Legal Information

1. Overview and Acceptance

These Terms of Service (the “Terms”) form a legally binding agreement between you (the “Customer”, “you” or “your”) and GB Network Solutions Sdn. Bhd. (Company No. 201601029982 (1200923-H)) (“GB Network”, “we”, “us” or “our”). These Terms govern your access to and use of our websites, customer portal, infrastructure, products and services, including web hosting, email hosting, virtual private servers, dedicated servers, cloud services, colocation, domain-related services, software licences, security products, support services and any other services that we make available (collectively, the “Services”).

These Terms become effective when you place an order, electronically accept them, access or use a Service, or allow another person to access or use a Service through your account, whichever occurs first. If you use the Services on behalf of a company, organisation or other legal entity, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not order, access or use the Services.

2. Documents Forming the Agreement

The agreement between you and GB Network consists of these Terms together with the following documents, where applicable:

1. the order form, quotation, service description or invoice accepted by you;
2. our Acceptable Use Policy (“AUP”);
3. our Privacy Policy;
4. any applicable Service Availability Guarantee or service level agreement (“SLA”);
5. any product-specific terms, technical requirements, licence terms, registry rules or policies displayed or provided for a particular Service; and
6. any written agreement signed by both parties.

These documents are incorporated into and form part of the agreement. If there is a conflict, a written agreement signed by both parties will take priority, followed by product-specific terms for the affected Service, the applicable order or quotation, these Terms, and then the general policies. An invoice or administrative document issued by either party does not amend these Terms unless expressly agreed in writing.

We may update these Terms or an incorporated policy from time to time. Material changes will take effect on the date stated in the updated document or notice. Where reasonably practicable, we will provide notice through the website, customer portal, account email address or another appropriate channel. Your continued use of the Services after the effective date constitutes acceptance of the updated terms, subject to applicable law.

3. Eligibility, Authority and Account Security

You must be at least eighteen (18) years old and legally capable of entering into a binding contract. You must provide accurate, current and complete account, billing and contact information and keep it updated throughout the term of the Services.

You are responsible for:

1. safeguarding account credentials, API keys, access tokens and authentication devices;
2. using appropriate passwords and multi-factor authentication where available;
3. all activity performed through your account, whether authorised by you or resulting from compromised credentials, insecure applications or the acts of your employees, contractors, customers, end users or other persons who obtain access through you; and
4. promptly notifying us of suspected unauthorised access, security incidents or inaccurate account information.

We may rely on instructions received through your account or verified contact channels. We are not responsible for loss arising from unauthorised use where you failed to take reasonable security precautions or promptly notify us, except to the extent that the loss was caused by our own breach of applicable law.

4. Orders, Provisioning and Changes to Services

An order is subject to acceptance, payment verification, availability, fraud screening and any technical or compliance checks that we consider reasonably necessary. We may reject or cancel an order before activation and will refund any amount paid for a Service that we do not provide, except where the order was fraudulent or the payment is subject to reversal or chargeback.

Service specifications, resource limits, locations, features and support scope are described in the applicable product page, quotation, order or service-specific terms. Estimated provisioning or delivery times are not guaranteed unless expressly stated in a signed agreement.

We may modify, replace or discontinue a Service where reasonably necessary for security, legal, operational or technical reasons. We will provide reasonable notice where practicable. Immediate changes may be made where necessary to address an emergency, security risk, third-party dependency, legal requirement or threat to GB Network, our customers or other parties.

Scheduled maintenance, emergency maintenance, upgrades, migrations and security work may temporarily affect availability. Where practicable, we will provide advance notice of planned maintenance.

5. Customer Content, Data and End Users

“Customer Content” means data, software, websites, applications, files, databases, email, images, videos, logs, configurations and other material that you or your end users upload, store, transmit, process or make available through the Services.

As between you and GB Network, you retain ownership of your Customer Content. You grant us and our authorised service providers a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process, modify solely for technical formatting, back up and otherwise use Customer Content only as reasonably necessary to provide, secure, support and maintain the Services, comply with law, enforce the agreement or respond to a valid legal request.

You represent and warrant that you have all rights, licences and permissions required for Customer Content and its use through the Services. You are solely responsible for Customer Content, its legality, accuracy, security and the activities of your end users.

If you resell or provide access to the Services, you are responsible for your customers and end users. You must ensure that they comply with this agreement and must provide first-line support to them unless we agree otherwise in writing.

We do not routinely monitor Customer Content and are not responsible for it. We may investigate, preserve, restrict, remove or disclose Customer Content where permitted or required by the AUP, applicable law or valid legal process.

6. Acceptable Use and Compliance

You must use the Services in accordance with our AUP and all applicable laws and regulations. A violation of the AUP is a material breach of these Terms.

You must not use the Services in a manner that creates an unreasonable security, legal, operational or reputational risk; interferes with our infrastructure or another customer; infringes third-party rights; or causes GB Network or its suppliers to violate applicable law.

You are responsible for obtaining all licences, approvals and consents required for your activities, software, content and end users. You must cooperate with reasonable investigations and corrective-action requests relating to suspected abuse, security incidents or legal violations.

7. Company Content, Software and Licences

The Services, websites, documentation, designs, graphics, software, interfaces, trademarks and other content provided by GB Network or its licensors (“Company Content”) are owned by GB Network or the relevant licensor and are protected by intellectual property laws.

Subject to your compliance with the agreement, we grant you a limited, non-exclusive, non-transferable and revocable right to use Company Content solely as necessary to access and use the Services. You must not copy, resell, reverse engineer, decompile, disassemble, modify or create derivative works from Company Content except where expressly permitted by law or written agreement.

Third-party software and licences are subject to their respective licence terms. You are responsible for complying with those terms and for any licence quantities, restrictions or end-user requirements associated with your use.

8. Fees, Billing, Taxes and Payment

You must pay all fees stated in the applicable order, invoice or customer portal. Unless stated otherwise, Services are billed in advance and fees are due on the date shown on the invoice. Fees are exclusive of applicable taxes, duties and government charges, which are your responsibility except for taxes imposed on our net income.

You authorise us and our payment providers to charge your selected payment method for amounts due, including recurring renewal fees where automatic payment is enabled. You must keep payment information current and ensure sufficient funds are available.

If an invoice remains unpaid for five (5) calendar days after its due date, we may suspend or restrict the affected Services. Suspension does not remove your obligation to pay outstanding fees. We may require full payment and a reasonable reactivation fee before restoring a suspended Service.

If you dispute an invoice, you must notify us through the customer portal or billing contact as soon as reasonably possible and provide supporting information. You must pay any undisputed amount by the due date. Initiating an unjustified chargeback or payment reversal may result in suspension and recovery of associated fees and costs.

Promotions, discounts and credits are subject to their stated conditions, expiry dates and eligibility requirements. They have no cash value, are non-transferable unless stated otherwise and may be withdrawn where obtained through error, fraud or misuse.

We may change prices or introduce fees. Changes will apply on the date stated in the notice or, for recurring Services, from the next renewal term unless a different date is required by law or agreed in writing.

9. Renewal and Cancellation

Unless stated otherwise, recurring Services automatically renew for a period equal to the previous service term at the then-current renewal price. Renewal reminders are provided as a courtesy and failure to receive a reminder does not cancel the renewal or remove your payment obligation.

You may manage eligible renewals and cancellations through the GB Network Solutions Customer Portal. Cancellation must be completed before the applicable renewal or notice deadline. Dedicated Server and Colocation customers must provide at least thirty (30) days’ written notice before the renewal date unless their order or signed agreement states otherwise.

Stopping use of a Service, removing Customer Content, allowing a payment method to expire or failing to pay an invoice does not constitute a valid cancellation.

Where an order is cancelled after acceptance or provisioning work has begun, we may charge a cancellation fee of up to thirty per cent (30%) of the order value to cover committed costs, setup work, third-party charges and reserved capacity, provided that the fee is disclosed or otherwise permitted by applicable law.

10. Refunds and Service Credits

Fees are non-refundable except where a refund or credit is expressly provided by the applicable product terms, refund policy, SLA, written agreement or applicable law.

Domain registrations and renewals, setup fees, one-time charges, shipping, SSL certificates, software licences, technical or professional service fees, consumed resources, promotional credits and third-party charges are non-refundable unless expressly stated otherwise.

A refund is not available solely because of a change of mind, lack of use, insufficient technical knowledge, failure to configure the Service, Customer Content or software incompatibility outside our control, or a suspension or termination resulting from your breach.

Where an eligible Service is materially defective and we are unable to remedy the issue within a reasonable period, we may provide a prorated refund or service credit for the affected period, subject to the applicable policy and law. Service credits under an SLA are the sole and exclusive remedy for a failure to meet the relevant availability commitment unless expressly stated otherwise.

11. Suspension and Termination

We may suspend, restrict or terminate a Service or account where:

1. fees are overdue;
2. you breach these Terms, the AUP or another incorporated policy;
3. the Service presents a security, legal, operational or reputational risk;
4. your use affects our infrastructure, suppliers, customers or third parties;
5. we reasonably suspect fraud, abuse, unauthorised access or unlawful activity;
6. suspension or termination is required by law, a court, regulator, law enforcement agency or upstream provider; or
7. continuing the Service becomes impracticable because of a third-party dependency, loss of licence, material technical constraint or other circumstance beyond our reasonable control.

We may take immediate action without prior notice where necessary to address an emergency, security threat, abuse incident, legal obligation or material risk. In other cases, we may provide notice and a reasonable opportunity to remedy the breach where appropriate.

On termination:

1. your right to use the affected Service ends;
2. all outstanding fees become immediately due;
3. you remain responsible for retrieving and backing up Customer Content before termination;
4. licences, IP addresses, equipment or materials belonging to GB Network or a third party must be returned or cease to be used; and
5. provisions intended by their nature to survive termination, including payment, intellectual property, disclaimers, liability, indemnity, confidentiality and dispute provisions, will remain effective.

12. Backups, Data Retention and Deletion

You are responsible for maintaining current, independent and tested backups of Customer Content. You must not rely on the Services as your only backup location.

Unless you purchase a Service that expressly includes managed backup, we have no obligation to create, retain or restore backups. A backup feature does not guarantee that every file, database, configuration or restore point will be available or error-free. Restoration is provided on a reasonable-efforts basis and may incur a fee.

Suspension, expiry and termination are different events. For certain Services, we may retain data after expiry or suspension for up to three (3) months to allow possible recovery, but this is not guaranteed and does not create an obligation to preserve data. Once a Service is terminated, Customer Content may be permanently deleted after seven (7) days, or earlier where required for security, legal or operational reasons. Product-specific terms may specify a different retention period.

You must export all required data before cancellation, expiry or termination. Deleted data may be irrecoverable.

13. Support and Customer Cooperation

Support is provided through the channels and during the service levels stated for the applicable product. You must provide accurate information, relevant logs, authorised access and reasonable cooperation for us to investigate an issue.

Support does not include development work, third-party application debugging, data recovery, security incident remediation or administration outside the purchased scope unless agreed separately. We may charge for work outside the included support scope.

You are responsible for first-line support to your end users and for changes made by you, your administrators, developers, contractors or third parties.

14. Service Availability and Maintenance

We will use commercially reasonable efforts to provide the Services. No Service is guaranteed to be uninterrupted, error-free or immune from security incidents unless an applicable SLA expressly states otherwise.

Availability commitments, exclusions, measurement methods and service-credit procedures are governed by the applicable Service Availability Guarantee or SLA. Downtime caused by scheduled maintenance, emergency maintenance, Customer Content or configuration, customer actions, third-party networks or services, attacks, force majeure events or suspension under the agreement may be excluded as stated in the SLA.

15. Domains, IP Addresses and Third-Party Services

Domain registrations, renewals and transfers are subject to registry, registrar, ICANN, MYNIC and other applicable rules. We cannot guarantee the availability, renewal or continued registration of a domain name. You are responsible for keeping registrant information accurate and completing required verification.

IP addresses assigned to you remain under the control of GB Network or the relevant provider. They are not sold to you and may be changed, reassigned or withdrawn where reasonably necessary.

Third-party products and services may be subject to separate terms, availability and support obligations. We are not responsible for a third party’s acts, omissions, service changes or discontinuation except to the extent required by law or expressly agreed in writing.

16. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided on an “as is” and “as available” basis. Except for an express commitment in the agreement, GB Network disclaims all express, implied and statutory warranties, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement and uninterrupted or error-free operation.

We do not warrant that the Services will meet every requirement, prevent every attack, be compatible with all software or recover all data. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

17. Limitation of Liability

To the fullest extent permitted by law, GB Network and its directors, employees, affiliates, suppliers and agents will not be liable for any indirect, incidental, special, exemplary, punitive or consequential loss, or for loss of profit, revenue, business, opportunity, goodwill, anticipated savings or data, arising from or relating to the Services or the agreement, even if advised that such loss was possible.

To the fullest extent permitted by law, GB Network’s total aggregate liability arising from or relating to an affected Service or the agreement will not exceed the fees actually paid by you for the affected Service during the three (3) months immediately preceding the event giving rise to the claim.

The limitations in this section do not apply to liability that cannot lawfully be limited or excluded. Each party must take reasonable steps to mitigate its losses.

18. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless GB Network, its affiliates, suppliers, directors, officers, employees and agents from third-party claims, losses, liabilities, damages, penalties, costs and reasonable legal fees arising from or relating to:

1. your or your end users’ use of the Services;
2. Customer Content;
3. your breach of the agreement or applicable law;
4. infringement or violation of a third party’s rights; or
5. fraud, negligence, wilful misconduct or security failures within your control.

We will provide reasonable notice of an indemnified claim and allow you to participate in its defence, provided that you may not settle a claim in a manner that admits liability by or imposes an obligation on GB Network without our written consent.

19. Force Majeure

Neither party will be liable for delay or failure to perform an obligation, other than a payment obligation, caused by circumstances beyond its reasonable control. These may include natural disasters, fire, flood, severe weather, epidemic, war, terrorism, civil disorder, labour disputes, governmental action, embargo, utility or telecommunications failure, internet routing failure, data-centre failure, cyberattack, failure of an upstream provider or widespread hardware or software defect.

The affected party will use reasonable efforts to mitigate the impact and resume performance as soon as reasonably practicable.

20. Governing Law and Dispute Resolution

These Terms and the agreement are governed by the laws of Malaysia. The parties submit to the jurisdiction of the courts of Malaysia, subject to any mandatory rights or procedures that apply under Malaysian law.

Before commencing formal proceedings, the parties will make reasonable efforts to resolve a dispute in good faith. Either party may seek urgent injunctive or protective relief where necessary to protect systems, data, confidential information or intellectual property.

Domain-name disputes remain subject to the applicable registry or domain dispute-resolution policy.

21. Notices

We may send notices to the email address associated with your account, through the customer portal, by posting on our website or by another reasonable electronic method. You are responsible for keeping your contact information current. An electronic notice is deemed received when sent or posted, unless applicable law requires otherwise.

Notices to GB Network relating to billing, cancellation or support must be submitted through the appropriate customer-portal channel or to the contact address stated for that purpose. Legal notices must be sent by registered post or courier to GB Network Solutions Sdn. Bhd., F-2-2, Block F, CBD Perdana 3, Jalan Perdana, Cyber 12, 63000 Cyberjaya, Selangor, Malaysia, and copied by email to [email protected], unless another legal-notice address is expressly provided.

22. General Provisions

The following general provisions apply to the interpretation and operation of these Terms:

1. Assignment. You may not assign or transfer the agreement without our prior written consent. We may assign the agreement to an affiliate, successor or purchaser of the relevant business or assets, subject to applicable law.
2. Subcontractors. We may use affiliates, data centres, carriers, software vendors, registrars, payment processors and other subcontractors to provide the Services. We remain responsible for our obligations to the extent stated in the agreement and required by law.
3. No waiver. A failure or delay in enforcing a right does not waive that right. A waiver must be in writing and applies only to the specific circumstance for which it is given.
4. Severability. If a provision is held invalid, illegal or unenforceable, it will be modified to the minimum extent necessary or removed, and the remaining provisions will continue in effect.
5. No third-party beneficiaries. The agreement does not create rights for any person other than the parties and their permitted successors and assigns.
6. Entire agreement. The agreement constitutes the entire agreement concerning the Services and supersedes prior discussions, representations or agreements relating to the same subject matter, except for fraud or a written agreement expressly intended to remain in force.
7. Language. These Terms are written in English. Any translation is provided for convenience only. If there is a conflict, the English version prevails to the extent permitted by law.
8. Electronic acceptance. Electronic acceptance, online orders and electronic records have the same effect as written acceptance to the extent permitted by law.

23. Affiliate Programme

Participation in the GB Network Affiliate Programme is subject to these Terms and any programme-specific rules, rates or instructions published in the affiliate portal or otherwise provided by us.

1. No self-referrals. You must not use your own affiliate link or account to purchase Services for yourself, your organisation, an account under your control or another person acting on your behalf. We may reject or reverse any commission arising from a self-referral, duplicate account, fraudulent transaction or attempt to circumvent this rule.
2. Commission validation. A commission will remain pending for thirty (30) days after payment by the referred customer. It becomes eligible only after the payment has cleared and the transaction has not been cancelled, refunded, reversed, charged back or identified as fraudulent or otherwise ineligible.
3. Refunds and reversals. If a referred transaction is cancelled, refunded, reversed or charged back during the validation period, the related commission may be cancelled or deducted from the affiliate balance.
4. Payout requests. Valid payout requests will normally be processed within thirty (30) days after we receive the request and any information reasonably required to verify it.
5. Minimum payout and currency. The minimum affiliate payout is RM100. Affiliate commissions and payouts are calculated and paid in Malaysian Ringgit (MYR) only.
6. Compliance and taxes. Affiliates must use lawful and accurate promotional methods, must not make misleading claims or send unsolicited communications, and are responsible for any taxes, declarations or charges applicable to their commissions.

We may amend, suspend or discontinue the Affiliate Programme or its commission rates by publishing an update or providing reasonable notice where practicable. Changes will apply from the stated effective date. Validated commissions already earned before that date will not be affected, except where fraud, abuse, a refund, a chargeback or a breach of these Terms is involved.

24. Contact Information

GB Network Solutions Sdn. Bhd.
Company Registration No.: 201601029982 (1200923-H)
Registered Office: F-2-2, Block F, CBD Perdana 3, Jalan Perdana, Cyber 12, 63000 Cyberjaya, Selangor, Malaysia

Technical and General Support: [email protected]
Billing and Cancellation: [email protected]
Abuse and Security Reports: [email protected]

Questions regarding these Terms should be submitted through the GB Network Solutions Customer Portal or the appropriate contact above.

1. GB Network Solutions guarantees that the Service will be available for the Customer’s use (‘Service Availability’) as calculated within the billing period of a related annual subscription period (hereafter referred as “subscription year”), where the Service Availability (SA) is calculated using this formula:

SA% = {1 – ((X – M)/Y)} x 100

2. If GB Network Solutions fails to provide Service Availability more than or equal to 99.9% in a billing year, the Customer will receive a credit against the Charges. For each 1% below the guaranteed level, a 1% credit of the Charges will apply.

3. Outage Time is determined on a billing year basis on cumulative customer reported trouble tickets for outage that have been logged by the Customer with GB Network Solutions trouble ticket system. Outage Time commences as of the time the Customer shall log the trouble ticket with GB Network Solutions trouble ticket system and terminates at such time as the Customer is able to use the Service but will exclude time attributable to outages of the type described in the following section.

4. Exclusions. The Customer is not entitled to any credit under our Availability guarantee for the following types of outages:

1. Outages wholly attributable to Customer’s premises equipment (whether or not owned by Customer), or to local access facilities ordered directly by Customer;
2. Outages wholly attributable to any act or omission of the Customer, or any third party, controlled by the Customer, including but not limited to the Customer’s agents, contractors or vendors;
3. Outages due to Force Majeure;
4. Scheduled outage/maintenance and Unscheduled outage/maintenance as notified and agreed upon to by Customer;
5. Outages wholly attributable to the Customer’s negligence or willful misconduct, which may include the Customer’s failure to follow agreed-upon procedures; and
6. Outages wholly attributable to “Off-Net Circuits,” that is, circuits comprising a part of the Service that are provided by third-party suppliers where the circuits are either
   1. international circuits, or
   2. long-haul domestic circuits.