Terms of Service (ToS)
You may only use the Service if you agree to these terms. If you do not agree, do not use the Service. This agreement limits our liability and disclaims warranties for the Service to the maximum extent permitted by law. Please read all clauses carefully.
- REGISTRATION AND ACTIVATION
- YOUR ACCOUNT
- CHARGES; BILLING; PAYMENT
- SERVICE PROVISION
- USING THE SERVICE
- LIMITS ON SERVICE
- YOUR CONTENT
- CANCELLATION OR TERMINATION OF SERVICE/ACCOUNT
- SUSPENSION OF SERVICE/ACCOUNT
- TECHNICAL SUPPORT
- EXCLUSIVE REMEDIES
- DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES
- APPLICABLE LAW/JURISDICTION
- AGREEMENT INTERPRETATION
- FORCE MAJEURE
- AMENDMENTS TO THIS AGREEMENT
If you create an account ("Account") to become a member, you may start using the Account as soon as you have completed the sign-up process. As a member, you may obtain access to certain sections of the content available only to members, for example the ordering of a new service. However some parts of the Account may not be available right away while we configure for your use.
You are solely responsible for all activities on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your Account and for all communications and activities on the Service that results from the use of your Account. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account.
You agree to provide Beyotta with accurate and complete contact information. Contact information is defined as any personal identifiable data, which includes but not limited to your name, email address, street address, telephone, fax number and any other information that you provide Beyotta during the sign-up process. You further agree to provide us with updated contact information should there be any changes within a reasonable period of time following such changes. Providing false or misleading information may result in immediate suspension to both your Service and Account.
This clause applies in all situations in which you pay Beyotta directly for a service. All fees are in Singapore dollars unless otherwise specified.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART,
Even if you do not pay for any services, you may still incur other charges incidental to using the service; for example, charges for phone or Internet access, wireless service and other data transmissions.
If your use of the Service is subject to any type of government mandated tax, then Beyotta may also charge you for any such taxes in addition to the published fees. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
Beyotta shall send any service renewal invoice to you, the Account holder, at least 7 (SEVEN) days before the due date.
When you sign up for a service or pay for credit top ups, you will provide a payment method. You confirm that you are authorized to use the payment method, and you authorize Beyotta to charge you for the Service using your payment method and for any fees incurred to your Account while this agreement is in force. Currency exchange settlements are based on your agreement with your payment method provider.
If you setup a recurring payment arrangement with the payment method, you understand that it is your responsibility to have it terminated should you no longer wish to continue the use of the Service, or the use of the payment method.
All fraudulent payments and any filing of payment disputes or charge-back will be subjected to immediate suspension of both your Service and Account.
You may receive a limited time of free trial service or some other trial period offer. Unless otherwise stated, if you are participating in any trial offers, you are responsible for cancelling the service by the end of the trial period to avoid incurring charges or having your service downgraded. If you do not cancel your service and we have informed you that the service will automatically be converted into a paid service at the end of the trial period, then you authorize Beyotta to charge you for the service. If we downgrade your service, some of your data may not be available to you and Beyotta may delete such data permanently from our servers. You are responsible for taking the necessary steps to backup your data.
Provisioning of services is performed manually. Beyotta assures that your Service will be provisioned within 2 working days after the order is received, provided your order passed the our verification system, and your payment for the Service has been successfully cleared. Beyotta reserves the right to refuse the provisioning of any new Service ordered due to any reason, including but not limited to cases like unsettled overdue invoices in your Account.
In using the Service, you will: comply with all laws, comply with any codes of conduct or notices we provide, keep your account key and password secret, and promptly notify us if you learn of a security breach related to the Service. In using the Service you will not: engage in, facilitate, or further unlawful conduct; use the Service in any way that harms Beyotta, our licensors, affiliates, partners, vendors, or any customers of ours or our licensors, affiliates, partners and/or vendors; damage, disable, overburden, impair the Service (or the networks connected to the Service) or interfere with anyone's use of the Service.
A) IP Allocations.
All public IP addresses assigned to you must adhere to APNIC's IP allocation policies. Justification of the use is mandatory, failure to provide a satisfactory reason for such use may result in a revoke of the allotted IP address(es). You must not use, or attempt to use, any IP addresses that are not assigned to your Service or Account. Use of private IP address is allowed if prior permission has been granted from our technical support team.
In the very unlikely event of an emergency, breakdown, or unforeseen extreme cases, we may impose limits on the Service, which includes but not limited to the number of days the Service that is available to you, the amount of bandwidth for traffic to your Service, how long an inactive account is kept and etc.
If you exceed the Service limits, we reserve the right to suspend your Service, or to request you to upgrade the Service in part or in whole to the plan with more resources.
Unless otherwise specified, Beyotta does not claim ownership of the content you provide through the use of the Service. Your content remains yours. We also do not control, verify, or endorse the content that you and others make available on the Service. You control who may access your content, and you manage your own terms and conditions with your visitors or members, if applicable.
You understand and agree that you are responsible for backing up the data that you store on the Service, and shall not hold Beyotta responsible for any data loss should it happen due to any reason.
B) Limited License to Contents.
You hereby grant Beyotta a non-exclusive right and license to copy, transmit, distribute and display any content you stored on our servers through the use of Service, solely for the purpose of the rendering of our services under this agreement or by providing data backup service. Such limited right and license shall extend to no other materials or for any other purpose, and will terminate along with the termination of this agreement automatically.
Beyotta does not support, agree, or approve the unauthorized use of content protected by copyright and other intellectual property rights. You understand that sharing contents that violates others' copyrights and intellectual property rights violates this agreement. You represent and warrant that through the use of the Service you do not violate the intellectual property rights of any third party. You understand that Beyotta may remove files at any time without notice when the content violates this agreement or an application code of conduct, or when we have a good faith reason to believe it is necessary to do so.
We treat all copyright infringement reports seriously. Should there be any reports directed to you or to the Service that you are using or in relation with, we may forward such reports to you for an immediate action. Beyotta reserves the right to terminate your Service if you fail to respond to the report within the stipulated time frame.
Either you or Beyotta has the right to terminate or cancel your Account or a particular Service. You understand and agree that the cancellation of your Account or a particular Service is your sole right and remedy with respect to any dispute with Beyotta. Termination or cancellation of Account will result in all of your Services being terminated or cancelled along with the Account.
A) Termination by Beyotta.
Beyotta may cancel or terminate your Service and/or Account at any time and for any reason without notice, including if you violate the terms of this agreement. If your Service is terminated, your right to use the Service will terminate right away; if your Account is terminated, your right to use all of your Services will terminate right away. Cancellation of the Service or Account will not change your obligation to pay any charges due on your Account.
B) Termination by You.
You may cancel your Service for any reason at least 7 (SEVEN) days before the next billing cycle. You may also cancel your Account at any time and for any reason without notice, provided you do not hold any active Service at the time of cancellation. Cancellation of the Service will not alter your obligation to pay all charges due on your Account.
C) Data Retention.
Upon termination or cancellation of the Service by you or us for any reason, Beyotta may delete your data permanently from our servers. You are responsible for taking the necessary steps to back up your data.
D) Waiver of Rights and Obligations.
To the extend necessary to implement the termination of this agreement, each party waives any right or obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this contract.
E) Survival of Terms.
Clause 9(E), 13, 14, 15, 16 shall survive any cancellation or termination of this agreement.
Beyotta may suspend your Service or a portion of your Service at any time and for any reason without notice, including if you violate the terms of this agreement. Re-activation of the Service due to violation of terms of service is generally not permitted, unless it is pre-approved by a member of the management team; and you understand that we may impose an administrative fee for such re-activation.
Beyotta also reserves the right to suspend your Service if you let your invoice to remain in overdue status for 48 hours or more. Suspended service may be re-activated if the invoice is cleared within 7 days from the due date, after which Beyotta shall terminate your failed-to-pay Service according to terms explained in clause 9.
Beyotta may suspend your Account at any time and for any reason without notice, including if you violate one or more terms listed in this agreement. If we do, your Service with us may be suspended along with your account. Multiple suspensions due to violation to terms of this agreement may result in your Account being forcefully terminated.
Beyotta agrees to provide reasonable technical support by email to you during our normal technical support hours. Our responsibility for all "self-managed" services is limited to hardware and network related issues. Beyotta does not extend its support services to your clients or users, and we do not offer technical support for application specific issues such as PHP programming problems or any other similar cases.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BEYOTTA WITH REGARD TO THE SERVICE IS TO DISCONTINUE USE OF SERVICE AND CANCEL YOUR ACCOUNT. BECAUSE SOME REGIONS, COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH REGIONS, COUNTRIES, STATES OR JURISDICTIONS, BEYOTTA, ITS LICENSORS, AFFILIATES, PARTNERS AND VENDORS LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF SERVICE REMAINS WITH YOU, THE ACCOUNT HOLDER. ANY WARRANTY FOR BEYOTTA EXPRESSLY DISCLAIMS (A) ANY WARRANTY FOR THE SERVICE AND (B) ANY COMMON LAW DUTIES WITH REGARD TO THE SERVICE INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. THE SERVICE AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SATISFACTORY QUALITY. THIS SECTION WILL APPLY TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW.
B) Limitation of Liability.
NEITHER BEYOTTA, ITS LICENSORS, AFFILIATES, PARTNERS OR VENDORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, YOUR ACCOUNT AND THE LIKE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL BEYOTTA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE, ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE ANY INFORMATION, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF BEYOTTA'S WARRANTY AND EVEN IF BEYOTTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS.
The above paragraph may not be applicable for you depending on your region, country or state specific laws.
C) No Guarantee.
BEYOTTA DOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE SERVICE AND TO YOUR ACCOUNT. BEYOTTA MAKES NO GUARANTEE ABOUT THE RELIABILITY, ACCURACY, OR TIMELINESS OF THE SERVICE OR THE RESULTS OBTAINED FROM THE SERVICE.
You agree to defend, indemnify and hold harmless Beyotta, its licensors, affiliates, partners and vendors from all liabilities, claims and expenses, including attorneys' fees, that arise from or in connection with breach of this agreement, use of the Service or any information made available through the Service by you or any person(s) using your Account. Beyotta reserves the right, at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Beyotta in that matter.
You agree that this agreement shall be deemed to have been made and executed in Singapore, and any dispute arising hereunder shall be resolved in accordance with the law of Singapore. You agree that any claim asserted in any legal proceeding by you against Beyotta shall be commenced and maintained exclusively in any court located in Singapore, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this agreement, the prevailing party will be entitled to attorneys' fees and expenses.
The above paragraph may not be applicable for you depending on your region, country or state specific laws.
In the event that any provision of this agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this agreement shall remain in full force and effect. This agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this agreement.
Beyotta's obligations are subject to existing laws and legal process and Beyotta may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
Beyotta will not be liable for any loss or damage or be deemed to be in breach of this agreement to any event or circumstance beyond its reasonable control, including war, invasion, electrical shortages, terrorist attacks, earthquakes, or acts of God. Beyotta's obligations are subject to existing laws and legal process and Beyotta may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
Beyotta may amend this agreement at any time in its sole discretion. We will notify you at least 30 (THIRTY) days before the changes take place. You must cancel your Account and stop using the Service before the effective date of the amendments if you do not agree to the changes. Failure to cancel your Account shall mean that you agree and accept the related amendments.
Beyotta also reserves the right to change our services, modify our fees or billing methods at any time and we will provide a change notice at least 30 (THIRTY) days in advance. You are responsible for reviewing the change, and you agree to accept such change if you do not cancel your Service before the effective date of the change. If you choose to cancel the Service as a result of the change, Beyotta may, but is not obligated to, provide a prorated refund of any prepaid fees paid to Beyotta.