TERMS OF SERVICE.

READ THIS AGREEMENT CAREFULLY BEFORE USING ANY SWIFT SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER (referred to herein as "You") AND INKA CREATIVE SDN BHD (referred to herein by its service name "SWIFT").

This SWIFT Terms of Service (the "Agreement") contains the terms and conditions that govern Your access to and use of the Service Offerings (as defined below) and is an agreement between INKA Creative Sdn Bhd and You or the entity You represent. This agreement takes effect when You click an “I Accept” button or check box presented with these terms, or when You click an “Order” button, or when You use any of the Services (the “Effective Date”). You represent to us that You are lawfully able to enter into contracts (e.g. You are not a minor). If You are entering into this Agreement for an entity, such as the company You work for, You represent to us that You have legal authority to bind that entity. You acknowledge that You have read the Agreement, and You agree to its terms and conditions and all policies posted on the SWIFT Website.

NOTE: Pornography and sex-related merchandising are PROHIBITED on any SWIFT server. This includes, and is not limited to, direct links to such webpages or websites.

NOTE: Spamming, or the sending of unsolicited email, from a SWIFT server or using an email address that is maintained on a SWIFT machine is STRICTLY PROHIBITED.

INKA Creative Sdn Bhd is a corporation organized and existing under the laws of Malaysia and having its principal executive office 21-05, The Vertical Office Suites, Tower A, 59200 Kuala Lumpur. Please note that this agreement is subjected to change and it is Customer's responsibility to regularly check for modifications. Under no circumstances is SWIFT responsible for any damages resulting from termination of service. SWIFT reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause. SWIFT has the right to cancel products and services without refund for orders pending due to insufficient information and/or documents supplied. All information & document(s) shall be submitted to SWIFT within 90 days from purchase date, any failure to do so will result in the cancelation of the service/product.

As referred to in this Agreement, and

1. Definitions and Interpretations

“API” refers to an application program interface;

"Dedicated Account Manager" refers to SWIFT's full-time representative liaising directly, but not exclusively, with You;

"Dedicated Support" refers to the customer support service, offered by a full-time SWIFT employee to You according to your needs within the stipulated services of SWIFT;

“Business Hours” refers to a period of time commencing from 9.00 a.m. to 6.00 p.m. on any Monday to Friday excluding a Public Holiday based on Malaysia calendar;

"SWIFT Website" refers to the Site located at the URL http://www.swift.com.my, http://www.swift.my, or any other successor sites owned or maintained by SWIFT;

“SWIFT Server” refers to SWIFT or its affiliates’ computer system that the Customer connects to receive the Services; “Services” refers to the web services made available by SWIFT or its affiliates;

"Site" or "Website" refers to a World Wide Web site;

"Bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract;

"Data transfer" means all traffic that passes through the Website including specifically but not exclusively web traffic, email, FTP transfers and any shell session data;

"Equipment" means equipment which is supplied by or on behalf of SWIFT to the customer or placed at or on a Site for the purpose of providing Service;

"Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Intermit Protocol);

"Internet Standards" means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;

"Extension Term" means each successive period of twelve months unless stated otherwise to SWIFT via telephone, electronic mail or fax after the Initial Contract Term.

2. Term.

2.1. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by You or SWIFT in accordance with the Termination Clause of this Agreement.

2.2. Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided in this Agreement or other Supplemental Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one-month period.

3. Payment & Suspension.

You agree to pay the charges on the following terms:

3.1 All Charges shall become due and payable to SWIFT at the times and the stages specified as per due date of the invoice, and SWIFT dispatches e-mail invoices prior to the expiry date. Emails are issued as a courtesy; You will maintain awareness of its usage levels and the fees it owes SWIFT and the due date. SWIFT will not accept the reason of late payment or no payment due to email not received.

3.2 You shall pay any additional charges which are agreed between SWIFT and the You for the provision of the Services within 15 days after completion of the Services and the You shall also pay such additional charges which are in SWIFT's sole discretion required as a result of instructions from You or lack of instructions, delay in providing or the inaccuracy of any Supplied Material or any other cause attributable to You.

3.3 You will be given 7 days grace period after which the account is put on suspension if payment is not made at the stages specified in the Payment Schedule. You will receive a payment reminder everyday from the start of your payment due date.

3.4 In the event of late payment You shall pay interest on the amount of the Charges outstanding at the compounded interest rate of 3% monthly starting from the day of suspension.

3.5 If any payment remains overdue after 22 days after the expected date stated on Payment Schedule, SWIFT reserves the right to immediately remove Website representing You from viewing on the Internet and to suspend all other work until payment of all outstanding charges and interest is made. Such removal or withholding does not relieve You of his or her obligation to pay any outstanding Charges and interest. If such a suspension is imposed, you will be liable for a "reconnection" charge of RM50.

3.6 You shall be liable for and shall indemnify SWIFT against all costs and expenses incurred by SWIFT in respect of any steps, actions or proceedings made or brought against You by SWIFT to obtain payment of outstanding Charges and interest.

3.7 All payments must be in Ringgit Malaysia (RM) unless otherwise agreed in writing. If any cheque from You is returned by the bank as unpaid for any reason, You will be liable for an administration fee of RM50.

3.8 You acknowledge that our Services are provided using facilities provided to us by third parties; SWIFT shall have the right, subject to 7 days prior written notice to you, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate the Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date the Contract ends.

3.9 Anyone who sends mass mail and is found to cause issues to our mail service or IP reputation will be given a fine and have the domain name suspended. Any reactivation of service is RM2,000/time.

3.10 Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.

3.11. For any services offered by SWIFT on an hourly basis (“Hourly Services”), You shall specify the period of time for which the Hourly Services are requested, or cancel at any time. The minimum period of time for which Hourly Services may be requested is one (“1”) hour and Customer will be billed in full hourly increments, and no breakdown by minutes shall be permitted. Unless otherwise specifically stated in the Terms, Customers who request Hourly Services agree to all terms and conditions in SWIFT's Terms of Service, including but not limited to these Terms . You will be billed for Hourly Services and receive any SLA credits, if applicable, on the Anniversary Billing Date.

4. Taxes

4.1 You will be responsible for the payment of all taxes, duties (including stamp duty), fees and other charges made by any government authority in relation to this Agreement (other than taxes payable on the overall income of SWIFT).

4.2. You will pay and indemnify and hold SWIFT harmless from any and all taxes associated with or arising from Your use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

5. SWIFT Service

5.1 Connection to the SWIFT Service is via a fixed telecommunications link or dial up connection. This Contract, unless specifically stated on the Order Form, does not include the provision of telecommunications services necessary for connection to the SWIFT Service.

5.2 Requests relating to the provision of Service are, unless otherwise agreed to be made or confirmed in writing or by electronic mail.

5.3 SWIFT will use all reasonable endeavours to adhere to any dates proposed by either SWIFT or You for the provision of Service; however any such date is to be treated as an estimate only and SWIFT accepts no liability for failure to meet such dates.

5.4 SWIFT will use all reasonable endeavours to provide reliable Service; however, it is not practicable to provide Service free of faults and SWIFT does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone or electronic mail to SWIFT's Technical Support at the appropriate numbers or addresses or other such numbers or addresses that SWIFT may from time to time provide. Upon receipt of the fault report, SWIFT will take all proper steps without undue delay to correct the fault. SWIFT shall not, in any event, be liable for interruptions of Service or downtime of a Server.

5.5 SWIFT may:

5.5.1 temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Service, without notice. SWIFT undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension.

5.5.2 Give or update instructions regarding the use of Service which in SWIFT's reasonable opinion are necessary in the interests of safety, or to maintain or improve the quality of Service to SWIFT's customers. Any such instructions shall, whilst they are in force, be deemed to form part of this Contract,

5.5.3 Vary the technical specification of Service for operational reasons.

5.6 You may access and use the Services in accordance with this Agreement. Service Level Agreements (“SLA”) may apply to certain Services. You will adhere to all laws, rules, and regulations applicable to Your use of the Services, including other Policies as published on SWIFT Website.

5.7. To grant you access to SWIFT Services, SWIFT identifies your valid email address as your Primary Contact. Hence, your email address is vital in order when You create a SWIFT Account, a necessary step to proceed with using SWIFT Services. Unless explicitly permitted by the Terms of Service, You may only create one account per email address. You are responsible for all activities that occur under Your account, regardless of whether the activities are undertaken by You, Your employees or a third party (including Your contractors or agents) and, except to extent caused by our breach of Agreement.

5.8. You may appoint a second person as the secondary contact for Your SWIFT Account. You are responsible for all activities that occur under Your account done by Your secondary contact.

5.9. SWIFT and its affiliates are not responsible for unauthorized access to Your account. You shall contact us immediately if You believe an unauthorized third party may be using Your account or if Your account information is lost or stolen.

5.10. In the event which You or Your secondary contact’s email address is no longer valid and up to date in our billing system, You may request us to update Your contact information by filling up Billing Account Primary Contact Email Change Form. You acknowledge and undertake that the information provided is true and accurate and You shall keep SWIFT indemnified against all claims, demands, proceedings, losses or damages costs of whatsoever that may be brought against or suffered by SWIFT as a result of SWIFT agreeing or conceding to Your request above-states.

5.11. In the event that You wish to transfer Your account to a new person, You can appoint a new person to replace You as the primary contact for Your SWIFT Account. You can do this by updating the primary contact’s information in SWIFT Billing System. By appointing a new Primary Contact, You acknowledge that the new contact is fully aware and agreed to be bound by the SWIFT Terms and Conditions of this agreement.

5.12. Third Party Content, such as software applications provided by third parties may be made available directly to You via other companies or individuals under separate terms and conditions, including separate fees and charges. Because SWIFT may not have tested or screened the Third Party Content, Your use of any Third Party Content is at Your sole risk and SWIFT shall not be liable for any infringement on intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights).

5.13. You will be deemed to have taken any action that You permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Services. You are responsible for End Users’ use of Your Content and the Services.

5.14. You will ensure that all End Users comply with Your obligations under this Agreement and that the terms of Your agreement with each End User are consistent with this Agreement. If You become aware of any violation of Your obligations under this Agreement by an End User, You will immediately terminate such End User’s access to Your Content and the Service Offerings.

6. Website Migration and Transfer.

6.1 SWIFT provides a free basic migration to help You migrate your website over to SWIFT's servers. This service is provided as a courtesy service that is performed on best effort basis and SWIFT cannot be held responsible should there be any migration failure due to various reasons. Should the migration be deemed too complex on SWIFT's terms, the migration will be stopped and You will be informed of such nature. Additional charges will be incurred if You wish to proceed with the migration.

6.2 SWIFT cannot guarantee that all data transfer to be accurate and estimate the time required to complete the transfer. Some hosting companies save data in their propriety format making transfer difficult or in some cases impossible. Hence, in some cases SWIFT may not be able to assist.

6.3 This free transfer service is offered for 30 days from the sign up date and for accounts that does not exceed 1000MB (1GB) space. Transfer requests made outside this 30 days free period or websites exceeding 1000MB (1GB) will incur a one time professional service charges. Please contact SWIFT for a price quote.

7. "Unlimited" Usage.

7.1 SWIFT does not set a limit or cap on the amount of resources a single Customer can use. In good faith and subject to these Terms, SWIFT makes every commercially reasonable effort to provide its Customers with all the resources needed to power their web sites successfully.

7.2 SWIFT'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. In a shared hosting server, multiple Customer web sites are hosted from the same server and share server resources.

7.3 SWIFT's service is designed to meet the typical needs of small business and home 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.

8. Data Security.

8.1 You acknowledge that SWIFT shall not be liable for the security of Your data on any of Your Equipment or passing over the Services and that SWIFT shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data. You shall be solely responsible for the data retrieved, stored or transmitted through the Services.

8.2. You agree that SWIFT is not liable for any unauthorised access to Your data even when the access occurs as a result of a fault in equipment or software owned, operated or supplied by SWIFT.

8.3. SWIFT log-in credentials and private keys generated by the Services are for Your internal use only and You may not sell, transfer or sublicense them to any other entity or person, except that You may disclose Your Log-in Credentials and private key to Your agents and subcontractors performing work on Your behalf.

8.4. You are responsible for properly configuring and using the Services and taking the necessary steps to maintain appropriate security and protection of Your Content, which may include the use of encryption technology to protect.

9. Bandwidth.

9.1 You will be allocated a monthly bandwidth allowance and it varies according to the package purchased. Should the Customer’s account pass the allocated amount, additional fees specified in the account plan will be charged for exceeding the network bandwidth allowance of Your selected plan/server.

9.2 Unused bandwidth in one month cannot be carried over to the next month.

10. Domain Names.

We may collect and use personal information from you or from the category of third parties identified in this Privacy Policy, for one or more of the following purposes:-

• to provide you with the Products and/or Services you have requested
• to verify your identity (and/or your customer status with us)
• to assess and process your application(s) /request(s) for our Products and/or Services
• to administer and manage the Products and/or Services we provide you (including charging, billing, facilitating payments and collecting debts)
• to investigate and resolve any service issues, billing queries, complaints, or other enquiries that you submit to us regarding our network, Products and Services with our team
• to assess and/or verify credit worthiness
• to detect and prevent fraudulent activity
• to keep in contact with you and provide you with any information you have requested and information we deem as important to you
• to engage in business transactions in respect of Products and/or Services to be offered and provided to you
• to establish and better manage any business relationship we may have with you
• to process any communications you send us (for example, answering any queries and dealing with any complaints and feedbacks)
• to help us monitor and improve the performance of our Products and Services, our employees and INKA Creative Sdn Bhd Websites and to make these more efficient
• to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems
• to manage staff training and quality assurance
• to notify you about benefits and changes to the features of our Products and/or Services
• to determine how can we improve services to you
• to produce data, reports and statistics which shall be anonymised or aggregated in a manner that does not identify you as an individual
• to investigate, respond to, or defend claims made against, or involving INKA Creative Sdn Bhd.
• to conduct marketing activities (for example, market research)
• to maintain records required for security, claims or other legal purposes
• to comply with legal and regulatory requirements for any other purposes that are required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities

From time to time, SWIFT may send its customers information about various products and services that may be of interest. We will not send you information of this type without specifically allowing you to “opt out” of such mailings. You can opt out by sending an e-mail to support@swift.com, however by doing so, you may miss important communication regarding your service.

11. Proprietary Rights.

11.1. By using the services that SWIFT provides, you represent and warrant to SWIFT that:

a) You or Your licensors own all rights, titles, and interests in and to Your Content and Your Submissions;
b) You have all rights in Your Content and Your Submissions necessary to grant the rights contemplated by this Agreement; and
c) None of Your Content, Your Submissions or End Users’ use of Your Content, Your Submissions or the Services Offerings will violate SWIFT's Terms of Service, Privacy Policy, and(or) the laws that govern the state of which You are based in.

11.2. Between You and SWIFT, SWIFT owns and reserves all rights, titles, interests in and to the Services. SWIFT grants You a limited, revocable, non-exclusive, non-sub licensable, non-transferrable license to do the following during the Term:

a) Access and use the Services solely in accordance with this Agreement; and
b) Copy and use the SWIFT Content solely in connection with Your permitted use of the Services. Except as provided in this Section, You obtain no rights under this Agreement from SWIFT or its licensors to the Services, including any related intellectual property rights. Some SWIFT Content may be provided to You under a separate license, in which case that license will govern Your use of that SWIFT Content.

12. Refund and Cancellation Policy.

12.1. SWIFT invoices exclusively via e-mail. SWIFT does not send out invoices via postal services.

12.2. You may cancel your account at any time and receive a full refund (excluding SSL certificate, dedicated IPs, VPS, free domain name (customer have to pay for full domain registration fees), dedicated server and any setup fees or domain name registrations fees incurred) if cancelled within our thirty (30) days money-back guarantee period.

12.3. If you wish to cancel your hosting account after thirty (30) days, you will receive no refund of any monies already paid to SWIFT. However, if customer cancels fifth teen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect. Refunds will be given at the discretion of SWIFT.

13. Indemnity.

You will defend, indemnify, and hold harmless SWIFT, its affiliates and licensors, and each of their respective employees, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning:

a) Your or any End Users’ use of the Service Offerings (including any activities under Your account and use by Your employees and personnel);

b) Breach of this Agreement or violation of applicable law by You or any End User;

c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or

d) A dispute between You and any End User. If SWIFT or its affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, You will also reimburse SWIFT for reasonable attorneys’ fees, as well as SWIFT employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at SWIFT then-current hourly rates.

14. Dedicated Support

While our offer of dedicated support will be honoured, SWIFT does not promise any set amount of hours nor days allocated to support any customer. Dedicated support is provided by SWIFT on best effort basis.

15. Unlimited Allocation

Within the amount of space that a Customer have purchased, SWIFT does not set a limit or cap on the amount of instances where a single Customer can allocate/reallocate the space. SWIFT will not be held responsible should You run out of space to allocate due to your own actions. However, SWIFT will notify You of such instances whenever possible and offer You an option to upgrade or purchase more space.

16. Force Majeure.

SWIFT will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, fire, flood, theft, labour disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

17. This Entire Agreement.

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.