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SERVICE LEVEL ARGREEMENT (“SLA”)

Effective Date:

This Terms of Service was last updated on January 01, 2007

READ THIS AGREEMENT CAREFULLY BEFORE USING ANY NXG SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (referred to herein as "Customer") AND NXG SOLUTION.

NXG SOLUTION (hereinafter referred to as "NXG") is a corporation organized and existing under the laws of Malaysia and having its principal executive office U 0199, Jalan Tun Mustapha, 87008 Labuan F.T., Malaysia.

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 Posted/Revised date listed above, the new version will become effective thirty (30) days after the Posted/Revised date listed above. Continued use of the Service constitutes acceptance to the new version of this agreement.

NXG is committed to providing services at a standard of excellence commensurate with the best practice in the industry. Network up-time and server availability are of the highest importance. The following service levels are designed to assure our customers of ultimate performance and maximal up-time.

Hardware

NXG stand behind our servers with an "unlimited free replacement warranty" for ALL leased or rented systems, including individual parts ordered as upgrades from NXG. NXG will replace, at no charge (including labor), the following components or system parts: System Enclosures or cases, CPU or Processors, Random Access Memory (RAM), System Motherboards, Controllers, Ethernet Adapters, Ethernet or Network Cards, CD ROMs, Floppy Drives, IDE or SCSI Hard Disk Drives, SCSI Adapters, Video Cards, Sound Cards, Surge Protectors and Un-interrupted Power Supplies (UPS), Network and Power Cables, System Power Supplies, System Fans.

Repair will start upon our identification of the hardware failure and will be completed within 2 hours from problem identification. If faulty hardware replacement takes more than 2 hours, customer will be refunded twice the amount of downtime incurred or 10% of monthly fee whichever one is lower.

Network Up-Time

For Shared Hosting, DED_Celeron and DED_DC Packages

NXG guarantees network availability of 99.99% in a given year, excluding scheduled maintenance. Network is considered unavailable if there is a 100% packet loss from NXG to its backbone providers. We will credit customers 5% of the monthly fee for each occurrence of downtime more than 2 hours. Network infrastructure is all equipments from the cable connected to the server’s NIC to the backbone provider, and includes routers, switches and cabling. Downtime is measured past 10 minutes after notification of network failure, via the ticketing system. If the ticketing system itself is unreachable, customer can email to support@nxgsolutions.net or by calling 6016.815 4785. NXG’s personnel will determine end of downtime by a trace route to the customer’s machine from outside NXG. Customer support is available 24/7 via our specially assigned customer support line.

For DED_VPS and DED_Hybrid

NXG guarantees network availability for our public Internet network to be 100%. In the event that our network does not experience 100% network uptime in a given month, NXG will refund 5% of the customer’s monthly service fees for those servers affected, for each 30 minutes of network downtime experienced up to 100% of the monthly service fees for those servers affected.

Customer Support

NXG provide 24 hours customer support and this include options of helping customers to manage their servers. Any extra work which is not included in our terms may be billed at NXG’s discretion.

 

30 days Money Back & Cancellation Policy

To ensure 100% customer satisfaction, NXG provides 30 days money back guaranteed from the commencement date.

Dedicated Server Account

  • Guarantee applies to first time purchasers only.
  • 30 Day period begins when customer receives server login information.
  • Refund will be provided only if customer experiences technical problems caused or related to items 100% controlled by NXG.
  • Refunds are not given for downtime caused by customer actions or 3rd party software.
  • Refund does not include any software such as control panel or items bundled together with the server.
  • Amount refunded will be setup fees and first months hosting service, minus USD90 restocking fee.
  • Refund is granted by NXG’s sole discretion.
  • Refund decisions made by NXG are final.

Rest of the products such as Domain Name, SSL, Private Email etc. are not included in our 30 days money back guarantee policy as these are products we resell.

As for refund due to server or network downtime, customer is responsible for notifying the billing department for any credits due for the month within seven days from the time of the incident. Customer should supply all relevant information, including ticket numbers, for credit to take place. All account cancellations must be done in writing or by fax or by support ticket with your root username and passwords for the server.

All annual or monthly plans can be cancelled with our standard 30 days notice. NXG is not obligated to refund any payments in the event of such termination.

Prepaid Package: Customer pre-pays for the entire Service period in question ("Service Period"), typically six (6) months or one (1) year. Customer may terminate for convenience on thirty (30) days’ notice. After such termination, Customer will receive a refund for the remainder of the period of Service, minus an adjustment equal to (A) the difference between the amount Customer has paid and the amount it would have paid had it received Service pursuant to a Month-to-Month Package, plus (B) any set-up fees Customer would have paid pursuant to a Month-to-Month Package. If not terminated, the Prepaid Package renews at the end of the Service.

Customer will retain records of the terms and conditions of its Package for future reference. NXG may change Package prices or add or delete Package features or restrictions at any time, and such changes will not affect the initial agreement between Customer and NXG. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern.

Invoices are issued as a courtesy; Customer will maintain awareness of its usage levels and the fees it owes NXG and will pay them when due. Expiry date is listed in the invoice. To avoid service suspension, please make sure that payment is made before the expiry date. If a service is suspended and is requested to be activated again, NXG may charge a reconnection fee of USD99.

In order to prevent abuse to our services and our 30 days money back guaranteed policy, NXG will not provide refund if it is discovered that Customer is running "short-lived" website for his/her own interest. These websites are termed "short-lived" at NXG’s own discretion which including and not limiting to websites on political campaign, lawsuit, investment etc.

Acceptable Use

Customer asserts that it has read NXG’s Acceptable Use Policy ("AUP") and it’s Privacy Policy. Customer will adhere to the AUP and Privacy Policies and will not allow the Services or NXG equipment to be used for activities prohibited by such policies. NXG may revise the AUP from time to time by posting a new version thereof on the NXG Website, and Customer is responsible for awareness of such revisions. In the event of any conflict between the AUP or the Privacy Policy and this Agreement, this Agreement will govern.

Payment & Billing Information

Payments are due on customer corresponding billing date. The billing date is the day the order was placed and processed. After the initial 30 days money back guaranteed, no refunds will be given on any services used/paid including setup fees and any third party products/services purchased. The CUSTOMER will pay NXG for services listed in this Service Agreement by the following payment method:

Acceptable Mode of Payment

  • Bank Transfer
  • Cheque
  • Cash
  • Western Union

Disclaimers and Warranties    

NXG’S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NXG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NXG MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY NXG OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.

NXG WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF NXG WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NXG’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

NXG WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (i) OTHER NXG CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER’S DATA OR ASSIGNED COMPUTERS; (ii) SECURITY BREACHES; (iii) EAVESDROPPING; (iv) DENIAL OF SERVICE ATTACKS; (v) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING NXG’S SERVICE; (vi) CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE; (vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE; (viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR (ix) LOSS OF DATA OR LOSS OF ACCESS TO DATA.

NXG’S LIMITATIONS AND EXCLUSIONS OF LIABILITY APPLY EQUALLY TO NXG’S OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUPPLIERS, SUBSIDIARIES, PARENTS, AND AFFILIATED COMPANIES.