TERMS AND CONDITIONS
- Term of Agreement
- The initial Contract term of this Agreement is detailed in the Quotation[s] for Products / Services issued and signed by the Client.
a) Asian Union Holdings Limited will deliver all of the Data Centre's services exclusively based on these Terms and Conditions. This document is exclusively used when a Client makes use of the Terms and Conditions and these hold provisions that are contrary to or deviating from the present Terms and Conditions.
b) This version of the Terms and Conditions will apply during the "Minimum Contract Term" of the Agreement as per the signed Quotation Acceptance Declaration.
c) At the end of the "Minimum Contract Term" the Agreement between the both parties will continue SUBJECT to Clause 1[d] below until such time as the Agreement is terminated either by either party giving 30 days' notice or by breach of these Terms and Conditions.
d) At the end of the "Minimum Contract Term" the Terms and Conditions applying at the time will come into force and be applied to the continuing Agreement between the both parties.
e) At the end of the "Minimum Contract Term" Asian Union Holdings Limited reserves the right to review the cost of services being provided. The Client will be advised of any changes in costs by Asian Union Holdings Limited giving 30 days' notice to the Client in writing.
f) Asian Union Holdings Limited has the right to change this document at any time. Any changes made will be notified to the Client within 10 days of the changes being made.
g) This document should also be read in conjunction with the Asian Union Holdings Limited Service Level Agreement.
h) The latest Terms and Conditions and Service Level Agreement documents are always available online by visiting www.auhl.com.hk.
- Asian Union Holdings Limited's Services
a) The scope of services provided by Asian Union Holdings Limited is determined and applicable at the time of the order.
b) Internet Connectivity to the Data Centre shall be a minimum yearly average of 99.95%. Asian Union Holdings Limited informs all clients there may be occasions of reduced or limited connectivity due to third party actions. These reductions in service caused by a third party are not covered by Asian Union Holdings Limited Service Level Agreement mandate; this particularly includes but is not limited to Internet errors outside of Asian Union Holdings Limited's control and force majeure. Also Client's hardware / software / infrastructure could also have an impact on the efficiency of Asian Union Holdings Limited's services, in such circumstances Asian Union Holdings Limited shall not be deemed to be within the Terms of the Contract.
c) Asian Union Holdings Limited performs maintenance work on a regular basis to ensure network security, integrity and efficiency. On some occasions it may be deemed necessary to temporarily restrict or interrupted services. All planned maintenance work will be carried out at times of low connectivity usage. On occasions of any planned maintenance when the reduction of service is going to be longer than 15 minutes, all Asian Union Holdings Limited's clients will be informed. All notifications will be given a minimum of 48 hours prior to the commencement of any maintenance works. We will ensure that there are no more than three scheduled maintenance projects in any one calendar month that will cause an interruption to the Client.
d) Asian Union Holdings Limited may, at our absolute discretion, change the infrastructure, backbone, hardware, software and third party suppliers at any time. Only if specific infrastructure, backbone, hardware, software and third party suppliers have been specified in the contractual agreement will there be no changes made without prior consent.
e) Asian Union Holdings Limited has the right to modify the services if in the best interests of the clients and Asian Union Holdings Limited.
f) Asian Union Limited has reserved the right to change or re-allocate IP addresses if required for technical or legal reasons. In this instance the Client is required to co-operate in the changes to their systems.
- Asian Union Holdings Limited's Measures on Infringements of Rights and Threats
a) Asian Union Holdings Limited has the right to restrict or deny service if there is a breach of these Terms and Conditions.
b) A restriction can be placed on services if Asian Union Holdings Limited believes Terms and Conditions have been ignored. It is the Client's responsibility to prove that they have kept within the Terms and Conditions.
c) It is down to the sole discretion of Asian Union Holdings Limited on what action to take against breaches of the Terms and Conditions.
d) In no respects shall the Client surrender the use of Asian Union Holdings Limited owned dedicated servers to third parties. All Agreements must be agreed with Asian Union Holdings Limited prior to the completion of the contract.
e) Asian Union Holdings Limited has the right to restrict service if we deem that necessary to preserve the integrity of the infrastructure.
f) If at any time the security or integrity of the infrastructure is put at risk by the Client, Asian Union Holdings Limited has the right to restrict or deny service.
g) For all breaches of service, the Client will be notified in writing, either by email to the nominated Client and / or Corporate Representative's email address or by post to the Registered Office of the Client.
h) If the contract is to be cancelled because of a breach of any Terms and Conditions then the full cost of the remaining period of the contract will be required to be paid in full within 30 days of the issue of Cancellation of Contract notification and Invoice.
i) Failure to make any Termination Payment by the due date will result in Asian Union Holdings Limited charging a Late Payment Fee.
j) Asian Union Holdings Limited reserves the right to retain any Client equipment held in our Data Center[s] until such time as all outstanding payments have been paid (installment or in full paid basis).
- Client Obligations
a) It is the Client's obligation to provide all the correct information required - its email addresses, bank details etc. Failure to do so will be a breach of contract. The Client Information Form will be provided for completion by the Client with the required information needed by Asian Union Holdings Limited for our records.
b) The required Client Information Form asked the Client to appoint one or more Corporate Representatives, and once appointed, it means Client agree to be bound by any decision confirmed by any named Corporate Representative.
c) The Client should maintain at least one member of their operations personnel who understands this Agreement.
d) Asian Union Holdings Limited sends all notifications via email. All information sent will be checked to see if the mail has been delivered. It is the responsibility of the Client to check and read their emails. Delivery of emails to the nominated Client email address and / or Corporate Representative's email address will be proof of notice being served.
e) It is the Client's responsibility to set up their systems.
f) It is at the Client's discretion whether they wish to disclose passwords to Asian Union Holdings Limited for administration purposes. Any passwords that are disclosed are not recorded for security purposes.
g) Asian Union Holdings Limited recommends that all data stored in the Data Center is backed up. The Client can provide their own solution or chose one of Asian Union Holdings Limited backup service solutions. Asian Union Holdings Limited will not under any circumstances be responsible for any loss of data.
- Payment Terms
a) The Client shall pay Asian Union Holdings Limited on demand all applicable charges for the relevant Service[s] at rates specified in the agreed contract.
b) Payments are taken by way of Credit Card, Direct Debit or Installment.- i. Where a Credit Card/ Direct Debit payment fails because of the actions or omission of the Client, Asian Union Holdings Limited reserve the right to charge a Late Payment Charge.
- ii. Where Client payments fail in this way more than once Asian Union Holdings Limited may require future payments to made in advance.
- iii. Repeated failure to make payments under the agreed Credit Card/Direct Debit is regarded as a breach of these Terms and Conditions.
c) If payment is received by the due date no further fees will be added.
d) If payment is not received within 30 days of the Invoice date, Asian Union Holdings Limited will regard this as a breach of these Terms and Conditions.
e) Rental for the service[s] will start on the Commencement of Service Date, unless Asian Union Holdings Limited notify the Client of a later date for the start of service when rental will be payable from the revised date.
f) Rental is payable in advance but at our absolute discretion, we may bill Client in arrears, except for temporary services. Client must pay rental in accordance with Asian Union Holdings Limited's billing cycle. We will apportion rental on a daily basis for incomplete billing periods.
g) All amounts due under this Agreement shall be paid in full without any deduction or withholding other than as required by Law. The Client shall not be entitled to assert any credit, set-off or counterclaim against Asian Union Holdings Limited in order to justify withholding payment of any such amount in whole or in part.
h) Asian Union Holdings Limited reserve the right to charge interest calculated on a daily basis on any balances which remain unpaid from the due date to the date of payment. The due date being 7 days from the issue of such invoice.
i) A significant extra effort may be required by Asian Union Holdings Limited to collect payments due.
- Data Protection
- Intellectual Property Rights
- Asian Union Holdings Limited reserves the Intellectual Property Rights on all but not limited to any coding, scripts or services provided to the Client within the Data Centers.
- Terms of Termination of Contract
a) All terminations of contract applications are to be made in writing and sent to firstname.lastname@example.org or by post to
The Accounts Manager.
Asian Union Holdings Limited
Suite No.1 15/F Tower 1 , China Hong Kong City
33 Canton Road,Tsim Sha Tsui,KL,Hong Kong
b) All applications to terminate a contract shall be signed by a nominated Corporate Representative and authorized signatory of the company applying for the termination. Applications signed by unauthorized signatories will not be accepted.
c) Asian Union Holdings Limited reserves the right to terminate any contractual obligations due to lack or continual late payment or for any other good cause stated in the Client obligations section above. Any contract terminated will be completed after reasonable written notice is given.
d) Asian Union Holdings Limited reserves the right to terminate any contractual obligations should the Client Company cease to trade; file for Dissolution; enter into Administration or Liquidation. Any unpaid outstanding balances will be recoverable by way of retention of any Client equipment held by Asian Union Holdings Limited or by due process through the Courts of Law.
e) If for whatever reason the contract is terminated by either party other than for a breach as stated above, then half of the full cost of the remaining period of the contract will be required to be paid in full within 30 days of the issue of Cancellation of Contract notification and Invoice.
f) Failure to make any Termination Payment by the due date will result in Asian Union Holdings Limited charging a Late Payment Fee.
g) Asian Union Holdings Limited reserves the right to retain any Client equipment held in our Data Centre[s] until such time as all outstanding payments have been fully paid.
h) Should, for any reason, Asian Union Holdings Limited require the removal of all or any Client equipment, we will give 3 months written Notice to the Client. It is agreed that under the terms of this agreement Asian Union Holdings Limited will not have to provide any reason for this request and the Client agrees to comply with the request by removing all or any equipment as requested.
The Client shall compensate Asian Union Holdings Limited for any damage caused from a breach of the forgoing provisions to the extent that it is responsible for. Any compensation shall also include reasonable costs for any legal defense that may be necessary.
Asian Union Holdings Limited will inform the Client without delay if Asian Union Holdings Limited or any third parties assert such claims and shall give the Client ample opportunity to state their views.
- Amendment to Terms & Conditions
These Terms and Conditions may be amended by Asian Union Holdings Limited at our absolute discretion and any amendments will be posted on our website: www.auhl.com.hk for Client's information.
Amended Terms and Conditions will come into force and will be binding upon both parties should the services continue beyond the initial Contract period as agreed by both parties even if no further Contract is signed to extend the period for the provision of services.
Latest Terms and Conditions apply and are available on our website: www.auhl.com.hk
- Governing Law
- These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.