Services Agreement

Services Agreement

THIS AGREEMENT is entered into on the date specified in the Order Confirmation Form or online order form (“Order Form”).

BETWEEN:

ABC Computer Systems Ltd. (“ABCHK”), a company incorporated in Hong Kong with its registered office at Unit J, 18/F, World Tech Centre, 95 How Ming Street, Kwun Tong, Hong Kong; and
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The Customer, being the Domain Name Owner, Company Name, or individual private owner as stated in the Order Form, with its address as specified therein.

1. General Terms

1.1 ABCHK reserves the right to suspend or terminate a Customer’s access to any or all services if the account is deemed to have been misused.
1.2 Customers uncertain about whether a particular use or action is permitted must contact ABCHK by email at account@ABCHK.com or by telephone for clarification.
1.3 Customer agrees to comply with ABCHK’s Acceptable Use Policy (AUP), as published and updated from time to time on ABCHK’s website. The AUP is incorporated by reference into this Agreement.

2. Resource Usage and Traffic Policies

Excessive or abusive consumption of system resources—including CPU, memory, hard disk I/O, or other infrastructure—is strictly prohibited. Any activity that degrades or destabilizes server performance, or interferes with the service quality of other customers, will result in immediate suspension or restriction of service without prior notice.
Hosting packages may not be used as download repositories, file distribution hubs, or platforms for movies, streaming, or similar activities.
For shared hosting packages, database size must not exceed 500MB.
Bandwidth allocation:
Website Hosting: 10GB per month
Server Hosting: 100GB per month
Exceeding the allocated bandwidth will not result in suspension or throttling. Instead, ABCHK may require customers to purchase additional bandwidth or upgrade their service package to ensure uninterrupted usage.

2A. Fair Usage Policy

ABCHK services are intended for normal business use. Excessive, abnormal, or disproportionate consumption of system resources that adversely affects service quality for other customers may be deemed unfair usage.

ABCHK reserves the right, at its sole discretion, to restrict, suspend, or require the Customer to upgrade their service package if usage exceeds what is reasonably considered fair.

Examples of unfair usage include, but are not limited to:

Continuous high volume email sending beyond normal business communication.
Abnormal bandwidth consumption inconsistent with typical hosting activity.
Excessive CPU usage, memory consumption, or hard disk I/O that degrades server performance.
Excessive database queries or API calls that degrade server performance.
Use of hosting accounts as distribution hubs for large files, streaming, or media repositories.

Determination of fair usage shall be made solely by ABCHK, and Customers agree to abide by such determinations.

3. Lawful Purposes

Transmission, distribution, or storage of unlawful content under Hong Kong law is prohibited. ABCHK forbids hosting of obscene, pornographic, or objectionable material. ABCHK’s decision shall be final.

ABCHK may disclose Customer data, including but not limited to account information, usage records, and hosted content, to law enforcement agencies, regulatory authorities, or courts without prior notice or Customer consent, where such disclosure is required or permitted under applicable law, regulation, or valid legal process. Such disclosure shall not constitute a breach of this Agreement, and ABCHK shall bear no liability for any consequences arising therefrom. Any liability arising from such lawful disclosure shall be subject to the limitation set forth in Section 16.

4. Unlawful and/or Unethical Use

Hosting of adult content, pirated software, copyright violations, hacking, defamatory material, gambling, or other prohibited categories is not permitted. Prohibited categories include, but are not limited to, obscene or offensive content, malware distribution, phishing, extremist or violent material, and any activity unlawful under Hong Kong law.

5. Charges, Payment, and Refund Policy

Customers shall pay charges in accordance with ABCHK’s published price schedule.
Payments must be supported by proof (bank slip, transfer receipt).
Late payments may incur interest at 2% per month.
ABCHK may suspend services immediately if invoices remain unpaid, and may delete domain records, email data, and web files if invoices remain unpaid.

ABCHK requires three working days to settle invoices after receiving proof. If the official receipt is not received within three days, the Customer must contact ABCHK Accounts Department immediately.
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Refunds: All fees, charges, and payments made in advance or prepaid are non refundable, regardless of termination, suspension, or non use of services. Warranty corrections under Section 23 are service obligations only and shall not be construed as refunds.

6. Services Renewal & Termination

All service package contracts automatically renew annually (except domain names).
Customer termination requires 30 days’ advance written notice and settlement of outstanding invoices.
ABCHK may terminate for convenience with 30 days’ notice.

7. Email Acceptable Use Policy

Harassment, header forgery, and unsolicited mail are prohibited. Spamming, bulk mail, and unsolicited commercial email (UCE) are strictly prohibited. Accounts found sending spam will be terminated with or without notice. Sites advertised via spam are not permitted.

8. Technical Limitations

SMTP limit per session: 50 emails
Outgoing SMTP limit: 1,000 emails/day
Attachment size limit: 20 MB
Max storage per email account: 100 GB
Incoming email rejected if mailbox exceeds 98% usage
Webmail Spam & Trash folders: Emails are kept for 7 days only; older emails are automatically removed

9. Optimization Rules

IMAP/Webmail Inbox & Sent folders storing more than 5,000 messages will only list the last 180 days (6 months) of emails. Older emails are automatically moved to:

/Email-backup/Inbox/Yearly
/Email-backup/Sent/Yearly

Optimization runs once per week. If the Inbox still exceeds 5,000 messages after optimization, subsequent runs will reduce the listing to the last 90 days, or even 30 days if necessary.

10. Sender Restrictions

The “From” domain must be hosted with ABCHK when using ABCHK’s SMTP server. Incoming email may be rejected if the sender’s SMTP IP is blacklisted.

11. Newsletter Policy

eShopping, DIYHomepage, and ABCCRM accounts may send up to 1,000 newsletters per month. Accounts will be suspended or terminated immediately if ABCHK receives a spam complaint.

12. Services Intended for End User Only

Customers may not sublease, sub host, resell, or transfer control of ABCHK’s resources. Accounts terminated due to violations are non refundable.

13. Permission Based Email Marketing

Mailing lists must be collected legally, with recipient consent. Renting/buying lists, scraping addresses, or falsifying sender details is prohibited. All email activity must comply with CAN SPAM (US), Spam Act 2003 (Australia), and Hong Kong’s Unsolicited Electronic Messages Ordinance.

14. Primary, Secondary & Invoice CC Email

The Primary Contact Email serves as the customer’s login ID and the main channel for all official communications, notices, and instructions.
Customers are required to maintain a valid and accessible Primary Contact Email at all times. All instructions, notifications, and service updates will be deemed delivered once sent to the Primary Contact Email, and customers agree to follow up accordingly.
The Secondary Contact Email may be provided as a backup for redundancy purposes only. It does not replace the Primary Contact Email and will not be used as the main communication channel.
Customers may add additional email addresses in the Invoice CC field to receive billing notices and payment reminders only; ABCHK will never send sensitive information (including login credentials or account details) to these recipients.
Customers may self manage and update all contact details directly through the eBill Panel, and ABCHK will rely on and act upon the most recent information maintained by the customer in the system.

15. Disclaimer of Warranties

Services are provided “as is” and “as available.” ABCHK disclaims all warranties, express or implied, including merchantability, fitness for purpose, accuracy, and security.

16. Limitation of Liability

ABCHK shall not be liable for any direct, indirect, incidental, consequential, punitive, exemplary, or special damages, whether arising in contract, tort, statute, equity, or otherwise, even if foreseeable or advised of the possibility of such damages.

Customers are solely responsible for maintaining independent, redundant backups of all data. All data hosted, transmitted, or stored through ABCHK’s systems is maintained entirely at the Customer’s own risk. Without limiting the foregoing, ABCHK shall bear no responsibility or liability for any loss, corruption, destruction, unauthorized access, disclosure, or interruption of data, whether arising from human error, computer viruses, malware, fire, flood, disasters, server relocation, hardware malfunction, unauthorized access, hacking, denial of service attacks, deficiencies of third‑party services, or ABCHK’s own acts, omissions, errors, or negligence, except to the limited extent expressly required by applicable law.

Customer’s sole and exclusive remedy for any claim shall be limited to service credits (calculated as prorated monthly fees for the affected service) applied to future services, or termination of the affected service. Service credits are non‑transferable, non‑refundable, and may not be exchanged for cash.

Aggregate liability cap: In the event ABCHK is nevertheless found liable by law or court order, the total aggregate liability of ABCHK under this Agreement shall not exceed the lesser of (i) the total amount of service fees actually paid by the Customer to ABCHK for the affected services during the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) Hong Kong Dollars Fifteen Thousand (HK$15,000). This limitation applies to all claims combined and constitutes the Customer’s sole and exclusive monetary remedy.

Clarification on Liability Cap: For the avoidance of doubt, in no event shall ABCHK’s liability exceed the actual fees paid by the Customer for the affected service, even where the aggregate liability cap in this Section is higher.

Lost Business Waiver: ABCHK shall not be liable for any loss of profits, revenue, goodwill, business opportunities, or anticipated savings, whether direct or indirect, arising from suspension, termination, registrar actions, or service interruptions. Customers expressly waive any right to claim damages or compensation for alleged business losses, regardless of amount.

Nothing in this Section shall be construed as an admission of liability where ABCHK has expressly disclaimed responsibility under this Agreement.

The Customer assumes the entire risk of service interruptions, errors, or failures, including those arising from ABCHK’s own negligence, to the maximum extent permitted by law. All claims must be brought individually and within three (3) months of the event giving rise to the claim. Class actions or consolidated claims are expressly waived.

17. Indemnification

Customers shall indemnify ABCHK against claims, damages, regulatory fines, IP disputes, and unlawful activity arising from their use of services.

Indemnification shall also apply to misuse, misrepresentation, breach of third party rights, violation of applicable laws by the Customer, or consequences arising from lawful disclosure of Customer data to law enforcement, regulatory authorities, or courts. ABCHK’s liability in connection with such lawful disclosure shall in all cases be limited to the maximum liability set forth in Section 16.

18. No Guarantee of Error Free Service

ABCHK does not guarantee uninterrupted or error free services. Customers waive claims for outages or disruptions.

19. Force Majeure

ABCHK shall not be liable for failures caused by events beyond its control, including natural disasters, cyberattacks, or government actions.

20. Additional Protective Terms

Jurisdiction: Hong Kong law and courts apply.
Termination for Convenience: ABCHK may terminate services with 30 days’ notice.
No Reliance: Customers acknowledge no reliance on representations outside this Agreement.
Third Party Services: ABCHK is not responsible for the acts, omissions, or failures of third party providers, networks, or registrars.
Waiver of Class Actions: Claims must be brought individually.
Survival: All disclaimers and indemnities survive termination.

21. Service Suspension Clause

ABCHK reserves the right to suspend services immediately if misuse is suspected, including during investigation of potential violations. Suspension may occur prior to confirmation of breach, at ABCHK’s sole discretion, to protect system integrity and other customers.

22. Limitation on Liability for Third Party Services & Customer Data Responsibility

Customers acknowledge and agree that ABCHK is not responsible for the performance, reliability, or failures of third party services, including registrars, ISPs, software vendors, or external networks. Customers assume all risks associated with such third party services, and ABCHK shall have no liability for interruptions, errors, or damages arising therefrom.

The Customer further acknowledges that all data hosted with ABCHK is maintained at the Customer’s own risk. ABCHK shall have no liability for any loss, corruption, or destruction of data, and the Customer must maintain independent, redundant backups at all times.

23. Web Design Services Warranty

ABCHK warrants that web design services shall be free from defects in workmanship and functionality for 90 days following completion and acceptance. During the warranty period, ABCHK will correct defects directly attributable to its work at no cost.

Warranty exclusions include, but are not limited to:

Customer modifications, including CMS content updates, configuration changes, installation of plugins, extensions, or third party modules
Security breaches, malware, or vulnerabilities introduced by customer actions or third party software
Changes in browser standards, operating systems, device environments, or hosting platforms after completion
Content updates or new feature requests outside the original scope

After the warranty period, all corrections or updates are subject to ABCHK’s standard maintenance charges. This warranty is subject to the liability limitations set forth in Section 22.

24. Domain Name Services

ABCHK provides domain name registration services on behalf of customers through the following accredited registrars:

HKDNR (http://www.hkdnr.hk)
eNom (http://www.enom.com)
WebNIC (http://www.webnic.cc)

By requesting domain registration through ABCHK, customers acknowledge and agree to be bound by the applicable service terms and registration agreements of the selected registrar. Customers are responsible for reviewing and complying with the registrar’s policies, rules, and obligations.

Customers acknowledge and agree that ABCHK has no authority or control over decisions made by domain registrars. Such decisions may include, without limitation, suspension, cancellation, or revocation of domain names arising from disputes, regulatory requirements, policy enforcement, or compliance obligations. Registrar actions are final and binding, and ABCHK shall not be held responsible or liable for any consequences resulting therefrom.

Any liability of ABCHK in connection with registrar services shall be strictly limited to the maximum liability set forth in Section 16 of this Agreement. Customers expressly waive and release ABCHK from any claims, demands, damages, compensation, or refunds arising out of registrar nitiated suspensions or cancellations, regardless of cause or circumstance.

25. Entire Agreement & Severability

25.1 This Agreement constitutes the entire understanding between ABCHK and the Customer.
25.2 If any provision is found invalid, the remaining provisions shall remain enforceable.
25.3 Nothing in this Agreement shall limit ABCHK’s liability where such limitation is prohibited by applicable law, ensuring enforceability of all protective clauses.

26. Services Agreement Updates

ABCHK may update or modify this Services Agreement, and any incorporated policies, at any time. Changes will be published on ABCHK’s official website and shall take immediate effect upon posting. Customers are responsible for reviewing updates regularly and ensuring ongoing compliance. Continued use of ABCHK’s services after any update constitutes acceptance of the revised terms.

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