All ModernOne Data Solutions Sdn. Bhd. products and services provided are subject to this TOS (Terms Of Service). Use or purchase our products or services are constitutes acceptance and agreement to ModernOne Data Solutions Sdn. Bhd. TOS and AUP (Acceptable usage policy) where by TOS and AUP are subject to change at any time without prior notice. By cliking on the “I Accept” button, you acknowledge that you have read this agreement and the AUP, and agree to be bound by all terms and conditions of this agreements as well as all policies and guild line of the AUP.

Refund Policy
All payment made to ModernOne Data Solutions Sdn. Bhd. are not refundable. This included and not limited to Setup Fee, subscription fee, Domain registration fee and all others fee you have pay to ModernOne Data Solutions Sdn. Bhd.. All overcharge must be report to ModernOne Data Solutions Sdn. Bhd. in advance before you report to the Credit Card issuer. You agree be charged $50.00 administrative fee, If you report overcharge to your Credit Card issue before inform ModernOne Data Solutions Sdn. Bhd. prior in advance.

Forfeit of Fund
In the event when customer have no active service in ModernOne for 3 years, the fund in your account with ModernOne Data Solutions Sdn. Bhd. will be forfeited.

Change Package, Upgrade and Downgrade
All packages purchased can be upgrade at any point of time during or by end of service period without additional charges. Clients required to only pay for the differences. All packages purchased can be downgrade at point of time during or by end of service period. However the differences will not be refund in any form to the client. Minimum of one full billing cycle is required to maintain for recent upgraded package as maintenance period. However this  maintenance period does not apply to recent downgraded package.

Cancellation of Service
If you decide you no longer need or want your web hosting account, you may cancel at any time. To cancel an account, simply submit your cancellation service support ticket to us, and include your name, address, account username, domain name of the hosting account, and reason for your cancellation before or at the same day you receive our invoice. Our invoice will send to you 10 days before expiry date. There will be no further charges to your credit card from the time that you cancel your account provided a 10 days prior notice required for managed dedicated server and 60 days for colocation services. Charges already made to your credit card however, cannot be refunded.

Service Level Agreement (SLA)
Our service level agreement (SLA) is our commitment to giving you the highest standard of customer service, support and care. We will credit your account with double the period in excess of this guarantee within any month up to 100% of your monthly fee for the affected server. Planned maintenance is not covered by SLA (refer exceptions section below) . In the event of network infrastructure unplanned maintenance, customer are covered and entitle for SLA coverage.

  • Network Infrastructure SLA – You’ll benefit from our network infrastructure availability, with a 99.9% connectivity guarantee. Network Infrastructure availability means that all infrastructure including core routers, core switches and cabling is working. Hardware, Services, and software running on your servers are not defined as part of the network infrastructure.
  • Hardware SLA – ModernOne are offering 99% hardware uptime SLA. We guaranty the functioning of all server hardware components and will replace any failed component at no cost. Hardware is defined as the processor, RAM, hard disk, motherboard, NIC card and other related hardware included with the server. This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems and migration data to new server.

SLA claim entitlement process:

  • Customer shall open support ticket during the outage in question
  • downtime will be calculated started upon receive customer support ticket
  • Customer shall provide PIC mobile and email.
  • Detail products such as domain name, server IP, server name
  • Detail outage such as date, time ad area of outage
  • Customer shall provide PIC mobile and email.
  • Requests for credits must be submitted via Ticketing System within 3 days upon ending of outage

SLA Exceptions:

  • DDoS or similar attacks on our network / servers
  • Third-party software failure such as Cpanel, WordPress etc..
  • Your usage maxed the allocated resources
  • Customer missed-configuration
  • Network connection outside our network such as from your ISP to our network
  • Schedule maintenance is not cover under SLA
  • Any act of god, Government enforcement, war, terrorism and circumstances out of our control

SLA Calculation example:
Downtime of the month: 24 hours
Yearly hosting fee: RM300
Days of the month: 30 days
Business hosting uptime SLA: 99%
Business hosting downtime allowed: (24 x 30) x 1% = 7.2
SLA Credit: double the period in excess of this guarantee
Uptime calculation: 100% – (48 / (24×30)) = 93.33%
Credit for client: (48-7.2) x (RM300 / 365 / 24) x 2 = RM2.79

Customer Default Payment / Failure to Pay
ModernOne may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all data lost, accrued charges, plus reasonable interest and all collection fees, including legal expenses. Or your Credit cards that are declined for any reason or Paypal payments that are either rejected or not made when Services. Your whole account will be suspended once you fail to pay any outstanding bill for more than 1 day. Once suspended, you will be charged a $25.00 suspended fee + outstanding bill to unsuspend your account. Accounts not paid in full by the due date are subject to a $5 late fee that accrues daily until paid in full. Accounts that are not collectable by ModernOne Data Solutions Sdn. Bhd. may be turned over to an outside collection agency for collection. If you account is turned over for collection, you agree to pay the company an additional “Collection“ fee of not less than $50.00 not more than $150.00. If you desire to cancel the account, please submit a Service Cancellation ticket at http://www.nocser.net/clients/

Modification:
ModernOne reserves the right to modify or revise this SLA at any time. We will notify via Email / Client Area announcement

ModernOne Data Solutions Sdn. Bhd.
No93-2A, Jalan TSK 1,
Taman Kajang Sentral
43000 Selangor.
Malaysia