Policies

1. Welcome
2. Services
3. Freedom of Speech
4. Prohibited Content
5. Information Privacy
6. Customer Intellectual Property
7. Licenses
8. Limited Liability
9. Security Protocol
10. Fees & Payment
11. Fraudulent Orders
 

1. Welcome

These terms and conditions set out the rights, responsibilities and limitations of the parties involved with Cloud service provided by Symmcom hereon referred to as “service provider” and an individual, group or entity placing order hereon referred to as “client”, “customer” or “end-user”. These Terms & Conditions are effective upon placing an order for any cloud service through the Symmcom website. These terms are subject to change with or without prior notice.

2. Services

All cloud servers, remote off-site backups, hosted services are referred to as “Services” provided by the service provider. The effective date of services is the order date services that were originally purchased. The client must agree with these Terms and Conditions prior to placing an order.

1. The client understands that ordered services and/or related support may not be available due to technical difficulties, equipment malfunction, during scheduled maintenance and/or during any disaster beyond service provider’s control, both natural and man-made. The service provider will provide a minimum 24 hours notice for any scheduled maintenance that may interrupt the client’s service along with details of the maintenance and affected services. The service provider holds the right to commence any emergency maintenance if not doing so may affect the security of the data centre and clients.
2. For certain services, the client may need to install or setup additional services or new versions of software to fully utilize services provided by the service provider. This may include any “updates” or “patches” provided by third-party providers used by the customer.
3. Cloud server services come equipped with a predefined configuration for memory, disk space and virtual CPU. The client can upgrade their services at any time as their need requires.
4. The service provider is not responsible for backing up client virtual servers or cloud servers. Each cloud server comes with a certain backup option and the client is solely responsible to do their own backup. Backup options are available through the Client Area.
5. The service provider holds all rights to relocate any equipment used to provide services at any time with advanced notice to the client. Clients will never have any physical access to any service-related equipment or any equipment managed by the service provider.
6. The client agrees to provide accurate information during ordering any services from the service provider. The service provider must be able to contact the client. Any falsified information provided by the client may prevent any services to be activated or suspended at the service provider’s discretion. 

3. Freedom of Speech

1. Service provider, Symmcom exercises and supports freedom of speech over the internet. Clients using cloud server services are free to open any sites(with exceptions mentioned in the section, Prohibited Content) to express their own opinion and share opinions between other internet users.
2. The service provider will never be held responsible for any comments made on clients' websites hosted on their cloud server provided by the service provider. If any disapproval of client-hosted content is brought to the service provider’s attention, the service provider will look into the matter from a neutrally unbiased point of view. Any client sites violating the “Prohibited Content” policy will be suspended and the client will be notified immediately.

4. Prohibited Content

CLIENT MUST FOLLOW THE CONTENT LIMITATIONS LAID OUT IN THIS SECTION. FAILURE TO DO SO WILL CAUSE IMMEDIATE SUSPENSION OF SERVICE.

1. NO pornographic content of any sort or nature or genre.
2. NO recruiting or content-based sites for act of terrorism or any illegal activities defined as illegal by local law.
3. NO sites or contents for the sole purpose to abuse certain group.
4. NO illegal or pirated content through torrent or any other Peer-To-Peer (P2P). This includes but not limited to Movies, Music, Books, Software or any other intellectual properties.

5. Information Privacy

1. The service provider will NEVER sell client information to third-party for any purpose. Service provider may disclose client information for a legal purpose only after approached by law enforcement with sufficient warrant to do so.
2. Client information is only used by authorized personnel of the service provider to communicate and process payment.

6. Customer Intellectual Property

1. Should the client decide to wilfully terminate service with service provider, client can download or request access to their data uploaded on service provider's cloud.
2. The service provider will only withhold access to the client’s intellectual property if there are unpaid outstanding invoices or fees not paid by the client. Upon clearing all dues, service provider will grant access to client’s data or intellectual property.

7. Licenses

1. The service provider does not provide any free licenses for the operating system or any other software to be used with cloud service unless clearly specified so. All cloud service customers are responsible for purchasing their own licenses.
2. The service provider will NOT take any responsibility if the client uses any illegal or pirated licenses for their operating system or any software on the virtual servers provided by the service provider.
3. The service provider holds complete right to inquire license validity information from all customers of cloud service.

8. Limited Liability

1. In no event, the service provider will be liable to the client or any third-party making claim based on provided service for Loss of Business, Loss of Profit, Loss of Revenue, Loss of Data, any direct or indirect damages to client data or physical equipment, Loss of Reputation. This limitation applies even after the service provider is notified or advised of any possibility of such damage or incident.
2. The service provider will accept no liability for any damages done to the third-party by the client using cloud service provided by Symmcom Inc. The nature of damage includes but is not limited to monetary, reputation, data loss, loss of life. 

9. Security Protocol

1. Customer is solely responsible for any password used in their servers or services to ensure security. The service provider will not be held responsible for damages or losses which occur due to stolen password by the client’s negligence.
2. The service provider does not keep any record of any server password used by the client to access and protect their services. If the client misplaces any password for a virtual server, the service provider will not provide support to reset the password. In such a scenario, the client will be solely responsible for password retrieval or reset the virtual server to default. If the client misplaces the password to access the Client Area (https://client.symmcom.com) of the management console, the client can reset their own password through the “Request a Password Reset” link provided at the login page of the management console.
3. The client is responsible to notify the service provider should their login information be compromised.

10. Fees & Payment

1. All cloud services provided by the service provider are set for the monthly billing period unless a specific billing date is specified.
2. The client agrees to pay all issued invoices, charges, fees related to the provided service. The client also holds the right to dispute any issued invoices, charges or fees. The service provider will thoroughly investigate all disputes and issue the refund only if applicable. The client must contact the service provider via email in written form for any dispute.
3. The service provider may increase fees if, overall cost increases due to cost changes for utilities, vendor surcharges or client requirements for additional service. The service provider will provide a full thirty (30) calendar days' written notice to the client through the email address in the client record prior to any changes.
4. The service provider may charge additional fees to reactivate any suspended or terminated account due to non-payment.

11. Fraudulent Orders

1. All fraudulent orders are subject to cancellation. Fraudulent orders are detected based on mismatch address, high-risk IP address, blacklisted email addresses, past fraudulent activities and repeated autonomous order.
2. The provider Symmcom holds total rights not to issue any refund for any fraudulent orders. 
3. If any orders are not detected as "fraud: at the time of order but detected, later on, Symmcom as a provider holds the rights to seize all customer access to their content already stored on Symmcom Cloud.

Introduction

Unlimited Web Maintenance is a no-contract month-to-month service package to fully maintain a website.  This Service Level Agreement is to clearly identify the service and to establish expectations of both the service provider, Symmcom and the client. 

Service Features

Following services are included in the package:

• Daily Backup
• CMS Site Platform Update/Patch
• Security Audit
• Deploy Site Firewall
• 24/7 Monitoring
• Full Disaster Planning and Recovery
• Malicious Code CleanUp
• Minor Content Editing
• Basic Search Engine Optimization
• Regular Site TuneUp

Client Requirement

Under this SLA, the service provider will assume 100% of the responsibility of the site. To prevent any known or unknown change made by the client, the service provider will create new login credentials for site management. All other existing credentials will be disabled but not removed. Any change requests or concerns must be expressed through Ticket System under Symmcom Client Area.  

Service Provider Responsibilities

The service provider will perform all tasks necessary to fully maintain the client site. At the event of the site is compromised due to malicious code or SQL injection, the service provider is fully responsible to bring site online as soon as possible through site clean up or full site restore. The service provider holds full rights to take the proper course of action. 

The service provider will not be responsible for any intrusion taking place after the service is canceled or suspended due to non-payment. The service provider will also not be responsible if the client insists to have the credential to access any site management area during the SLA is active. 

Service Cancellation

The Client can cancel the service any time with 30 days of advance notice. The service will also be automatically canceled or suspended if there is any outstanding invoice due more than one month from the date due. The service provider will restore all previous credential created by the client and disable or remove the credential created by the service provider.