This agreement of guarantees of the delivery of services hereafter referred to as "Service Policy & Agreement" applies to relations between PT Infinys System Indonesia (“referred herein as Infinys”) to any Infinys customer or user (collectively referred to herein as "Customer") for the provision of services (collectively the “Services”). In what follows, "we" or "us" refer to Infinys, "you" refers to the Customer purchasing or using Infinys services, and services refers to all services, products and accompanying services provided by Infinys. In addition, "your users" refers to any third parties to whom you grant access to services running within or associated with your Infinys account.
All the customers of Infinys agree to the terms as an integral part of any contract for delivery of services which begins when customer subscribe to any Infinys services, either trial or paid.
Infinys may modify any aspect of this Service Policy & Agreement upon thirty days prior notice. Should Customer wish to terminate this Agreement as a result of such modification, Customer may do so by sending a notice of termination via email to firstname.lastname@example.org any time prior to the effective date of such modification. Absent such termination notice, the modified Service Policy & Agreement shall apply from the effective date for as long as Customer continues to retain Services from Infinys.
This Service Level Agreement (“SLA”) defines the terms of our responsibility with respect to the Services that Infinys provide (the “Service Commitments”) and Customer’s remedies in the event that Infinys fail to meet these Service Commitments. This SLA and the refunds set forth herein (the “Service Credits”) represent Infinys sole obligation and Customer’s sole remedy for Infinys failure to meet such Service Commitments.
The Service Commitments under this SLA are as follows:
Infinys guarantee a 99.5% network uptime for our public Internet network, excluding scheduled maintenance. Notwithstanding the foregoing, Customer recognizes that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of Infinys. Routing anomalies, asymmetries, inconsistencies and failures of the Internet outside of the control of Infinys can and will occur, and such instances shall not be considered any failure of the 99.5% Network Uptime Service Commitment. Infinys proactively monitor network uptime. The results of these monitoring systems shall provide the sole and exclusive determination of network uptime.
Infinys guarantee that the critical infrastructure systems will be available 99.5% of the time in a given month, excluding scheduled maintenance. Critical infrastructure systems include all power and HVAC infrastructure, including UPS, PDU and cabling. Critical infrastructure systems do not include any software or services running on a server, nor do they include any server hardware. Infinys proactively monitor infrastructure availability. The results of these monitoring systems shall provide the sole and exclusive determination of infrastructure availability.
Servers and Hosts
Infinys guarantee a 99.5% of all server hosts, including compute, storage and hypervisor availability. If a server host fails, Infinys guarantee that restoration or repair will be complete within three hour of problem identification. If a server migration is required because of server host degradation, Infinys will notify Customer at least 24 hours in advance of beginning the migration, unless Infinys determine, in our reasonable judgment, that Infinys must begin the migration sooner to protect Customer’s data. Infinys proactively monitor server uptime. The results of these monitoring systems shall provide the sole and exclusive determination of host uptime.
All of our provided services will be available 99.5% of the time in a given month excluding:
a) A problem within customer’s network, Internet connection, or a private network connection to the Infinys services, which prevents customer from reaching the services. b) A problem on customer’s computer or server including but not limited to the installed 3rd party software or hardware that prevents customer to get the service from Infinys. c) A problem connecting to the service due to any action on the part of the customer that trigger security response; e.g., scanning the ports of Infinys router triggers a shutdown of the ports used by the customer. d) Scheduled maintenance, Infinys will provide 24 hours of notices prior to maintenance periods. e) Installation of urgent “hotfixes” from any technology will be schedules as quickly as possible after testing, with notification to customer. The 24 hours notification above is waived for urgent “hotfixes”. f) Software bugs or problems within the technology that Infinys use that create service interruptions. g) Force Majeure shall mean any event or circumstances beyond the reasonable control of the party whose obligations are affected that render due performance of its obligations under this Service Level Agreement (SLA) including but not limited to acts of Gods, fire, war, riot, terrorism, other criminal activity, civil commotion, explosion, sabotage, perils of the sea, embargo, natural catastrophe, strike, act of government, change of law, or catastrophic policy regarding investments in Indonesia.
Infinys schedule nightly backup of all services data to the shared backup devices. Backup copy retention time is one day. If a disruption of the services occurs, Infinys will assign the highest priority and will make our best commercial efforts to ensure the timely restoration of the services. Depending on the type of disruption that has occurred, Infinys may elect to first restore the services without the customer data so that customer can use the services first. Any data not immediately accessible after a disruption in the services will be restored from the backup and made accessible with the highest priority. However, Customer understands that Customer is solely responsible for ensuring that all of the data that Customer have is backed up. Infinys assumes no responsibility for data loss resulting from the failure or loss of backup media or inability to access any such data. In no event shall Infinys be liable for damages resulting from loss of data, profits or for any incidental or consequential damages, even if advised of the possibility of such damage.
Installation, Configuration, Patching, Upgrades and Security Responsibility
Customer are solely responsible for any but not limited to PC, Server or Mobile Device configuration on delivered services including but not limited to 3rd party application installation, configuration, patching, upgrade and security. However, Infinys will make the best effort to assist Customer upon request at our discretion. Shall Customer need any further support or services; Infinys may charge Customer for additional fees with the agreement of both parties.
The 99.5% uptime guarantee for Network, Infrastructure, Service and Host, and Service Availability are calculated on monthly basis that converted to 3.60 hours downtime in any given month. In the event that Infinys fail to meet that guarantee, Infinys will use the below formula to calculate the service credit that Customer can have, up to 100% of the monthly service fees for those services affected.
Service Credit Requests
All SLA claims should be communicated via email to email@example.com within seven days of the incident on any given month. The email must include all relevant information, such as but not limited to account name, host name, IP address, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services.
All services provided by Infinys may be used for lawful purposes only. Customer undertakes that the use both direct or indirectly of our services do not and will not violate any applicable laws and that Customer will not permit any such violations by others.
Infinys are not responsible for any use that Customer or Customer’s users make of Infinys services, or any charges that that Customer or Customer’s users may incur with a third party. Customer will indemnify Infinys against any liability for any action that Customer undertake that does or may breach any applicable laws and any costs (including our legal fees and a commercially reasonable additional charge for our time), claims, damages, expenses, losses and liabilities resulting from such breach.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Infinys’ servers, or any other server on the Internet. Links to such materials are also prohibited.
NOTICE: IF CUSTOMER ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY OR ILLEGAL FILES, CUSTOMER ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, INFINYS WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Infinys deploy, operate and maintain computing infrastructure. Infinys services include the provision of capacity on this infrastructure to Customer. Customer will rent capacity on Infinys infrastructure, which Customer will access exclusively over the Internet. Infinys also offer accompanying services, for example domain name registration and DNS hosting.
Infinys have taken reasonable care in compiling the content of Infinys website, but make no warranty as to the accuracy of any descriptions of the services on Infinys website (with the exception of the Terms of Service), and Infinys do not accept any liability resulting from any reliance that Customer or any third party may place on such descriptions. In particular, performance descriptions are indicative and not guaranteed.
Customer may not always be able to increase the amount of capacity on our infrastructure, since Infinys infrastructure may be fully or nearly fully utilized by other customers.
The accompanying services that Infinys offer may be subject to additional terms and conditions from third parties, such as domain name registrars, who are involved in their provision or us. Infinys will notify Customer of these conditions, which Customer must also accept should Customer wish to use these accompanying services.
Infinys currently do not allow IRC or IRC bots to be operated on Infinys services
Any attempt to undermine or cause harm to a server or customer of Infinys is strictly prohibited. Customer is responsible for all Customers’ accounts. Should Customer violate the Terms of Services outlined within, Customer account will be cancelled without chance of refund.
Refusal of Service
Infinys reserve the right to refuse, cancel or suspend service, at Infinys sole discretion.
All sub-networks, distributive hosting sites and servers both cloud, dedicated or col-location of Infinys must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
By the Account Activation Date of each month, Infinys shall either:
1. Debit the client's credit card (when such information has been provided by the client); or 2. Deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Infinys by no later than the specified payment due date. Infinys shall be entitled to immediately terminate this agreement for Customers’ failure to make timely payments.
Certain services carry a setup fee charged by Infinys to Customer, which must be paid by Customer in order to have use of said services. If Customer terminates this agreement, Customer shall be responsible for any and all outstanding fees owed to Infinys and agrees to pay any and all fees incurred by Customer. Because the services are provided on a monthly basis, the Customer will be responsible for service fees incurred each month, regardless of when Customer provides notice of termination. Thus, for example, if the Customer provides notice of termination on the 15th day of a particular month, the Customer will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Money Back Guarantee & Refund Policy
Infinys do not generally refund cancelled contracts. For example, if Customer’s contract is quarterly and Customer request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domainregistrations, add-on purchases, SSL certificates or overage charges. In case of AUP (Acceptable Usage Policy) violations, any and all refunds are forfeit.
Infinys DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Refusal of Service
Infinys reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
Infinys shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Infinys' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Infinys shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Infinys' servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Infinys cannot be held liable for system down time, crashes or data loss. Infinys cannot be held liable for any predicated estimate of profits that a customer would have gained if their site were functioning. Certain services provided by Infinys are resold. Thus, certain equipment, routing, software and programming used by Infinys are not directly owned or written by Infinys. Moreover, Infinys holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. Infinys reserve the right to remove any account, without advance notice for any reason without restitution, as Infinys sees fit.
By activating your account with Infinys, Customer agrees to the above policies and disclaimer. Upon requesting activation of an account, Customer is required to accept these policies, guidelines and disclaimer, and a copy of Customer’s acceptance is forwarded along with Customer’s activation request to be maintained with Customer account information.
NOTICE: If Customer signs up for an account and fail to comply with these terms, no refunds will be given. Infinys will, however, advise Customer by e-mail or phone prior to taking any action to provide Customer with an opportunity to correct the problem.
Infinys have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for the services.
Information Automatically Logged
Infinys use Customer IP address to help diagnose problems with Customer server. Infinys use this information for no other reason.
Infinys site uses an order form for Customers to request services. Infinys collect sensitive information that is used only for Infinys’ purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the Customer when necessary.
Billing information that is collected is used to bill the Customer for services.
Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at Infinys site.
Infinys use this data to tailor our visitor's experience at Infinys’ site showing them content that Infinys think they might be interested in, and displaying the content according to their preferences.
All Infinys services have security measures in place to protect the loss, misuse, and alteration of the information under Infinys control. Infinys use strong SSL encryption to ensure your privacy.
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If Customer has any questions about this privacy statement, Customer can contact: email@example.com.
As a provider of cloud computing and other Internet-related services, Infinys offers its Customer and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Infinys respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Infinys reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Infinys has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each Customer's respective service agreement, and is intended as a guide to the Customer's rights and obligations when using Infinys' services.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When Customer obtains information through the Internet, Customer must keep in mind that Infinys cannot monitor, verify, warrant or vouch for the accuracy and quality of the information Customer acquire. For this reason, the Customer must exercise the best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Infinys cannot monitor or censor the Internet, and will not attempt to do so, Infinys cannot accept any responsibility for injury to its Customer resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When Customer disseminate information from the Internet, Customer must keep in mind that Infinys does not review, edit, censor or take responsibility for any information its Customer may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Infinys’ network and may reach a large number of people, including both customers and non-customers of Infinys, Customer’s postings to the Internet may affect other customers and may affect Infinys ' goodwill, business, reputation or operations. For these reasons, Customer violates Infinys policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Infinys, but also because it can overload Infinys ' network and disrupt service to other Infinys ' customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Infinys will investigate and shutdown the account that is Spamming. A Rp. 2.500.000, - charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Infinys reserves the right to prosecute for this violation. A Rp. 10.000, - charge will be assessed PER EMAIL sent should Infinys choose to pursue and prosecute.
Infinys does not allow adult content and will suspend/terminate any offending account.
Obscene Speech or Materials
Using Infinys ' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Infinys is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language
Using Infinys ' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"), also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks, also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that Infinys determines to be harmful to its customers, operations, reputation, and goodwill or customer relations.
As Infinys have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the Customer. Infinys will not, as an ordinary practice, monitor the communications of its Customer to ensure the compliance with Infinys ' policy or applicable law. However, when Infinys becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Infinys.
Infinys is also aware that many of its customers are themselves providers of Internet services, and that information reaching Infinys ' facilities from those customers may have originated from a customer of the Customer or from another third party. Infinys does not require its Customer who offers Internet services to monitor or censor transmissions or web sites created by customers of its Customer. Infinys reserves the right to directly take action against a customer of its Customer. Also, Infinys may take action against the Infinys' Customer because of activities of a customer of the Customer, even though the action may affect other customers of the Customer. Similarly, Infinys anticipates that Customer who offers Internet services will cooperate with Infinys in any corrective or preventive action that Infinys deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Infinys policy.
Infinys will not intentionally monitor private electronic mail messages sent or receive by its Customer, unless required to do so by law, governmental authority or when public safety is at stake. Infinys may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Infinys may disclose information, including, but not limited to, information concerning a Customer, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Infinys assumes no obligation to inform the Customer that Customer information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Infinys may disclose Customer information or information transmitted over its network where necessary to protect Infinys and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Infinys will never sell information to other services or outside companies.
Infinys expects that its Customer who provides Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A Customer’s failure to comply with those laws will violate Infinys’ policy. Finally, Infinys wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Infinys for any violation of the Service Agreement, law or Infinys policy resulting in loss to Infinys or the bringing of any claim against Infinys by any third party. This means that, if Infinys is sued because of a Customer’s or customer of a Customer’s activity, the Customer will be responsible for payment of any damages awarded against Infinys, plus costs and reasonable attorney's fees.