority. You will be liable for the actions and omissions of all users associated with this Subscription. (d) If you choose not to use Products supplied by us, you must provide your own compatible equipment and/or software at your own cost.
7. Suspension of Services
(a) We may suspend the Services, in whole or part, at any time without notice and without liability, if any Network(s) fail, cease to be available to us, or require modification or maintenance. You will remain liable for all Charges incurred before and during any suspension period, unless we decide otherwise. (b) We may temporarily suspend the supply of Products and/or provision of Services without notice if you fail to comply with any terms of this or any other Agreement, or if any other circumstances occur that entitle us to terminate this Agreement. Following a suspension under this Section 7(b), we may charge you a reconnection fee to regain access to our Services and require revised payment terms.
8. Termination
(a) After the initial term of this Agreement, either party may terminate with 30 days' prior written notice. (b) We may terminate this Agreement, any other Subscription, and/or any corresponding license immediately, with prompt written notice to you, if:
(i) you fail to pay any Charges in full by the due date; (ii) you breach any terms, conditions, warranties or representations in this or any other agreement with us; (iii) you become insolvent, bankrupt, or we reasonably believe you cannot pay Charges when due; (iv) there is any unauthorized modification of hardware or software we provided; (v) any of your Personal Data is found to be false, inaccurate or missing; (vi) we cease to make the subscribed Services generally available to customers; (vii) any third party fails or ceases to make the necessary Network(s) available to us; or (viii) we are instructed to do so by the Regulatory Authority.
9. Effect of Termination or Suspension
(a) If we terminate or suspend services under Sections 7(b) or 8(i)-(v), you will not be entitled to any pro-rated refund or credit for unused portions of paid Charges. (b) If we suspend or terminate services, you have no right to any data stored, and we are under no obligation to provide access to or copies of such data. Upon termination, your stored data will be permanently deleted without further notice. (c) After any termination or suspension, we may refuse any request by you to reconnect to our Services. (d) For Colocation Services, you must remove all your equipment from our premises within 3 days of termination or expiration. If not removed within 3 days, or if outstanding charges remain unpaid for 3 days after written demand, we may dispose of the equipment at our discretion.
10. Responsibility of Subscriber pertaining to Products
You shall not tamper with or modify the Products. You will indemnify us against any loss, damage, costs, expenses, or fees we incur due to your violation of this provision.
11. Ad Hoc Services
We may provide you with a Personal Identification Number (PIN) to access our Service Department for ad-hoc services. You must take reasonable precautions to prevent unauthorized use of your PIN. You will be liable for all charges incurred through use of your PIN until you notify us in writing of its loss or unauthorized use. We may change your PIN at our sole discretion upon prior notice to you.
12. Your Personal Data
We may transfer your Personal Data: (i) To governmental authorities as required by applicable laws and regulations; (ii) To our holding company, subsidiaries, assignees, and third parties performing services at our request who need access for providing Products, Services, or conducting our business. You consent to us using your Personal Data for the above purposes, as well as any other reasonable business purposes. Your consent survives termination of this Agreement. You may request access to and correction of your Personal Data at any time by written notice to our Account Service or Customer Relation Management Department.
13. Warranties and Liability
All implied representations, warranties, and other terms are excluded to the fullest extent permitted by law. We will not be liable for any loss or damage, except as expressly provided in this Agreement. Our total liability shall not exceed the aggregate Charges paid by you to us in the calendar month (or lesser period) preceding your claim.
14. Force Majeure
We will not be liable for any failure to perform obligations due to factors outside our control, including events of force majeure.
15. Time to Make a Claim
You must notify us of any claim in writing within 28 calendar days of the incident, or your rights will be waived.
16. License
For the duration of this Agreement, you license us to use your software and information (excluding Personal Data) as we see fit.
17. Indemnification
You will fully indemnify us against all third-party claims arising from this Agreement, your duties, or the provided Products/Services. This indemnity survives termination.
18. Assignment
You may not assign this Agreement without our prior written consent. We may assign it to any service provider, while remaining liable for breaches.
19. Governing Law
This Agreement is governed by the laws of Hong Kong SAR. You irrevocably agree to the non-exclusive jurisdiction of Hong Kong courts.
20. Notice
Notices must be in writing and delivered by hand or mail to the addresses provided. Notices are deemed received 2 business days after posting in Hong Kong.
21. Severability
If any provision is illegal, invalid or unenforceable in a jurisdiction, it is ineffective only to that extent, without invalidating the rest of the Agreement.