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Term of Services


PT. Axarva Media Teknologi with Headquarters at Raudha Building 1st Floor A3-A5, Jl. Terusan H.R Rasuna Said No.21, Jakarta Selatan, Indonesia, hereinafter “AXARVA” agrees to provide services to the Subscriber, subject to the following Terms of Service

AXARVA provides several services for many clients, and we have a responsibility to protect clients and to always give the best service. The following guidelines are designed to guarantee the obligations of our services are met.

Registration / Account Setup

We will setup your order after we receive the payment and we and / or our payment partner will filter your order to avoid cases of fraud. It is your responsibility to provide us with details of your information data and the correct email address when you register. If anyone is having problems of abuse then we need to contact you at the email address you registered in AXARVA. It is your responsibility to ensure the email address registered with your email is current and up-to-date all the time.

If you have a domain name registered in the AXARVA it is your responsibility to ensure that the contact information for your domain are correct and up-to-date. AXARVA is not responsible for the registration are not appropriate due to the contact information already invalid / obsolete associated with the domain. If you need to verify or change your data information, you can contact our support team via email support[at]axarva.co.id

.If you provide false data, the information can lead to termination of your account. And in the case of purchase in the form of large transactions, then we will ask you to provide your valid identification (ID / Driving License / Passport) and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, then you can be considered a fake account and your order is rejected.

Materials that are not allowed

Any material or files that are illegal, defamatory, and which contains elements of a criminal offense, or breaking, state, national, or international laws or regulations, are not permitted to use our services.

Transmission, distribution, or storage of any information, data, or material in violation of the regulations of the Republic of Indonesia or the state or law is prohibited. Copyright, trademark, trade secret or materials can not be used without permission of the owner.

Pornography, hate sites, warez sites, hacker sites and / or with the intent to spam sites, banned in all service AXARVA. For this is a direct violation and will result in the services terminated without notice or refund.

Any abuse of our services to all the above objectives can lead to suspension or termination of service of our site.

If you are not sure whether your site is included in this category do not hesitate to contact us to describe your goals before signing up an account or publish material as existing customers.

AXARVA will be the sole arbiter in determining this rule.

Material Content that is not allowed in our services:

  • Pirated software;
  • IRC Scripts / Bots;
  • Proxy Scripts / Anonymizers;
  • Mail Bombers / Spam Scripts;
  • File Share / Mirror Scripts (like: rapidshare);
  • Pornography, SARA, Humiliation and Public immorality;
  • Copyright infringement;
  • Hacker programs or archives;
  • Warez Site / Rapidleech;
  • Ponzy, Pyramid Scheme, Fraud, and Fraud;
  • Virus / Malware and the like;
  • Content that is not allowed by the laws and regulations of the Republic of Indonesia;

Spam and UCE

AXARVA has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Subscribers to AXARVA may not use or permit others to use our network to transact in spam messages. Subscribers to AXARVA may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of AXARVA’s SPAM policy will result in severe penalties – Upon notification of an alleged violation of our SPAM policy, AXARVA knologi will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, AXARVA may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, AXARVA may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, AXARVA reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. AXARVA will notify law enforcement officials if the violation is believed to be a criminal offense.

As our resellers are ultimately responsible for the actions of their clients over the AXARVA network, it is advisable that resellers develop a similar, or stricter, policy for their clients. Our Subscriber are solely responsible for the use of their hosting account at all times.

Internet Network Resources

AXARVA are provided with an inclusive generous set amount of data transfer, which is 1Gbps share for Local Indonesia Network (IIX/OIXP), and 4Mbps share for Overseas/International Network.

Subscribers significantly or repeatedly exceeding these guidelines will have their connections to the Public Internet throttled to the guideline limit without notice, may be subject to overages if usage is quite significant and will have the option to upgrade or purchase dedicated bandwidth at the sole discretion of AXARVA.

Indemnification

Subscriber agrees to indemnify and hold harmless AXARVA, AXARVA’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Subscribers services in violation of applicable law or the AUP by Subscriber or any person using Subscriber’s log on information, regardless of whether such person has been authorized to use the services by Subscriber.

Disclaimer of Warranties

AXARVA DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW AXARVA DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS.

Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF AXARVA AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR 3 (THREE) MONTHS OF SERVICE.

Law Enforcement Information

The AXARVA terms specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all the account holder’s information including assigned IP numbers, account history, account use, etc. to any member of CYBER CRIME POLDA METRO JAYA (Police of Republic Indonesia) who makes a written request, without further consent or notification to the Subscriber. In addition, AXARVA shall have the right to terminate all service set forth in this Agreement.

Uptime Guarantee

AXARVA provides a 99.9% Uptime Guarantee on all AXARVA Hardware and on Network Connectivity. In any given month, if your server is offline due to a AXARVA unscheduled hardware failure, or an unscheduled failure of the AXARVA network for more than 0.1% of the time (44 minutes), you may request a pro-rata credit for the down time. Specific exclusions exist where the AXARVA network is working normally, but upstream issues, such as a Datacenter or Carrier failure or DDOS is impacting customer routes to the AXARVA’s Network.

Support & Services

AXARVA provides comprehensive 24/7/365 technical support to all subscribers via Live Chat (for basic issues) and our Ticketing System (available via Email and GUI).

Invoicing and Payment

  • You agree that AXARVA shall be permitted to charge your credit card on a monthly, annual or other agreed upon basis in advance of providing services.
  • Payment is due on invoicing.
  • Any payments not made within 5 days of due date will have the associated service suspended without further notice.
  • Any suspended service will be terminated and destroyed after 25 days suspended without further notice.
  • Subscribers are aware that AXARVA may prospectively change the specified rates and charges from time to time.
  • Subscriber is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by AXARVA.
  • AXARVA provides the option to pay natively in IDR and USD to help Subscribers avoid currency fluctuations and conversion exchange costs. Please open a ticket with Billing should you wish to change currency.
  • Up and Downgrading service within your billing cycle will result in Pro-Rata charges and credits on your account. Pro-rata credits are only possible where the Subscriber retains at least one service and are not refundable in the event of service or account cancellation.
  • Once service has commenced, the subscriber agrees that the minimum term of service applies and no refunds will be provided.
  • 30 (thirty) days refund will be applied to Product/Services that have guarantee of refund.
  • Refund will be process within 5 (five) days of Office Hours (Monday – Friday, 09.00 – 17.00 WIB/GMT +7)
  • All Microsoft OS servers deployed on our datacenter must conform with the Microsoft Service Provider License Agreement.
  • All software license installed on customer’s hardware will be responsibility of customers.

Suspension and Cancellation

  • AXARVA reserve the right to suspend network access to any Subscriber if, in the sole judgement of AXARVA, the Subscribers server is the source or target of a violation of any of the other terms of service or for any other reason which AXARVA chooses. AXARVA will use all reasonable care in notifying the Subscriber and in resolving the issue in a method ensuring the minimum service interference.
  • Continued and repeated violations of the terms of service will result in termination without refund. Prior notification is not assured.
  • Subscribers may cancel service at any time using the ‘Cancel’ links in your GUI or by email to billing@axarva.co.id from an authorized contact. Accounts are cancelled upon confirmation with you by Ticket. Cancellation of a service does not relieve Subscriber of responsibility for the payment of all accrued charges. Accounts cannot be confirmed Cancelled until all due invoices have been settled. Non confirmation of the cancelation may result in charges continuing to be levied.

Notice

You agree that AXARVA may provide you with notices, including those relating to changes to the Terms of Service by email and /or postings on AXARVA systems and services.
You agree that AXARVA may, from time to time and at its sole discretion, need to impact network uptime due to essential maintenance, and where possible, we aim to provide 5 (five) days’ notice of any impact of more than 30 minutes.

Complaints

You can submit your complaint or notify AXARVA if found a policy violation email to abuse[at]axarva.co.id. Each complaint will be fully investigated and reports, AXARVA reserves the right to investigate any reported violations and take appropriate action in accordance with the Terms and Conditions of Service or any applicable law.