Terms Of Service (TOS)

Thursday, May 8th, 2014

TERMS OF SERVICE (TOS) BETWEEN SV-GERALD INTERNATIONAL PTE LTD (HEREIN CALLED THE COMPANY) AND THE CUSTOMER (HEREIN CALLED THE SUBSCRIBER/MEMBER)
Acceptance Of Offer
It is mutually understood that the offer of “Services” by the Company, constitutes a binding acceptance by the Subscriber/Member and/or the signatory of the offer by the Company and/or its authorized agents to broadcast the information so placed herein and are subjected to the Acceptance User Policy (AUP), Privacy Policy, Terms and Conditions Of Service stated herein.

The Subscribers/Members further agreed to receive email notifications/messages from SV-Gerald International Pte Ltd and it’s subsidiary, any announcement, newsletters, products and services updates and that the Subscribers/Members agreed that such notifications, announcement, newsletters, products and services updates shall not be considered as UCE or SPAM.
Payment
The Subscriber/Member undertakes that he or she has full authority to contract for the offer and/or subscription order published and/or hypertext link within the company and/or its subsidiaries managed website/s. The Subscriber/Member further guarantees full payment of amount shown promptly when due. The Company reserves the rights to temporary suspend or terminate the services if the Subscriber/Member is found to have defaulted in any payment by more than seven (7) days. In the event that the company exercises its right to suspend or terminate the Subscriber/Member for the aforesaid reason, the company shall not be liable to the Subscriber/Member for any loss or damage whatsoever, which the Subscriber/Member may sustain from such suspension or termination of service. Also in the event of such suspension or termination, the Subscriber/Member shall not be entitled to any refund or compensation. Such accrued charges, plus reasonable interest and any collection fees is still deemed due and payable by the Subscriber/Member.
Interruption Of Service
Subscriber/Member acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber/Member agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Subscriber/Member further acknowledges that the company’s liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by Subscriber/Member for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
Disclosure To Legal Authority
The AUP specifically prohibits the use of our service for illegal activities. The Subscriber/Member agrees that the Company may disclose any and all of the Subscriber/Member information including assigned IP numbers, account history and etc. to any law enforcement authority who may makes a written request without further consent or notification to the Subscriber/Member. In addition, the company reserves the rights to terminate all services set forth in this Agreement.
Spam
The Company take a very serious view and does not tolerate the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Subscriber/Member shall not use or permit others to use our network to transact in UCE. Violations of this policy may result in immediate termination of service. Upon notification of an alleged violation of our Spam policy, the Company will initiate an immediate investigation within 24 hours of notification. During the investigation, the Company may restrict Subscriber/Member access to the network to prevent further violations. If a Subscriber/Member is found to be in violation of our Spam policy, the company may at its sole discretion, suspend or terminate the Subscriber/Member’s account. The Company reserves the rights to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.
System And Network Security
Violating or attempt to violate the security of the Company’s network will result in civil or criminal liability. These violations include, without limitation:
o Accessing data not intended for the Subscriber/Member or logging into a server or any account, which the Subscriber/Member is not authorized to access.
o Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
o Attempting to interfere with service to any user, host or network, including without limitation via means of overloading, “flooding”, “mail bombing” or “crashing”. Taking illegal actions to fraudulently obtain services to which the Subscriber/Member is not entitle to.
Termination / Renewal
This agreement with the exception of clause 2, shall be terminated upon either party giving to the other, thirty (30) days advance notice in writing of the intended termination. Subscription of service (s) shall be automatically renewed upon expiry and the Subscriber/Member agreed to pay the charges set by the company unless, notice of termination from the Subscriber/Member is received by the Company within thirty (30) days from date of expiry in writing.
Subscriber/Member Responsibilities
The Subscriber/Member shall throughout the duration of this agreement, agreed to:
Promptly pay all amounts due to SV-Gerald International Pte Ltd.
Promptly inform SV-Gerald International Pte Ltd in the event of any changes to the Subscriber/Member’s name, administrator information, postal address and any other information relevant to the service (s) subscription (s) as the case may be.
Ensure the information published, shall not be used for any illegal or unlawful purpose such as gambling, vice, etc.
Solely responsible for all the contents of the information to be advertised/published/hypertext link with any site that is managed by SV-Gerald International Pte Ltd.
Refrain from advertising site/s and/or information that are published by UCE from other networks. Violations of this policy will result in immediate termination of service.
Refrain from advertising pornographic contents. Account/s found advertising such contents will be subject to immediate cancellation of service without refund.
Indemnify and keep indemnifying SV-Gerald International Pte Ltd for all claims such as libel, slander or infringement of copyrights/trademarks and etc., arising from any materials transmitted or received in connection with the respect of such claim. In no event shall the Company be liable for any special or consequential damages, loss or injury.
SV-Gerald International Pte Ltd Rights
The Company reserves the rights to accept, reject, suspense or terminate any of the services on grounds of national interests, public safety or for any other reasons. In the event that the Company exercises its rights to suspend or terminate the Subscriber/Member for the aforesaid reason/s, the company shall not be liable to the Subscriber/Member for any loss or damage which the subscriber/member may sustain from such suspension or termination of service. Also in the event of such termination, the Subscriber/Member shall not be entitled to any refund or compensation.
SV-Gerald International Pte Ltd shall not be liable to:
The Subscriber/Member or to any third party claiming from or through the Subscriber/Member for any damages or losses caused by the service, or loss or interruption of service.
All claims for libel, slander or infringement of copyrights/trademarks arising from the materials transmitted or received in connection with the respect of such claim.
SV-Gerald International Pte Ltd reserves the rights to all artworks and programs developed for the Subscriber/Member.
Variation
SV-Gerald International Pte Ltd reserves the rights to amend the terms and conditions herein and/or the specific terms and conditions at any time and the Subscriber/Member shall be bound by the terms and conditions so amended. Notice of the amendment shall be published at the website/s of SV-Gerald International Pte Ltd. The Subscriber/Member shall not transfer or assign this Agreement without the prior written consent of the company. The company reserves the rights to assign this Agreement at anytime without consent from or notice to Subscriber/Member.
Acknowledgement And Acceptance
The Subscriber/Member hereby acknowledged, accepted and declared that no promised representation warranty or undertaking whether oral or in writing, has been given by/or on behalf of SV-Gerald International Pte Ltd than in stated agreement herein contained.