TOS - Terms of Service

Terms of Service (TOS) apply to all sales services provided by TY SOFTWARE ENGINNERING (CA0306018-T) to customers through the website www.cloudpowerall.com. By purchasing our products and services, you agree to the following terms (including: Privacy Policy and GDPR, Disclaimers And Declarations).

We have the right to make amendments to these terms at any time, which will take effect immediately after the terms of service are posted on the website.
Last modified time: 04/23/2021

Support and tickets
You need to have enough knowledge to manage all aspects of a computer running a Linux-based operating system without any help from us. The server we provide to you will always be strictly managed by you. In other words, we are only responsible for the hosting server, and we will not assist you in installing or configuring applications on the VPS assigned to you, troubleshooting, restoring from backups, etc. This is entirely your responsibility.
1. Our work order response time limit is within 24 hours.
2. Technical support will try to solve your problem, but only for technical fault level problems.
3. If the department of the work order is selected incorrectly, you will be transferred to the correct department, but the response time may be extended.
4. In any way, any behavior including but not limited to personal attacks on the customer service will be permanently terminated.

Backups
 Our data storage system is fully redundant, which means that a failure of one component should have no effect on data integrity. However, we accept no liability or responsibility whatsoever for loss of or harm to any data of yours, nor for any damages you may suffer in connection with such loss or harm to your data. We strongly encourage you to implement your own backup solution and to periodically ensure that you can recover your own data.

VPS Service - Fair Share Policy
You are permitted to use all server resources that we allocate to you in connection with our services, with a few exceptions as described below.
 1. Storage I/O
    Please avoid situations where your VPS is constantly performing storage I/O operations at a rate over 100 MiB/s for prolonged periods of time (2+ hours). Should storage I/O usage exceed this value, we will inform you via email. Should storage I/O continue after such notification, we reserve the right to temporarily suspend service until this is resolved.
2. Central processor (“CPU”) resources
    Please avoid situations where your VPS is constantly performing cpu resources operations at 100% for prolonged periods of time(1+ hours).Should cpu usage exceed this value, we will inform you via email. Should cpu continue after such notification, we reserve the right to temporarily suspend service until this is resolved.

Accounts
You are the account holder with us, and each VPS you use represents a separate service.
We do not allow assignment, sale, or transfer of customer accounts from one person or entity to another. You have no right to assign, sell, or otherwise transfer your rights under this ToS to anyone.

Payment policy
1. You must make the payment before the bill is due, otherwise you will not be responsible for the loss caused by the closing of the bill.
2. If a promotional code is used for the payment that has not been generated, if the promotional code is limited in quantity, it will be issued according to the order in which the bill is generated. If the limit is reached, a bill without the promotional code will be generated for you.
3. The price of the shopping cart is for preview only, please refer to the bill generated during settlement.
4. The service will be deleted after 3 days (72 hours) of expiration.

Cancellation and refund policy
You may request a refund of your payments to us, provided that all of the following conditions are met:
1. Each customer can refund once a month for reasonable reasons, and no refund due to IP attribution;
2. Customers who violate our service agreement or restrictions will not get a refund;
3. None of your payments to us have been previously been or currently are disputed or charged back;
4. None of the IP addresses assigned to your VPS are on any blacklist or blocklist;
5. For products of any cycle, refunds cannot be obtained after more than three days from the date of purchase (unlimited data products cannot exceed one day);
6. If a refund is required due to network speed problems, you need to provide a screenshot of the speed test of the corresponding area node of the Speedtest product so that we can confirm the problem. It is generally believed that if the bandwidth of non-exclusive products indicates that the network speed is higher than 100M, and the test result is higher than 25%, no refund will be obtained; if the network speed is lower than 100M, the test result is higher than 50%, and the test result cannot be refunded. paragraph;
7. Once you request to cancel the service, we will not re-open it for you, and there will be no refund;
8. Any product using more than 10GB network traffic can not get a refund;
9. Any payment method refund will be deducted 10% (minimum $1) service fee.;
10. After more than five refunds under one account (the same IP/email address is regarded as the same user), no refund will be obtained;
11.With the exception of payments for IP address changes (if any);

Refunds will only be issued in the original form of payment. After a refund is processed and will usually arrive within 24 hours.

Chargebacks and Paypal Disputes
Please do not file or lodge a dispute with Paypal in order to get a refund, as this will prolong the process and create more work for you and for us.
Initiating a chargeback or a Paypal dispute will result in the immediate suspension of our services to all accounts under your name and, at our discretion, any other associated accounts, until the dispute is resolved. Additionally, we may charge you for any chargeback fees we incur, and for any time we spend dealing with the dispute (e.g. time spent locating and suspending affected services, communicating with payment processors and banks, dealing with your support tickets, etc.). In such cases, we will bill $40 per hour, and our services to you will not be resumed until your account is paid in full.

Affiliate Program
Participation in our affiliate program is optional.
If you choose to participate in our affiliate program, these rules apply to you:
Affiliate links must be followed naturally by real individual users of a website who are not paid to follow the links. We may review the use of our links to make sure you comply with our policies. If we are unable to verify the source of visitors to our website through affiliate links you use, we may refuse your requests to withdraw funds.
The following practices are strictly forbidden and will result in a permanent ban from our affiliate program:
  1.Cookie-stuffing (i.e. loading affiliate links by using an invisible image) and similar techniques;
  2.Using affiliate links to order service for yourself or your family, or on behalf of someone else;
  3.Offering cash back or any other monetary incentive to visit affiliate links.
If, in our sole discretion, we determine that you have violated our affiliate link policies, we may suspend our services to you and refuse your requests to withdraw funds.

Service restrictions
You agree to use our services fairly and legally through our terms and to prevent us and third parties from being affected by any malicious or unsafe environment. For more prohibited content or links, please refer to AUP:

IPv4 related policies
1.Within 24 hours of VPS activation, you can perform an unlimited number of IPv4 address replacements, and the product IPv4 address must be unavailable in mainland China when replacement.
2.The IPv4 address of the VPS can be replaced for a fee. According to the remaining availability of IP resources, we will adjust the price in winter. Please use the ticket for information.
3.After the replacement, the availability in mainland China will be checked. Even if it cannot be used again within 24 hours, it will still be calculated as a replacement.
4.If you change IPv4 too frequently, we have the right to refuse or charge you an extra fee for IPv4 replacement.

Governing law and jurisdiction
These terms shall be governed and interpreted in accordance with the laws of Malaysia, regardless of their conflict of laws provisions, and you irrevocably agree that the Malaysian courts have exclusive jurisdiction to resolve any disputes or claims arising from the following reasons: or with this terms of service or its The subject or form is related, including non-contractual disputes or claims.

Contact and communication
If you have any questions, please submit a ticket or contact [email protected], we will reply you in time. All notices should be communicated in writing by you or us through work orders or emails, unless we are sure to provide notices reasonably by posting an announcement on our website.

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