Terms of Service
This document presents our terms of service.
Last Modified: 1 October 2024
Introduction
This terms of service (hereinafter referred to as “terms of service”, "TOS”, “agreement”, “terms”, or “contract”) is a legally binding and legally enforceable agreement between You (hereinafter referred to as “You”, “Customer”, “Customers”, “Client” or “User”) and Terabix Technologies Sdn Bhd (hereinafter referred to as "Terabix", "us", "we", or "our"). "You" also includes any organizations that have permitted you to use, access, or purchase our services as an authorized agent or representative. Should our services be resold by you, you must ensure that your customers and end users comply with this agreement. This agreement covers the usage of our website (including terabix.net, cloud.terabix.net, clients.terabix.net, or other Terabix domains) and any and all of the services and products on our website.
Services Provided
Subject to the terms of this agreement, Terabix will provide services that generally fall under the category of web hosting and may be referred to interchangeably as servers, cloud hosting, VPS, VPS hosting, cloud VM, VM, VM hosting, virtual servers, or other applicable or similar terms.
Payments and Billing
Terabix will collect payment upon the date of the initial placement of an order. This date shall serve as the anniversary date (“due date”) for the billing cycle chosen by the Customer, which may include but is not limited to monthly, quarterly, semi-annual, or annual billing cycles. Renewal payments are due on the anniversary date and will be billed on the anniversary date.
Terabix will issue invoices for services fourteen (14) days in advance of the service anniversary date. If a Customer fails to make payment within two (2) days of the due date, Terabix will suspend access to the service. If a Customer fails to make payment within seven (7) days of the due date, Terabix will terminate the service and cancel the associated renewal invoice. Service termination will result in the deletion of any and all data stored on our hosting services. Terabix shall not be held liable or responsible for restoring access to services or data hosted on our services once a service has been terminated for non-payment. Customers are fully responsible for ensuring that their due payments are paid by the due date to prevent Service suspension and/or termination. Invoices that are past due will be subject to a Late Fee of ten (10) percent of the total due amount after being three (3) days overdue.
Customers who choose to add funds to their account through our website will be given credits that are added to their account balance. Credits may also be given to Customers by Terabix for the purposes of a refund, compensation for service downtime, or for any other reason at the discretion of Terabix. Credits will automatically be used to pay for any due invoices whether partially or in full. Credits will not expire. Credits may not be withdrawn by the Customer or refunded to the Customer in the form of cash or any other payments. Credits may not be transferred to any other Customer or account.
Refunds
Terabix offers a 3-day money-back guarantee. A refund request must be put in by the Customer within 3 days of the service start date or it will not be eligible. A refund request is valid if the service is impacted due to a hardware or network fault of Terabix. Terabix will determine the outcome of any and all refund requests and reserves the right to reject a request. A refund request that is approved by Terabix will be processed using the original method of payment (no exceptions will be made).
A service cancellation request is not the same thing as a refund request; all service cancellation requests will not result in any kind of refund.
The following is a non-exhaustive list of scenarios and/or reasons that are not covered by our 3-day money-back guarantee:
Services ordered through a promotional campaign are not eligible for a refund or money-back guarantee
Services paid for with cryptocurrencies.
Customised services which are not offered as a standard service on our website.
IP/network connectivity faults that are the result of local or government regulations in any part of the world.
IP addresses that do not have accurate geolocation information.
IP addresses that do not meet the Customer’s expectations on “IP reputation” of any kind.
IP addresses that are blocked by any website or network, as well as any kind of network connectivity issue to a website or network, that is not within the scope of control of Terabix.
Customer's service or services have been a target of denial of service attacks
Change of mind by the Customer.
Clear abuse of the money-back guarantee by the Customer through the use of multiple accounts.
A past history of raising chargebacks and or disputes.
A past history of multiple refund requests.
Terabix reserves the right to refuse any and all refund requests if we believe that the Customer has or had violated any part of our Terms of Service and/or Acceptable Use Policy, including but not limited to the abuse and misuse of our services at any point in time.
Payment Disputes and Chargebacks
Terabix reserves the right to suspend or terminate all services associated with a Customer account should a payment dispute or chargeback arise from any of our supported payment methods and gateways. Terabix reserves the right to ban or reject services to a Customer should we determine that a dispute or chargeback placed by a Customer is fraudulent or dishonest in nature.
Service Cancellations
A Customer may request a cancellation of their services at any point in time through the client portal at clients.terabix.net. Should a customer choose an Immediate cancellation, the associated service will be cancelled effective immediately. Should a customer choose to put in a cancellation request for the end of a billing period, the associated service will be cancelled on the day of the service due date at 1700 GMT+8.
A service cancellation request is not the same thing as a refund request; all service cancellation requests will not result in any kind of refund. The Customer shall be responsible for cancelling a service if the Customer does not wish to continue the service past an upcoming due date.
All cancellation requests will result in the automatic termination of their service and any and all data stored on the service will be destroyed permanently. Once data has been destroyed as a result of service cancellation, it cannot be restored. If a Customer changes their mind and wants to rescind their cancellation request, they must inform Terabix by means of opening a support ticket as soon as possible before the due date of their service. Cancellation requests that are set to “Immediate” cannot be rescinded.
Service Transfers
A Customer may request for an existing service to be transferred to another account. A service transfer request must be placed by the Customer by opening a support ticket. Terabix will bill the Customer a service transfer fee of $10 if their request is approved. Any and all services must be active for at least two (2) months before they can be transferred.
Right of Suspension and Termination
Terabix reserves the right to suspend and/or terminate, without any prior notice, at any point in time, the services of a Customer in the event that there is reasonable cause to believe that a Customer has or had acted in violation of our Terms of Service and/or Acceptable Use Policy.
Bandwidth
Bandwidth limits for our services account for both inbound and outbound traffic. Bandwidth limits for each service will reset on the due date for that particular service. Should a service reach its bandwidth limit before the due date, the transfer speed for that service will be capped at 100 kB/s until its bandwidth is reset. A Customer may purchase additional bandwidth at any time by opening a support ticket. Additional bandwidth will be charged at a rate of $3 USD per TB.
Data Loss and Backups
The use of Terabix’s products and services is at the Customer’s sole risk. Terabix will not be held responsible for any data hosted on our servers and infrastructure. The Customer agrees to take full responsibility for data that is stored on Terabix’s servers and agrees that the appropriate backups are in place outside of Terabix’s infrastructure in the event of data loss. The Customer agrees and acknowledges that data loss outside of Terabix’s control may happen as the result of (but is not limited to) software and hardware errors, corruption, or failures.
Abuse
In the event that Terabix receives an official abuse complaint from a person, group, or organization, Terabix will investigate and determine the legitimacy of said complaint at our sole discretion. Should Terabix decide that the abuse complaint is legitimate, Terabix will decide, at our sole discretion, whether to immediately suspend or terminate the Customer’s related service based on the severity of the prohibited material or activity. In the event that no immediate action is taken, Terabix will contact the related Customer to request more information or for the Customer to take action and cease or remove the related abusive activity or content. In Terabix’s communication with the related Customer, we will, at our sole discretion, provide a grace period for the Customer to respond to Terabix before a temporary suspension is placed on the related service. Customers who attract repeated abuse complaints related to their service may at any time, without prior notice, have their services terminated permanently at the sole discretion of Terabix.
IP Connectivity and Geolocation
Terabix does not guarantee IP connectivity to any specific region or country that has imposed sanctions or regional or national internet censorship that restricts or inhibits global internet connectivity to or from that region. This includes but is not limited to countries such as China, Iran, Russia, Turkmenistan, Myanmar, Iraq, Pakistan, Saudi Arabia, and the United Arab Emirates.
Terabix commits to maintaining IP geolocation information by means of hosting a Geofeed that is publicly accessible at terabix.net/geofeed.csv. It is important to note that Terabix is not responsible for and do not have the ability to control the information displayed by third-party IP geolocation databases or websites. Should there be inaccurate information displayed on a third-party IP geolocation database or website to the knowledge of Terabix, Terabix will take appropriate action to contact the operators of said website to request for the information to be updated. Terabix will not provide refunds of any kind if an IP address allocated to a Customer’s service has inaccurate IP geolocation information listed on any third-party website or database.
Limitation of Liability
Terabix assures to deliver services with a reasonable level of expertise, care and professionalism and will make diligent efforts to restore services if any interruptions occur. Beyond this, Terabix does not provide any additional warranties or guarantees regarding the services, whether stated directly or implied, under this agreement or otherwise. Terabix specifically denies any other warranties or conditions related to the services, whether implied or stated, including, but not limited to, implied warranties of merchantability, satisfactory quality, or suitability for a specific purpose. Terabix shall not be liable for any direct or indirect damages, including loss of profits, revenue, data, or usage, incurred by Customer or any third party unless such damages result from gross negligence or wilful misconduct of Terabix or its employees. Regardless of any other provisions in this agreement, the total liability of Terabix including its employees, under any legal theory, shall not exceed the amount paid by the Customer for services in the thirty (30) days prior to the event that triggered the claim.
Governing Law and Dispute Resolution
These terms and conditions, along with any orders, agreements, or other documents related to the services provided by Terabix, shall be governed by and construed in accordance with the laws of Malaysia, where Terabix is legally incorporated. Any disputes arising out of or in connection with these terms will be resolved through arbitration in courts located in Malaysia. If one of the parties involved is a consumer, dispute resolution will follow the applicable laws governing consumer rights in Malaysia. If one of the parties involved is a consumer, dispute resolution will follow the applicable laws governing consumer rights in Malaysia.
Waiver
The failure of either party to enforce or demand strict adherence to any provision of these terms shall not impact the validity or enforceability of that provision, nor shall it be considered a waiver of the right to enforce that provision or any other provision in the future.
Notices
All notifications, requests, or other communications required or permitted under this agreement must be in writing and addressed to the Customer at the email address provided in their contact information, and to Terabix at legal@terabix.net or through physical mail addressed to Terabix Technologies Sdn Bhd at postal address: 7-2 Plaza Danau 2, Jalan 2/109f Taman Danau Desa, 58100 Kuala Lumpur, Malaysia. It is the Customer’s responsibility to promptly update Terabix regarding any changes to their contact details. Notices sent via email will be considered received once the Customer receives a confirmation of delivery.
Severability
If any part of these terms is deemed invalid, unenforceable, or in conflict with applicable law, that part will be replaced with a provision that, to the extent possible, fulfils the original intent. The rest of the Terms will remain binding on both parties.
Changes to Terms of Service
We may modify this Terms of Service at any time, with no prior notice and any changes will be effective immediately upon publishing. It is your responsibility to review the terms regularly. Any significant changes will be communicated to you by email prior to taking effect. Your continued use of Terabix services after the changes will indicate your acceptance of the updated terms.
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