The provision of Services between HK Platform Communications Limited (“HK Platform”) and the Customer is effective upon the acceptance by HK Platform of the Application (either by the commencement of the provision of the Services to the Customer, by HK Platform taking any action in connection with or in preparation for (whether or not to the knowledge of the Customer) the provision of the Services or by other means as determined by HK Platform and notified to the Customer from time to time). All customers agree to comply with the Terms and Conditions set out herein below and all supplementary terms set out on the website https://www.hkplatform.com.
Services must be used for Lawful Purposes
All Services provided by HK Platform may be used for lawful purposes only. Use of our Services in any manner in violation of the Hong Kong Special Administrative Region (Hong Kong) law, rule or regulation is prohibited.
Spamming and Harmful Activities
Our Services may not be used as the source, intermediary, or destination address involved in the transmission of spam, flames, mail bombs, hacking, spoofing, or any similar activity. We consider spam any mass unsolicited messages or similar activity.
If your email address is often reported by recipients as “Spam” (or equivalent), that email address might be blocked from sending out emails. If this occurs unintentionally, you will need to negotiate with us to unblock outbound email.
Spam found to be intentional may result in the spammer being reported to FraudRecord.com. Additionally, intentional unsolicited marketing emails will be billed at a rate of $8 per email.
You may not use our Services for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. If we believe that you have violated this rule, we have the right to immediately, without notice, terminate your service until we have acceptable assurance that you will abide by this rule. We similarly have the right to refuse or terminate service to you if we suspect that you will violate this policy.
Damaging IP Reputation
Measures are taken to protect the reputation of our email IP addresses. The following activities will damage the IP reputation and are prohibited:
- Deceptive use of emails
- Spoofing senders
- Sending SMS via email
- Sending marketing emails
- Repeatedly sending emails to invalid/unrouteable recipients
If your email behavior consistently harms the reputation of our IP addresses, we reserve the right to immediately, without notice, terminate your service.
Email Sending Limits
Each email account will be limited to 300 outbound emails per hour unless a prior agreement has been reached. You may not create additional email accounts for the sole purpose of extending that limit.
Contact Information
You shall provide us with true and correct contact information, shall correct any inaccurate information and assist us, from time to time, in verifying the accuracy of such information.
Payment Policies
You shall pay, on a pre-paid basis only, for the particular program you select according to our then-published rate. If you fail to pre-pay, we will terminate your service at the end of your pre-paid period. You may choose the period to pre-pay. Although you may cancel your account at any time by giving us written notice of cancellation, there is no refund of any prepaid amounts. Please also notice that there is no refund of the pre-paid amount on account downgrade cases. All payment/service fees are non-refundable. All payments are to be made in HKD. In the event you violate any of our above-provided policies or you fail to timely pay us, your service will be terminated.
Service Cancellation
To make a cancellation request, you will need to inform us by written notice at least 7 days before the expiry date.
Violations
In addition to the service terminations specifically herein provided, we reserve the right in our sole discretion to refuse or terminate service to you at any time. We may, but need not, give you notice of such termination or of a suspected violation of any of our policies. Such notice may, but need not, contain such warning, suspension or possible account terminations as we from time to time in our sole discretion determine advisable. We also reserve the right to remove materials from your website at any time if we determine in our sole discretion that such content or materials violate our policies or this service agreement. Your pre-payment of your accounts that is terminated due to our determination of a violation of one or more of our policies will not be refunded. You agree to pay to us our costs, including reasonable attorney fees, incurred as a result of our investigation and/or defense of any third party claiming that your website violates or infringes on their rights. We have the right to require pre-payment of such fees. We are, however, under no obligation to conduct any investigation and may, if we choose, terminate your service upon receipt of such third-party claim or upon our own action. In the event of a termination of services, your files and data stored on our server will be deleted after such termination.
Terms of Storage and Data Transfer
Storage and data transfer limits for our hosting plans are listed in the service description. Any client who exceeds this limit will be notified by HK Platform to resolve the situation and be given options for upgrading the account.
Data Backup
Although we have a backup service to generate periodical backups, we cannot guarantee the accuracy of the backup files. HK Platform reserves the right to delete any associated backups. HK Platform shall use reasonable skill and due care in providing the Service, but HK PLATFORM DOES NOT GUARANTEE OR WARRANT THAT THE BACKUP SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND HK PLATFORM WILL NOT BE RESPONSIBLE FOR DAMAGE, CORRUPTION, DATA LOSS, OR REMOVAL OCCUR included account cancellation and/or server malfunctions. No remedy will be provided to the client in any case of data loss. It is your responsibility to maintain appropriate alternate backup of your information and data.
Third-Party Services
HK Platform may provide Services via third-party vendors or contractors and reserves the right to change or modify the source of any Services provided to you without notice.
Indemnification
You agree and promise to defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our clients, our officers and our employees, that may arise, result, or be threatened as a result of your actions, property or services sold or licensed by you, or the actions of your employees, agents or assigns, including, but not limited to (1) any injury to person or property caused by any products sold or distributed in association with our services; (2) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (3) your copyright infringement; (4) any defective products sold by you that are connected to our servers or services (5) investigation of any alleged violations of our policies.
Force Majeure
Except for the obligation to pay monies due and owing, HK Platform is not liable for any delay or failure in performance due to events outside the party’s reasonable control, including third-party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers.
Disclaimer
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOU OR YOUR BUSINESS AS A RESULT OF OUR ACTION OR FAILURE TO ACT. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES WE PROVIDE. WE DISCLAIM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF SUCH SERVICES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS YOU MAY SUFFER WHETHER OR NOT CAUSED BY US OR OUR EMPLOYEES OR VENDORS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO SUCH DAMAGES.
Amendments
HK Platform may update, amend, modify or supplement the terms and conditions of this Agreement from time to time without notice. The latest terms and conditions can be obtained on the website https://www.hkplatform.com.
Governing Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (Hong Kong). The parties submit any difference or disputes arising in connection with the Agreement to the non-exclusive jurisdiction of the courts of Hong Kong.
Last updated: 31/05/2024