General Terms of Service
The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website and all services, features and/or content provided by Byakta (“Byakta” "us,", "our" ). Byakta is the trade name of PT. Byakta Digital Ekosistem. By purchasing one or more Services from Byakta you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the Byakta website. It is essential that you read this TOS prior to purchasing any Service from Byakta.
Term 1 Service Activation
1.1. Valid Information Required
You have a responsibility to provide accurate, current & complete information on registration forms. Byakta has the right to not activate services if the information provided on the registration form has been proven invalid. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. You will be solely responsible for the security of your login credentials.
1.2. Fee & Payment
- Every service of Byakta has been charged Value Added Tax (VAT) 10%. Any applicable taxes will be added to Byakta invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated
- The current administrative fee and payment method are listed on the invoice. Unless a specific agreement for use of the Service exists between Byakta and you, you acknowledge and agree to pay the fee for the respective Service indicated on our website at the time you submit your Order. Byakta reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply to you as of your next purchase or renewal.
- You acknowledge and agree that PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and in such event, neither PayPal nor Byakta shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Byakta may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
1.3. Change of Ownership
Byakta will transfer ownership of services when there is a request from the current registered email (with any proven & valid document). Byakta has the right to refuse any request without giving a reason. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about the ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
1.4. Service Active Period
The Active service period is based on the billing cycle selected when payment is done. Byakta will send an invoice to the current registered email. For domains that have passed the Active period will be redirected to suspended pages. All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Byakta may suspend or terminate your account and pursue the collection costs incurred by Byakta, including without limitation, any arbitration, and legal fees, and reasonable attorneys fees
1.5. Customer Support
Byakta provides billing & technical support via ticket or emails 7x24 hours. Support via hotline only available from 8:00 to 16:00 (GMT + 7). Byakta provides customer support, except:
- Update script website, include update htaccess, plugin installation, themes, and any activity related to CMS
- Fix error script or missing file on the website
- Update PHP version
- Setting DNS on domain or services on another provider
Term 2 Service Level Agreement
2.1. Cloud Hosting
The main function of Cloud Hosting is as Web Hosting, in other words, services that guarantee on Cloud Hosting is web hosting service. Byakta will still provide service for other features.
Especially for Cloud Hosting with unlimited space, it has a limitation inode up to 75.000. Any usage of more than 75.000 inodes on each account, can potentially degrade server performance. For account hosting that userspace is more than 10 GB, the backup system will deactivate automatically. Every file ( web page, image file, email, etc ) on account hosting will be counted as 1 inode. Byakta has no right to suspend accounts, that usage is more than the inode limit.
Byakta has deactivated some ports of the network for better security. Byakta also disables some PHP functions like mail, symlink, shell_exec, exec, proc_close, proc_open, popen, system, dl, pass thru, escapeshellarg, escapeshellcmd.
2.2. Customer Content
You acknowledge and agree that your use of services and any content uploaded/stored/published/displayed through services are in compliance with all applicable laws, including where the service or content store, accessed, or used. Byakta only provides service and not responsible for every content inside it. therefore Byakta apart from all forms of lawsuits that apply to customer content. Byakta prohibits some content, like :
-
- IRC Scripts / Bots
- IRC Scripts / Bots
- Proxy Scripts / Anonymizers
- AutoSurf / PTC / PTS / PPC sites
- IP Scanners
- Bruteforce Programs / Scripts / Applications
- Mail Bombers / Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump / Mirror Scripts / File Sharing
- Streaming Audio / Video commercial
- Obligation
- High-Yield Interest Programs (HYIP) or any related services
- FOREX, Exchange, Second Life/Linden Exchange, Ponzi, Pyramid Scheme
- MUDs / RPGs / PBBGs
- Website with content Hacker / archives / programs
- Sites promoting illegal activities
- Bank Debentures / Bank Debenture Trading Programs
- Fraud / Phishing (include, but not limited as listed on aa419.org & escrow-fraud.com)
- Push Button Mail Scripts
- Tell A Friend Scripts
- Anonymous / Bulk SMS Gateways
- Bitcoin Miners
- PayDay Loan Sites (include PayDay loans, PayDay loan affiliate programs, etc)
- Free services
- Selling pirated / counterfeit with fake brand
- Crawl Script
2.3. Resource Usage
Cloud shared hosting has some prohibit activity like :
-
- Use 25% or more of system resources for 90 seconds. Cause like: CGI script, FTP, PHP, HTTP, etc
- Running process without supervision. Include all of the daemon (IRCD, etc)
- Running web spider or indexer (include Google Cash / AdSpy)
- Running software that connected to IRC network (Internet Relay Chat)
- Running application or tracker for bit torrent. You only permit to provide a link to the official torrent website, but not allowed to be a host or keep file on Byakta server
- To participate / connect to file-sharing activity / peer-to-peer.
- Running game server (counter-strike, half-life, battlefield1942, etc)
- Running cron jobs with intervals of less than 15 minutes.
- Create free service to the public
- Execute MySQL query for more than 15 seconds. Byakta recommend to indexing each table on your databases
- Use function includes on PHP to execute file in local directory. For example, don’t use include ("http://yourdomain.com/include.php"), Our recommendation is to use include ( "include.php" ) to speed up your hosting access
- Don’t force Html code (client-side code) to handle a server command (server side code) ( like php or SHTML )
- Running video and audio streaming.
- Use outdated CMS that has the potential to be hacked. Byakta has a right to force update CMS version to increase security
- Use outdated PHP version (recommend from PHP.net) that has potentially cause a security hole
Byakta has the right to suspend any services that have identified as doing one of the activities above.
2.4 Content Violation
Byakta has the right to modify content to stoping violation activities without the permission of the service's owner, which is then accompanied by email notification to the customer.
2.5. Over Space
Space usage may not exceed the hosting package limit. Suspend notification will be sent within 5 days from suspend action being processed.
2.6. Domain
Byakta has collaborated with a third party to provide domain services. Every domain on Byakta in FULL CONTROL. Byakta has the right to refuse any support for domain that identified as fraud. This point can become invalid when the domain is purchased from the promo that has a specific rule.
Term 3 Renewal, Upgrade & Downgrade
Term 3 Renewal, Upgrade & Downgrade
3.1. Renewal
You agree to pay any fee in accordance with the registration form at the beginning. The payment method is based on ToS 1.2. You must complete payment on time. If within 14 days from the due date, payment has not been made, then services are being terminated without any notification.
Byakta sends invoice only via email, if an invoice can’t reach or was not read, then you still have the obligation and Byakta has the right to any action as mention before. Free domain for some services can be canceled when the domain services have changed or packaged change. The free domain can be claimed via chat or ticket.
3.2. Service Termination
Byakta has a termination system, so all of the termination processes has been done automatically. Byakta needs an official request to cancel service, no later than 8 days before service ends. If you don’t write a request, you will be charged a full subscription fee. Your data will be terminated for security and privacy reasons, unless necessary for legal action.
3.3. Upgrade & Downgrade
You can upgrade anytime as long as your services are active. Byakta doesn’t provide a downgrade. If you want to downgrade your package, the only way to do is to buy a new service without getting a reduction fee and any support to data migration.
Term 4 Back-Up & Restore Data
4.1. Data Backup
Byakta provides data backup daily, weekly, and monthly. Byakta still recommends to you have a personal data backup for your own security. For account hosting that uses space more than 10GB or have inode more than 75.000, Byakta not provide data backup anymore and not responsible for any data/content loss, like hacked website, malware, miss data deletion, etc.
4.2. Data Restore
Byakta provides restore data (using a backup file) with the full backup method. Data restore caused by the termination of late payment, has an additional fee. Byakta not responsible for files missing or corruption when the restore process can’t bring backfile/data. Byakta can restore the backup when you have request restore from the ticket.
Term 5 Uptime Guarantee
5.1. Uptime Guarantee
Byakta provides a guarantee 100% network and service server uptime. Server malfunction, attack, hacker, flooding, server reboot, preventive maintenance, software upgrade not be count as uptime guarantee.
5.2. Security System
Byakta provides a guarantee on the Hosting server system. Include on a Website data file, database, and email as long as not caused by you. Like here is :
- Access authorization stolen (hosting account and all of the facilities like CPANEL, email, dan billing) due to weakness security of devices (PC, notebook, smartphone, tablet, etc.), include (but not limited) caused by worm, virus, keylogger, etc.
- Has a file or directory with permission all read-write (777).
- Has a script that is high risk or generally known as bug. (mode 777).
- Abnormal use (abuse) service that causing interruption/security hole
5.3. Claim Guarantee
You can claim for guaranteed maximum of 7 days after downtime occurs. You must complete proven data (ping/traceroute) to claim a guarantee of uptime server/network. Byakta can refuse claim when downtime caused by other parties that are outside the responsibility of Byakta and are not limited to it :
- Network interruption on your ISP/device.
- Force majeure.
- The interruption caused by other parties that are not related to Byakta.
- Abnormal use (Abuse).
Byakta provides compensation with details, below :
- 2 (two) x daily cost x downtime
- 1 (one) downtime = 0 - 24 hours interruption, out of the uptime guarantee according to SLA and according to the downtime report from support.
Claim guarantee only applicable to hosting services.
Term 6 Money-Back Guarantee
6.1. Claim Money-Back Guarantee
Byakta provides a money-back guarantee for 30 days via ticket.
6.2. Void Guarantee
Money-Back Guarantee is void when :
- You do a refund.
- You are violating this TOS.
- You have already use bandwidth more than 10GB
- You have made payment for the second invoice
- You have done a refund before.
When the refund is approved, Byakta will terminate your service as soon as possible.
Term 7 Violation & Penalty
Byakta will suspend & send a warning email to customers that identified committing violation or abuse. If the same violation still occurs after being warned, the account will be subject to permanent termination.
Term 8 Force Majeur
Force majeure is a state that is beyond ability. For example natural disasters, floods, storms, which are declared by the Government as natural disasters, riots, fires, sabotage, warfare, epidemics, and compliance with the implementation of legislation Excluding force majeure, matters caused by negligence, negligence, carelessness, and/or non-compliance with the implementation of regulations
If Byakta experiences force majeure, Byakta will notify via registered member email or via Announcement on the member area page immediately after experiencing force majeure no later than 7 (seven) days after the force majeure occurs by providing an explanation and an estimate of the resumption of implementation provisions of the Agreement.
Term 9 Regulatory Compliance
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization's location regarding User Content, User Websites, online activities, email, and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from Singapore or the country in which you reside. The Services are controlled and operated by us from our offices within Indonesia (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and Byakta makes no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller
subject to the GDPR.
Term 10 Adendum
10.1. Term of Service Change
Byakta has the right to change the Term of Service neither in part or whole without prior notice.
10.2. Disclaimer
For any reason, Byakta is not responsible for all direct or indirect losses, incidental or other similar losses for losses due to loss of income or tangible benefits that are expected by you or other parties' demands due to the interruption of services from Byakta.
10.3. Support Legal Institution
Byakta has the right to support authorized legal institutions by providing necessary information if there is a request based on a law from the authorized legal institution without prior notification to JagFamily.
10.4. Closing
Thus the rules and conditions of this service are made in order to create cooperation and good relations between Byakta and you. Thank you for using the services of Byakta.