This Agreement ("Agreement") is a binding agreement between Madx Panel Sdn Bhd and the person or entity (“you” or “your”) on whose behalf this Agreement is executed.
This Agreement governs your use of any and all services and/or support provided by Madx Panel Sdn Bhd.
This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
Payment shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, additional services, cancellations and services credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
All payments must be in US Dollars or Ringgit Malaysia.
Customers are responsible to pay the transaction fees for Telegraphic Transfer. Transaction fees will be accumulated the next time you make a payment; that is if billed to Madx Panel.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
We may suspend the Services and/or terminate this Agreement forthwith without notice to you if we determine:
You may cancel the Services at any time.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Our servers may not be used as a backup/storage system. Madx Panel Sdn Bhd not allows any account’s website backup data to be stored in our web hosting server. Madx Panel Sdn Bhd reserves the right to remove the file backup or file storage at any time, for any reason or no reason, and with or without notice. We is not responsible for any damages or loss of data.
We perform automated backup on a daily basis. In any case of catastrophic event, disaster recovery will be performed to recover any loss data.
Each client is expected and encouraged to maintain backup copies of their own data. Madx Panel Sdn Bhd does not provide or keep records and copies of our client’s website files, emails. Madx Panel Sdn Bhd is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
There are no refunds on dedicated server packages, setup fees, add-on services, dedicated IP address, managed service fees or software licenses. Should you Violate the Terms of Service Agreement outline within shall result in no refund.
You may cancel the Services at any time by logging into your Madx Panel Member Services Control Panel, or at least fifteen (15) days prior to expiration of your current term and requesting cancellation.
If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
When an account is terminated, all files and data will be destroyed from our servers immediately. This includes any and all backups. Please be sure to back up all your files and data before cancelling your accounts.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF MADX PANEL SDN BHD AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Notices to Madx Panel Sdn Bhd under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Madx Panel Sdn Bhd shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Madx Panel Sdn Bhd’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Madx Panel Sdn Bhd unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Madx Panel Sdn Bhd’s prior written consent. Madx Panel Sdn Bhd’s approval for assignment is contingent on the assignee meeting Madx Panel Sdn Bhd’s credit approval criteria. Madx Panel Sdn Bhd may assign the Agreement in whole or in part.
The clients agreed and warrant Madx Panel Sdn Bhd that the use of those service(s) provided by Madx Panel Sdn Bhd will not going to subject Madx Panel Sdn Bhd to any claim(s). The clients further agreed if Madx Panel Sdn Bhd are sued or threatened with lawsuit in connection with service(s) provided to the clients, Madx Panel Sdn Bhd may turn to the clients to indemnify, defend and hold Internet Webhosting harmless from the claims and expenses including attorneys fees and court costs.
Madx Panel Sdn Bhd will NOT BE RESPONSIBLE for any incidental, consequential, special or punitive damages or lost or imputed profits or royalties that your business may suffer. We make no warranties of any kind, expressed or implied for services that we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by our webhosting service and our employees. We reserve the right to revise the policies at any time. Therefore all end users, resellers and dedicated servers of us must adhere to the above policies.
You agree that Madx Panel Sdn Bhd may modify and amend this Terms at any time without notice. Unless explicitly stated otherwise, any new service introduced by Madx Panel Sdn Bhd, shall be subject to this Agreement. All such notices are hereby incorporated by reference into this Agreement. You are responsible for regularly reviewing Madx Panel Sdn Bhd posted on our Website. By continuing to use Madx Panel Sdn Bhd website, you are deemed to have agreed to be bound by any modifications and amendments to this Agreement.