Terms & Condition Print

Terms & Condition

Revision date: Feb 2024

GENERAL

• 1.1. READ THIS AGREEMENT CAREFULLY BEFORE USING ANY TYMCLOUD SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER (referred to herein as “CUSTOMER”) AND TYM GROUP DIGITAL SDN. BHD. (hereinafter referred to as “TYMCLOUD”).
  
  
• 1.2. Please note that this agreement is subjected to change and it is CUSTOMER’s responsibility to regularly check for modifications. If CUSTOMER signed up for the Service before the Revision date listed above, the new version will become effective thirty (30) days after the Revision date listed above. Continued use of the service constitutes acceptance of the new version of this agreement.
  
  
• 1.3. TYMCLOUD reserves the right to terminate or refuse service to anyone, at any time and for any reason, including but not limited to violation of TYMCLOUD’s Acceptable Use Policy (AUP) or laws of Malaysia. Should TYMCLOUD terminate CUSTOMER’s service for a reason other than violation of the Acceptable Use Policy, TYMCLOUD will issue CUSTOMER a refund for the remaining paid period of service. Under no circumstances is TYMCLOUD responsible for any damages resulting from termination of service. TYMCLOUD reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without a cause.
  
  
• 1.4. TYMCLOUD has the right to cancel products and services without refund for pending orders due to insufficient information and/or documents supplied. All information & document(s) shall be submitted to TYMCLOUD within 90 days from the purchase date, any failure to do so will result in the cancelation of the service/product by TYMCLOUD.

OUR OBLIGATIONS

• 2.1. TYMCLOUD will provide the web hosting and supplementary services in accordance with the product description and in accordance with the existing policies.
• 2.2. TYMCLOUD is obligated to provide all web hosting services and service all CUSTOMERS in a prompt and professional manner.
• 2.3. TYMCLOUD will never sell or disclose CUSTOMER’s contact information, data or CUSTOMER lists to any third party, unless required by law or specifically authorised by CUSTOMER.

CUSTOMER OBLIGATIONS

• 3.1. CUSTOMERS must use reasonable security precautions in regard to using TYMCLOUD services.
• 3.2. CUSTOMER is obligated to comply with the current Malaysian laws and with AUP.
• 3.3. CUSTOMERS are required to cooperate with TYMCLOUD during investigation of service outages, security problems, and/or any suspected breach of the AUP.
• 3.4. CUSTOMER is responsible for keeping account permissions, billing, and other account information up-to-date. CUSTOMERS are obligated to pay the fees for the services within the period of time stated in the invoice to avoid suspension of service.

DATA CENTRES & SERVER COLOCATION

• 4.1. TYMCLOUD is determined to provide the best server facilities for all our CUSTOMERS. Therefore, CUSTOMERS agree to relocation of servers within our data centres, changes to the provision of the services, IP Adresses, DNS records and zones. In each case, TYMCLOUD will provide a notice in advance within a reasonable time frame and take all the reasonable actions to minimise the effect of such changes on the use of our services.
• 4.2. CUSTOMERS have up to 30 days to remove any server/device from our premise after cancellation or service expiration.
• 4.3 TYMCLOUD will start charging RM100.00 per month for storage fees if the server/device are not removed after 30 days.
• 4.4 Should any server/device still remains with TYMCLOUD after 180 days, it is deemed CUSTOMERS are no longer interested in the server/device. TYMCLOUD reserves the right to dispose the server/device after 180 days.

WEBSITE MIGRATION

• 5.1. TYMCLOUD migration team will make every effort to help CUSTOMER migrate the website and its content over to us. However, please take note that this service is provided as a courtesy to CUSTOMER that is performed on the “best effort” basis and TYMCLOUD cannot be held responsible should there be any migration failure due to various reasons. TYMCLOUD cannot guarantee all data transfer to be accurate and cannot estimate the exact time required to complete the migration.
• 5.2. Some web hosting companies save data in their propriety format making migration difficult or in some cases impossible. Although TYMCLOUD will surely make the best effort to complete the migration, in some cases we may not be able to assist.
• 5.3. TYMCLOUD Shared Hosting migration services are completely free of charge within 5GB and are offered for 30 days from the sign-up date. Migrations made outside this 30-days free migration period or websites exceeding 5000MB (5GB) will incur a one-time professional service charge calculated on hourly basis. Please contact our sales department for a quotation.

SCRIPTS AND SOFTWARE

• 6.1. It is CUSTOMER’s responsibility to ensure that scripts/programs/software are properly installed in CUSTOMER’s account. TYMCLOUD is not responsible for securing and setting the permissions of directories. TYMCLOUD recommends CUSTOMERS to set highly restrictive permissions (such as 755).
• 6.2. CUSTOMER is ultimately responsible for all actions taken under CUSTOMER’s account. This includes but not limited to the compromising of credentials such as username and password. It is required that CUSTOMER uses a strong and secure password. If the password is weak, CUSTOMER’s account may be suspended by TYMCLOUD until the password is replaced with a more secure password.

RESOURCE USAGE

• 7.1. CUSTOMER may not use 25% or more of system resources for longer than 90 seconds at a time. If CUSTOMER overuses the allocated shared resources, his account will be suspended for 24 hours. If the account repeatedly causes server overload, TYMCLOUD reserves the right to terminate the account permanently or impose an overload penalty fees to the CUSTOMER. To avoid such suspension or penalty fees, TYMCLOUD advises CUSTOMERS not to use our Shared Hosting resources for their activities, which include but are not limited to torrent applications, trackers, file-sharing, peer-to-peer activities, IRC chat module, video streaming, gaming applications, web spider or indexer, daemons and heavy cron-jobs. Please refer to the Acceptable Use Policy and our Shared Hosting Resource Limits for more details on permitted and prohibited practices of using TYMCLOUD resources.
• 7.2 SHARED HOSTING 
• 7.2.1. TYMCLOUD uses CloudLinux OS (LVE) to ensure stability and security of all Linux Shared Hosting accounts in our system. Today, a single website can consume all CPU, IO, Memory resources or apache processes and bring the server to a halt. This is the most common reason for server downtime. LVE is designed especially for servers being used by multiple users, making the situation where one or several users cause severe load or even hang up the server impossible. LVE allows to track and limit the resource usage for the benefit of all users. For Windows Shared Hosting TYMCLOUD uses a similar virtualisation technology to allocate shared resources.
  1. CPU LIMIT
     Each account in the Linux Shared Hosting has an allocated amount of CPU depending on your service subscription. If your account hits this limit, your website will show a “508-Resource Limit Reached” error page. Each account in the Windows Shared Hosting environment is allowed to use not more than 15% of the total CPU of the server. If your account hits this limit, your website will slow down.
  2. MEMORY LIMIT
     Each account has an allocated amount of virtual memory and of physical memory depending on your service subscription. If your account hits this limit, your website will show a “508-Resource Limit Reached” error page.
  3. ENTRY PROCESSES
     TYMCLOUD provides an amount of concurrent connections based on your service subscription. CUSTOMERS won’t normally hit this limit unless they have poorly coded scripts that fail to execute properly. CUSTOMER website will show a “508 error” if this limit is reached. If CUSTOMER’s account is continuously hitting the limits and it is affecting the running of the website, please contact support to discuss options. We can assist with diagnosing any problematic scripts to reduce usage or help you upgrade to a dedicated environment.
  4. HOSTING SPACE
     Shared hosting accounts are meant for hosting Customer’s website content. The hosting space utilised as backup/storage device is strictly not permitted. We also do not allow audio/video content streaming to be hosted on shared servers due to the high level of bandwidth and resources usage as such content can cause unfair resources division and even overload. However, if you plan to host sites with media content, Dedicated Server will be a better solution for websites with interactive content and media libraries. We strongly recommend you approximately estimate the amount of resources your site and applications used by testing them, if possible, and then choose a server of appropriate configuration.
  5. EMAIL

• All Shared Hosting plans are set with an hourly sending limit of not more than 200 emails within a given hour except for Business Class Shared Hosting which has a 400 email sending limit per hour. This policy is important to prevent spamming activities, either deliberate or through poorly secured computers that are hacked for sending spamming emails. The maximum email size (which includes email content, header, attachment, etc) we allow on our shared hosting server is 50MB per email.

• MYSQL
  In the interest of server stability, you must try to keep your MySQL databases optimized, less than 3000 tables per database or less than a total of 5000 tables combination of all databases per hosting account and less than a total of 5 GB size combination of all databases per account, whichever is lower.

  7.2.2. TYMCLOUD does not allow the use of UBB or YABB bulletin boards on Shared Hosting Servers. The use of flat files instead of databases can result in significant system performance degradation. You may consider using Vbulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards, or consider a VPS or Dedicated Server.
  
  
• 7.3. UNLIMITED USAGE
• 7.3.1. TYMCLOUD does not set a limit or cap on the amount of resources a single CUSTOMER can use. TYMCLOUD makes every commercially reasonable effort to provide its CUSTOMERS with all the resources needed to power their web sites successfully. TYMCLOUD’s offering of “unlimited” services is not intended to allow the actions of a single or few CUSTOMERS to unfairly or adversely impact the experience of other CUSTOMERS.
• 7.3.2. In a Shared Hosting server, multiple CUSTOMERS’ websites share the same server resources. TYMCLOUD’s service is designed to meet the typical needs of a small business website. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
• 7.3.3. TYMCLOUD will make every commercially reasonable effort to provide additional resources to CUSTOMERS who are using our services, including moving CUSTOMERS to newer and bigger shared servers as necessary. However, in order to ensure a consistent and high-quality experience for all CUSTOMERS, TYMCLOUD does place automated safeguards to protect against any website growing too quickly and adversely impacting the system. Such safeguards will take action until TYMCLOUD can evaluate said website’s resource needs. Accounts with many files (depending on your service subscription) can have an adverse effect on server performance. Similarly, accounts with an excessive number of MySQL tables (i.e., over 3000 tables per database or 5000 per subscription) or large database size (i.e., more than 5GB total MySQL usage per account or 2GB MySQL usage in a single database) negatively affect the performance of the server. TYMCLOUD may request CUSTOMER to reduce the number of files/inodes, database tables, or total database to ensure proper performance or may terminate CUSTOMER’s account, with or without prior notice.
• 7.3.4. Unlimited Domain Hosting. TYMCLOUD does not set arbitrary limits on the number of domain names a CUSTOMER can associate with the CUSTOMER’s web hosting account. However, TYMCLOUD reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other CUSTOMERS.
  
  
• 7.4. UNMETERED
• 7.4.1. If Customer is given a 1Gbps (1000Mbps) Unmetered Bandwidth then the Customer is able to push and pull as much data as it can handle without fear of overage costs, up to 1Gbps per month. If the Customer exceeds the commercially reasonable bandwidth consumption, the speed will be going to be throttled until the next following month or until the customer upgrades their package.
• 7.4.2 1Gbps (1000Mbps) Unmetered Bandwidth in Shared Hosting means collectively the entire server can burst up to 1Gbps. Hence, all shared hosting accounts in the same physical server can use up to 1Gbps in total bandwidth at any time. If the Customer exceeds the commercially reasonable bandwidth consumption, the speed will be going to be throttled to prevent speed interruption to other customers in the same server.
• 7.4.3 1Gbps (1000Mbps) Unmetered Bandwidth in VPS means collectively the entire VPS server node can burst up to 1Gbps. Hence, all VPS accounts in the same physical server can use up to 1Gbps in total bandwidth at any time. If the Customer exceeds the commercially reasonable bandwidth consumption, the speed will be going to be throttled to prevent speed interruption to other customers in the same server.
• 7.4.4 Unmetered Bandwidth in Dedicated Servers means TYMCLOUD does not set a limit or cap on the amount of resources a single CUSTOMER can use. There will not be any extra cost incurred at the end of the month billing. TYMCLOUD makes every commercially reasonable effort to provide its CUSTOMERS with commercially reasonable bandwidth consumption. If the Customer exceeds the commercially reasonable bandwidth consumption, the speed will be going to be throttled to maintain fair usage to all customers.
  
  
• 7.5. INODES
• 7.5.1 If accounts are found to be exceeding their inode limit, some of your services may encounter interruption as you will no longer be able to create or upload new files. In this case, you will be required to clean up unwanted files. To reduce the inode counts, you only need to delete the files or emails you no longer need. Alternatively, you could also download the emails to your local system. Inodes (File Count) can be seen from your control panel.
• 7.6. BACKUP LIMIT AND DATA LOSS
• 7.6.1. Shared and Reseller Plans
  Any Shared Hosting account using more than 10GB of disk space or 150000 Inodes, will be removed from our backup schedule. All data will continue to be mirrored to a secondary drive (RAID), however, this is not a solution for backups. Take note that backup service is provided as a courtesy service and TYMCLOUD cannot be held liable for any data loss. TYMCLOUD is not responsible for files and/or data residing on the CUSTOMER’s account. CUSTOMER is advised to maintain a backup copy of their data on their own. For Reseller plans, these limits apply to each cPanel individually.
• 7.6.2 Cloud & VPS Hosting Plans
  There is no backup for VPS Plans, unless it is stated otherwise in the product description. CUSTOMERS must subscribe to “Our backup” services to remote data backup.
• 7.6.3 Linux/Windows  Dedicated Servers 
  There is no backup for Dedicated Server Plans, unless it is stated otherwise in the product description. CUSTOMERS must subscribe to “Our backup” services to remote data backup.
• 7.7. BANDWIDTH USAGE
  7.7.1. CUSTOMER is allocated a monthly bandwidth allowance and it varies according to the package purchased. Should the CUSTOMER’s account pass the allocated amount, the account will automatically be suspended. The account will be unsuspended when the next allocation period starts or when the CUSTOMER upgrades to a higher package or pays additional fees for the overages. Unused bandwidth in one month cannot be carried over to the next month.

DOMAIN NAME

• 8.1. In no event will registrar, registry operator or service providers or contractors or third party beneficiaries be liable to the registrant for any loss of registration and use of the order, or for interruptions of business, or any special, indirect, incidental, punitive, exemplary or consequential damages, or any damages resulting from loss of profits, arising out of or in connection with this agreement, regardless of the form of action whether in contract, or otherwise, even if registrar and/or its service providers have been advised of the possibility of such damages.
• Customer agrees that TYMCLOUD’s entire liability to customer, shall be limited to the fees customer paid to TYMCLOUD for the particular service in contention.
• TYMCLOUD and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of TYMCLOUD’s services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, TYMCLOUD’s liability shall be limited to the smallest amount permitted by law.
  
  
• TYMCLOUD disclaims any loss or liability resulting from:
  • Access delays or interruptions to our website or domain name registration system;
  • Data non-delivery between CUSTOMER and TYMCLOUD;
  • Events beyond TYMCLOUD’s control (i.e. acts of God);
  • The loss of registration or processing of a domain name or the use of a domain name;
  • The failure for whatever reason to renew a domain name registration;
  • Premium/Reserved domain names are not applicable for normal price;
  • The unauthorised use of CUSTOMER’s account with TYMCLOUD or any of services provided to CUSTOMER by TYMCLOUD;
  • Errors, omissions or misstatements;
  • Deletion of, failure to store, or failure to process or act upon email messages;
  • Processing of updated information to CUSTOMER’s registration record;
  • Development or interruption of CUSTOMER’s website;
  • Errors taking place with regard to the processing of CUSTOMER’s application;
  • Any act or omission caused by CUSTOMER or CUSTOMER’s agent (whether authorised by CUSTOMER or not)
  • Please view Registrant Rights and Responsibilities for more details.
• 8.2 Customer Agrees that by purchasing any domain on https://www.tymcloud.com , the invoice initially generated by the system might not be the verified and accurate invoice for processing as the system does not detect special domain name purchases. This applies to All Premium/Reserved domains that may only be identified by TYMCLOUD’s domain department while reviewing the order prior to processing.
• 8.3 FREE DOMAINS 
• 8.3.1. In the event you are provided with a free domain available with selected promotional web hosting packages, you acknowledge and agree that once the domain name is registered, it is non-refundable. Therefore, any refund request processed will have the domain name’s original price deducted from the total of the hosting plan package.
  
  Please view Registrant Rights and Responsibilities for more details.
  
  You (customer) assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. Registrar/Registry may, in their sole discretion, choose not to offer a reactivation period and they shall not be liable therefore.

CONTENT

9.1. All services provided by TYMCLOUD may only be used for lawful purposes. The laws of Malaysia apply. The CUSTOMER agrees to indemnify and hold TYMCLOUD harmless from any claims resulting from the use of our services.

CUSTOMER SUPPORT

• 10.1. TYMCLOUD provides 24 hours CUSTOMER service and is committed to providing the best possible support for all CUSTOMERS. All the services and response times for each support channel are listed in the Service Level Agreement. If CUSTOMER’s subscription does not contain some services requested by CUSTOMER, TYMCLOUD reserves the right to charge RM200/hr for any website/server troubleshooting and extra services. TYMCLOUD at its sole discretion reserves the right to deny providing services requested by the CUSTOMER with or without reasons. For any services rendered, charged or not charged, TYMCLOUD provides support on the “best-effort” basis. TYMCLOUD will not be held responsible for any other issues that resulted directly or indirectly due to the support given. Should TYMCLOUD provide FREE support to the CUSTOMER in any instance, this is a courtesy service and cannot be defined as evidence that TYMCLOUD must commit to providing FREE support to the CUSTOMER for the lifetime of the services agreed upon. In this case, TYMCLOUD reserves the right to stop providing courtesy service to the CUSTOMER at any time.
• 10.2 Customers are responsible to back up their own data at all times. TYMCLOUD is not responsible for any problems or data loss due to misunderstanding, miscommunication or mistakes. TYMCLOUD will not be held liable for any compensation as our service is of best effort basis.
• 10.3 During the course of troubleshooting server issue, our support may test access the server to make sure that the server is working fine provided the password is given by the customer or it is still using the default password.
  
  

  PAYMENT

• 11.1. Payments are generally due on the first day of each month or as per due date of the Invoice. TYMCLOUD dispatches multiple email Invoices prior to the expiry date. Emails are issued as a courtesy to the CUSTOMER. CUSTOMER will maintain awareness of its usage levels, of the fees it owes TYMCLOUD and the due dates. TYMCLOUD will not accept the reason of late payment or no payment due to email not received.
• 11.2. If payment is not received within 3 calendar days after the due date, CUSTOMER’s account will be suspended, and may incur RM200.00 reconnection fee at TYMCLOUD’s discretion.
• 11.3. If the account is suspended for over 7 calendar days, RM250.00 setup fee may be imposed, for instance if TYMCLOUD needs to re-setup an entire server for the CUSTOMER.
• 11.4. Accounts may be deleted if they have spent 10 or more calendar days in a suspended state.
• 11.5. Accounts past due may be subjected to interest at the rate of 3% per month.
• 11.6. Any discrepancy or dispute in invoice or payment made must be reported to TYMCLOUD within 3 days after payment is made. TYMCLOUD will not accept any dispute in payment made after 3 days.

PROMOTION

• 12.1. For any hosting plan promotion with free domain, only new domain name is accepted. The domain name will be free for life as long as the hosting plan is renewed.
• 12.2. If customer order the hosting plan with existing domain name, customer can claim a one-time domain renewal from TYMCLOUD.
• 12.3. TYMCLOUD does not accept request of providing free domain name with hosting plan if the domain name is not a new domain name.

PRICE PROTECTION

• 13.1. The amount CUSTOMER pays for hosting will never increase from the date of purchase unless there are certain terms involved such as a first-year promotion etc. TYMCLOUD reserves the right to change any packages or prices listed in our website and has the right to adjust the amount of resources given to the packages at any time without prior notice. Should the CUSTOMER request to upgrade the features of the subscribed package, there may be an upgrade fee incurred.
• 13.2. PRICE PROTECTION does not apply to third-party licensed products. Such third-party licensed products may have their pricing amended without preliminary warning.

PRICE CONTRACT

• 14.1. All web hosting services will have 1-year price contract. This means the price will be fixed for a period of 1 year regardless of whether the CUSTOMER is paying monthly, quarterly or semi-annually. In the event the CUSTOMER requests for a price adjustment, a contract breaking fee of RM50.00 will be imposed.

15(a). 7-DAY MONEY BACK GUARANTEE

• 15(a).1. To ensure 100% CUSTOMER satisfaction, TYM CLOUD MALAYSIA provides a 7 day money back guarantee from the commencement date for products that are not third party licensed. TYMCLOUD does not offer 7 day money back guarantee for the products and services we are reselling such as third-party licenses and products include but are not limited to cPanel, Plesk, SmarterMail, Microsoft Licensing, Office 365, SSL Certificate, MailBlast, Server Co-location, Domain Names and any other products that involve third parties.