Service Agreement

1. Introduction

CloudValley provides infrastructure and related services, including dedicated servers, virtual private servers (VPS) / cloud compute, colocation (rack/space/power), network connectivity (including BGP), domain registration, SSL certificates, and professional support (collectively, the “Services”). This Agreement forms a binding contract in addition to any order, service description, policy, or addendum referenced herein.

If you do not agree with this Agreement, do not use the Services.

2. Account Terms

1. You must provide accurate, complete, and current information and keep it updated.
2. You are responsible for maintaining the confidentiality of your credentials and all activities under your account.
3. If you use the Services on behalf of an entity, you represent that you are authorized to bind that entity.
4. We may deny, suspend, or terminate accounts for legal, security, or abuse reasons at our reasonable discretion.

3. Service Activation & Delivery

Service activation timelines vary by product type and stock availability. Delivery occurs when access credentials, network details, or rack space/power are provisioned. You must verify and accept delivery promptly; if no objection is raised within 24 hours, the Service is deemed accepted. Lead times for custom hardware or cross connects may be longer.

4. Acceptable Use Policy (AUP)

Client shall not use the Services to, including but not limited to:

1. Engage in illegal activities, infringe intellectual property, or violate data protection laws.
2. Send spam, run unsolicited bulk email (UBE/UCE), or operate open relays.
3. Conduct DDoS attacks, port scans, brute force, malware distribution, phishing, or any abusive security threat.
4. Host illegal or abusive content (child sexual abuse material, incitement of violence, terrorism, etc.).
5. Interfere with the integrity or performance of the Services or other customers’ systems.

You must promptly respond to abuse notices. We may suspend or filter traffic to protect network/service integrity.

5. Network, Bandwidth, BGP & Anti-DDoS

1. Bandwidth & Commit: Usage may be measured by 95th percentile, CDR, or per-TB, as specified in your order. Overages are billable.
2. BGP & IP Space: Client-provided ASN/IPs must be legally held and properly authorized. Route announcements must comply with IRR/RPKI best practices.
3. Anti-DDoS: Mitigation is offered on a best-effort basis and cannot guarantee full protection against all vectors. Filtering may affect latency or availability.
4. Fair Use: We may rate-limit, shape, or temporarily isolate traffic to preserve network stability during incidents.

6. Dedicated Server Terms

1. Hardware: Unless explicitly sold, hardware remains CloudValley property. Component swaps may be equivalent or better specification.
2. Access: You receive root/administrator access. You are responsible for configuration, patching, backups, and security of your OS/apps/data.
3. RI/Custom Builds: Custom or reserved-instance servers may require prepayment and have minimum terms.

7. VPS / Cloud Server Terms

1. Virtualization: Performance is subject to multi-tenant architecture and fair-share scheduling.
2. Snapshots/Backups: Optional features may be available; unless expressly included, you are responsible for your own backups.
3. Scaling: Upsizing is subject to capacity; downsizing may require re-provisioning.

8. Colocation Terms

1. Space & Power: Rack units, power density, and redundancy levels are as per order. Exceeding allocations may incur charges or require upgrades.
2. Access: Facility access is subject to data center rules (ID checks, escort policy, booking windows). You must keep your area safe and tidy.
3. Cross Connects: Installation/changes may incur NRC/MRC and lead times per facility policy.
4. Compliance: You must comply with all site safety rules and not cause hazards or disruptions.

9. Domain Registration Terms

1. Domains are subject to ICANN and registry policies. You must provide accurate WHOIS/registrant data.
2. Registration, transfer, and renewal depend on registry rules; failure to renew on time may lead to loss of domain.
3. We act as a registrar/agent; your use of domains must comply with UDRP/URS and applicable policies.

10. SSL Certificates

1. Certificate issuance requires successful validation by the Certificate Authority (CA).
2. Revocation, reissue, or replacement follows the CA’s policies; we are not liable for CA delays or refusals.
3. You are responsible for correct installation, renewal, and private key protection.

11. Billing, Fees, Taxes

1. Prepaid & Recurring: Services are billed in advance (monthly/annual or as agreed). All fees are non-refundable once activated.
2. No Refund Policy: Except where a service was not delivered, all activated Services are non-refundable, including partial periods.
3. Overages & NRC: Over-usage and one-time setup/cross-connect fees are payable per your order.
4. Taxes: Prices are exclusive of taxes, duties, and government charges, which you must pay where applicable.
5. Late Payment: Late balances may incur interest/fees. Non-payment may result in suspension or termination.

12. Suspension & Termination

1. For Cause: We may suspend or terminate for violations of this Agreement, AUP, law, or if needed to protect network/infrastructure.
2. For Non-Payment: We may suspend and later terminate if invoices remain unpaid after the due date.
3. Data Handling: Upon termination, data may be deleted. You are responsible for timely backups and data retrieval before termination.

13. Service Levels, Maintenance & Incidents

1. Best-Effort & Availability: We aim for high availability but do not guarantee 100% uptime.
2. Planned Maintenance: We may schedule maintenance with prior notice where practical; emergency work may occur without prior notice.
3. Credits: If a specific SLA credit scheme is included in your order, it applies as the sole remedy; otherwise no credits are due.

14. Liability, Disclaimers & Indemnity

Disclaimer. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUDVALLEY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. OUR AGGREGATE LIABILITY IN ANY 12-MONTH PERIOD SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE AFFECTED SERVICE IN THAT PERIOD.

Indemnity. You shall defend, indemnify, and hold harmless CloudValley from claims arising out of (a) your content, applications, or use of the Services; (b) your violation of law or third-party rights; (c) your end-users’ acts or omissions.

15. Data Protection (PDPA & GDPR)

We process personal data in accordance with the Malaysia Personal Data Protection Act 2010 (PDPA) and, where applicable, GDPR. For Customer Content hosted on our infrastructure, you are typically the data controller and we act as processor/service provider, processing only on your instructions under applicable agreements. You must ensure lawful collection, notices, consents, and data subject rights handling.

Security measures include administrative, technical, and physical safeguards consistent with industry practices (e.g., ISO/IEC 27001-aligned controls, Tier III-style DC practices, TLS in transit, access control, logging, and incident response).

16. International Data Transfers

Data may be processed or stored in Malaysia or other jurisdictions where we or our providers operate, including Hong Kong, Singapore, Japan, the United States, and the European Union. We implement appropriate safeguards for cross-border transfers (e.g., contractual clauses, access controls, minimization).

17. Subprocessors & Third-Party Services

We may engage vetted subprocessors (data centers, network carriers, payment gateways, support/monitoring tools) under written contracts requiring confidentiality and appropriate security. Use of third-party services by you is subject to their terms and is at your own risk.

18. Intellectual Property & DMCA/Abuse

Content you host remains yours or your licensors’. You must not infringe third-party rights. We respond to bona fide abuse or infringement notices and may remove or disable content or access where appropriate. Notices should be sent to support@cloudvalleyidc.net with sufficient detail to allow assessment.

19. Force Majeure

We shall not be liable for failure or delay due to events beyond reasonable control, including natural disasters, acts of government, war, terrorism, civil unrest, strikes, power failures, or major network outages outside our reasonable control.

20. Governing Law & Dispute Resolution

This Agreement is governed by the laws of Malaysia. The parties shall first attempt to resolve disputes amicably. Failing that, disputes shall be submitted to the exclusive jurisdiction of the courts of Malaysia.

21. Changes to the Agreement

We may update this Agreement from time to time. Updates will be posted on this page with a revised effective date. Your continued use of the Services after changes become effective constitutes acceptance of the updated terms.

22. Contact

CLOUDVALLEY SDN. BHD.
Location: Malaysia
Website: www.cloudvalleyidc.net
Email: support@cloudvalleyidc.net

For legal or abuse matters, include sufficient details and relevant evidence so we can investigate.