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COMMUNILINK INTERNET LIMITED
Unit 701-702, Midas Plaza, 1 Tai Yau St., San Po Kong, KLN., HK
CommuniLink Internet Limited is hereafter referred to as "CommuniLink".


DEFINITIONS
"Customer" means any company or person who has requested to use the Services provided by CommuniLink
"CommuniLink" means CommuniLink Internet Limited
"Party" / "parties" Shall refer to the Customer and CommuniLink
"Agreement" means any agreement between the parties which expressly or impliedly incorporates these Terms and Conditions as the context demands
"Fees" means the installationfee, monthly service fee, tariff, administrative fee and other charges in respect of the Services published from time to time by CommuniLink
"AUP" means the Acceptable Use Policy
"Services" means the services as described in the Agreement, Internet access, virtual web hosting, dedicated server hosting, hardware supply, and services offered by CommuniLink
"Force Majeure" unforeseen, unavoidable or insumonuntable, and which prevent total or partial perfomance by either of the Parties. Such events shall include earthquakes, typhoons, flood, fire, war, strikes, riots, acts of governments, changes in law or the application thereof or any other instances which cannot be foreseen, prevents or controlled, including instances which are acceptes as Force Majeure in general international commercial practice
"Applicable Laws" means the law, regulations, rules, notices, and other legislative, executive or judicial decisions or pronouncements binding on either Party or in relation to the subject matter of this Agreement


INTERPRETATION

1. In consideration for payment of the Fees, CommuniLink agrees to provide the Services to the Customer. The Customer shall pay the Fees and all applicable taxes relating to using of the Services. CommuniLink will invoice the Customer by electronic mail, post or facsimile transmission. Payment shall be due at presentation for the full invoiced amount. If a payment due by the Customer to CommuniLink under the Agreement is not received by the due date, the Customer shall pay interest in respect of the overdue amount calculated daily from the due date until the date of payment at an interest rate equal to 2 times above the prime lending rate issued by The Hongkong and Shanghai Banking Corporation Limited as current from time to time. CommuniLink may impose any additional charges or administrative charges to cover its reasonable expenses and costs incurred in recovering outstanding amounts due under this Agreement (including the cost of engaging a debt recovery agent or instituting legal proceedings).

2. All hosting plans (provided by CommuniLink) have a set allotment of Traffic/Bandwidth available for use. Any traffic usage that is over the the limit of the monthly allotment will be charged according to the terms that is set forth in the order form. Unused traffic shall not be carried over to the consecutive month or Services period.

3. The Customer is responsible for all equipment necessary to access the Services and shall comply at all times with CommuniLink's requirements as regards mode of access and/or use of the Services and the AUP.

4. The Customer shall be entirely responsible for all use of the Services and agrees to indemnify CommuniLink against any liability arising directly or indirectly and an event of Force Majeure occured, and in any jurisdiction. The Customer agrees to abide by Applicable Laws (whether of Hong Kong or of any relevant jurisdiction) relating to the use of the Services, in particular, but without limitation, the Customer shall not access or publish any matter which violates any Applicable Laws (whether of Hong Kong or of any relevant jurisdiction) and warrants that its use of the Services does and shall not, directly or indirectly, infringe any third party's intellectual property rights in any jurisdiction.

5. The Customer expressly agrees that use of the Services is at the Customer's sole risk and that the entire risk as to the quality and performance of the Services is with the Customer. Neither CommuniLink nor any or its directors, employees or agents warrant that the Services will be uninterrupted or error free, or give any warranty as to the results to be obtained from use of the Services. In no event will CommuniLink or its directors, employees or agents be liable to the Customer for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to use (for whatever reason), the Services, including but not limited to damages resulting from loss of data or loss of profits but not including death or personal injury due to the negligence of CommuniLink, its directors, employees or agents.

6. Any Internet Protocol address(es) allocated by CommuniLink to the Customer, remain(s) with CommuniLink. The Customer shall undertakes not to advertise, or otherwise to broadcast, such address(es) upon termination of the Services or the Agreement, nor to use the word "CommuniLink" in any way as a business or company name or trade mark.

7. If CommuniLink is appointed as service provider of Transfer DNS / FTP / Email Data, the Customers shall provide CommuniLink all the required Login information and documents. The Customers agree that under no circumstances is CommuniLink liable for any of the following, 1) loss of, or damages to customer’s record or data or 2) special, incidental, or indirect event results any economic consequential damages (including lost profits or savings) due to service starting delayed, even if CommuniLink is informed of the possibility.

8. If the Customer is in breach of any of the terms of the Agreement, CommuniLink may, at its sole discretion, either suspend the Customer's access to and use of any of the Services until such breach is remedied or terminate the Agreement and the Customer's access to and use of any of the Services. Reinstatement will be at the sole option of CommuniLink and upon such terms and conditions as it shall determine.

9. If any provision of this Agreement is found to be invalid the other provisions shall remain in full force and effect. All obligations and restrictions on the Customer under this Agreement will survive the termination of this Agreement and/or the termination of the provision of any of the Services. No waiver by either party of a breach of any provision of this Agreement, non delay or omission to exercise any right, shall constitute a waiver of any other breach or default by the other party.

10. 30-Day Money Back Guarantee. CommuniLink extends an unconditional money-back guarantee to client during the first thirty (30) calendar days of the Initial Term ("30-Day Guarantee"). The 30-Day Guarantee is only available on Hosting and Email Plans provided by CommuniLink, and will begin upon completion of the setup of client's plan. In order to avail itself of the 30-Day Guarantee, client must notify CommuniLink by faxing a termination form with an authorized signature to 29980800 within the first 30-day. Upon receipt and approval, all services will be terminated immediately and CommuniLink will refund the service fee to the client after deducting the setup fee as administrative costs.

11. Unless otherwise agreed in writing and signed by both parties, this Agreement constitutes the entire agreement between the parties. This Agreement is governed by the laws of Hong Kong and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.


Communilink Internet Limited is a licensed Internet service provider (PNETS license:1218) in Hong Kong. We provide professional and extensive service, including web hosting, enterprise e-mail service, dedicated server out-renting, web design, programming, online shop service, fax to email service etc.