Now Connecting Asia

KDATACENTER's Terms and Conditions

Please read and understand our policies as they are to protect the best interest of our customers as a

whole.

1. Terms and Conditions

The terms regulate the conditions and procedures for the provision of services provided by

KDATACENTER to the User of the services. And terms of Service regulate the rights and

commitments of both KDATACENTER and the User.

1) General Terms and Conditions

(1) KDATACENTER's Rights and Responsibilities

The KDATACENTER does not guarantee that its services, personnel, or anything affiliated with

KDATACENTER is completely without fault and will not cause unintentional damages.

KDATACENTER does not take responsibility to cover any damages caused by possible downtime of

any service. And KDATACENTER does not take responsibility for any service maintenance or delivery

delays due to which were produced by third party services or other actions directly not controllable by

KDATACENTER. In cases where delivery is postponed due to external causes the customer has the

right to request the next payment date to be moved accordingly. And KDATACENTER reserves the

right to demand upgrade of any service in case when KDATACENTER deem for it to be necessary.

This is done to ensure the stability of the service and the rights to equal performance for any

neighboring service user.

(2) User's Rights and Responsibilities

The User agrees with the Terms of Service. If not in compliance with Terms of Service, the User

agrees not to use any of the services provided by KDATACENTER. No abusive act or omission may

be justified by involvement of third parties. The User is always held liable for any actions carried out

using resources bought or leased for temporary use.

(3) User's Non-Compliance

In case of User's non-compliance with Terms of Service, KDATACENTER will act under the sole

discretion in order to restore compliance. If any illegal activities occur of which KDATACENTER is

aware of, KDATACENTER will contact appropriate legal authorities.

2) Conclusion of contract

Contract is completed via below process. Payment of the User means agreement of the term and

condition. The confirmed payment by KDATACENTER means conclusion of contract. Payment

methods are available such as paypal, alipay, credit card, bitcoin etc.

Process of payment: (1) Login -> (2) Inquiry -> (3) Invoice -> (4) Payment

If necessary after payment is completed, KDATACENTER may require you

to submit separate written application and or Documents of proof (business license or ID).

3) Payment Verification

The User has to inform correct personal information, such as email address, to KDATACENTER

when registering in www.kdatacenter.com. Wrong personal information can make a service

suspended and the suspended service can be restored by corrected personal information. Refund for

the suspended service because of the wrong information is not permitted. KDATACENTER will send

some notice to the User`s email address that the User input to www.kdatacenter.com when

registering. But If the notice, that will be sent 3 times, is not replied within seven [7] days, the service

is suspended. Then, if there is no reply within three [3] days, the service is terminated and all data is

deleted. Backup has to be done by the User. KDATACENTER does not take any responsibility of loss

of the data.

4) Suspension, Cancellation and Refunds

(1) Suspension

KDATACENTER reserves the right to suspend the service without notification in the following cases.

The service can be restored if below case is resolved.

- Non-payment until payment due date

- Causing network failure due to DDoS attack or due to poor management of server.

- Using the service for providing illegal services.

The suspended services can be restored in the following cases:

- Solved payment.

- Upgrading to a service with an option that allows DDoS attack.

- Confirmed, by staff of KDATACENTER, that causes of the network failure is terminated.

Unless the suspended service is resolved within seven [7] days, the service will be terminated. Then

IP and DATA will be deleted and cannot be restored.

(2) Limitation

A. In case of service type is a limited bandwidth when the server reaches

110% usage a rate limit will be applied, traffic of the User can be

suspended if its bandwidth limit is exceeded and reaches 120% usage.

In order to restore the suspended traffic, the service type has to be

upgraded by adding additional bandwidth or higher grade services. Then, the start date of the upper bandwidth or

service will be the new start date instead of previous service start date.

B. Traffic of the User can be limited if too much network traffic seems like to affect other services.

C. If large amount of traffic attacks occur from a particular country, KDATACENTER can limit inflow

of traffic from the particular country.

(3) Refunds

A. Servers

Any Application for refund is allowed within three [3] days from the activation date (Activation date counts as 1 day)

nonetheless if refund is requested after the 3 days then the amount of traffic used is calculated

and deducted along with the installation fee (VPS: $5 / Dedicated Server: $45)

On refunding by KDATACENTER, the service is immediately terminated

and all data is deleted. Backup has to be done by the User.

KDATACENTER does not take responsibility for any loss of data in the server.

Requesting refund from Account Credit is non-refundable unless otherwise specified.

Annual VPS can be refunded within 30 days of payment and will be pro-rated after the deduction of installation fee, and the amount of service days used

Annual VPS can only be refunded to the customers account credit if it has passed 30 days of service use

Annual Dedicated Servers can be refunded within 5 days after payment date and the installation fee will be deducted at that time.

If the 5 days has elapsed then there will be no refund permitted.

B. CDN Service

Any Application for refund is allowed within three [3] days from the activation date (Activation date counts as 1 day)

Refunding of CDN services will be charged a ($50 installation fee)

C. DDoS Protection

a) Refund for any DDoS Protection services is not allowed under any circumstances. However with the exception of the following two procedures

1) If requested within one (1) day after activation then refund is possible

2) If requested after two (2) days after activation it can only be moved to your Kdatacenter account credit.

b) When refund for DDoS service is requested there is a ($50) installation fee and any service charges that may have occurred will be deducted from the refund amount.

D. Addons

Refunds requested for addon services will be treated the same as Server Services,

any request for addon refund past the allowed time will be credited

to the customers account credit.

This does not include DDoS addons in which case DDoS addon refund is not allowed

and can only be moved to account credit.

(4) Cancellations

KDADACENTER requires a seven (7) days notice of cancellation prior to the billing renewal date for

the upcoming billing cycle. And cancellation is required to be submitted via ticket system. All data will

be terminated and deleted immediately after cancellation. Backup has to be done by the User.

KDATACENTER does not take responsibility for any loss of data in the server.

5) Support

KDATACENTER provides hardware support related to each direct User's service functioning.

KDATACENTER does not offer software support of any kind. KDATACENTER does not provide any

software support/troubleshooting for the software that is chosen from the order form. KDATACENTER

only ensures the correct default installation of any software item chosen from the order form, and in

no way assumes liability for the configuration of any of the installed software. KDATACENTER is not

responsible for any downtime associated with the incorrect configuration of operating system kernels

or any software, whether installed by KDATACENTER or the User. KDATACENTER may provide

enhanced software support (including kernel configuration) for an additional fee. For enhanced

support fee, the User can contact to sales team of KDATACENTER.

Each User is eligible for one [1] complimentary operating system(OS) reload per a billing cycle. For

additional OS reload fee, the User can contact to sales team of KDATACENTER. Installing some

software, that is not supported by KDATACENTER, has to be approved by KDATACENTER in

advance surely. For the installation fee, the User can contact to sales team of KDATACENTER.

KDATACENTER does not provide any type of support to users of the User (third party Users).

KDATACENTER will only provide support directly to the User of KDATACENTER.

6) Legal violation

KDATACENTER may monitor your account service and the conduct in which your account is used (but at no point are responsible to do so) to determine whether you and all Users are complying with this agreement.

KDATACENTER reserves the right to suspend your account, or terminate your account with immediate effect without notice, if:

A. We believe that your use of the Service may be in breach of any law;

B. We believe that you or a User has committed a breach of this agreement;

C. We believe that your use of the Service may compromise or have an adverse effect on our systems or networks, or the Service Provider's systems or networks; or the Service Provider suspends or terminates your account.

D. If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.

You agree that you will have no claim against the Service Provider or KDATACENTER in respect of any action reasonably taken by us or the Service Provider under this terms, and you indemnify the Service Provider and KDATACENTER against any claim by a User arising out of the same.

7) Disclaimer

KDATACENTER shall not be responsible for any damages your business may suffer.

KDATACENTER makes no warranties of any kind, expressed or implied for services we provide.

KDATACENTER disclaims any warranty or merchantability or fitness for a particular purpose.

This includes loss of data resulting from delays, no deliveries, wrong delivery,

and any and all service interruptions caused by KDATACENTER and its employees.

8) Choice of Law and Location for Resolving Disputes

The User agrees that the laws of the Republic of KOREA govern this contract and any claim or

dispute that the user may have against KDATACENTER or suppliers of KDATACENTER, without

regard to the conflict of laws. The User further agrees that any disputes or claims that the user may

have against KDATACENTER or suppliers of KDATACENTER will be resolved exclusively by a court

located in the Republic of KOREA.