© 2019 by LGA Telecom Pte Ltd.

ADDENDUM

ADDENDUM TO STANDARD TERMS AND CONDITIONS 

Limitation to Liability
1. This Addendum contains clauses additional to the Standard Terms and Conditions, and shall be without prejudice to the rights and obligations contained therein. 

GENERAL

2. DUE TO THE NATURE OF INFORMATION TECHNOLOGY (IT), THE CLIENT UNDERSTANDS AND AGREES THAT NO TECHNOLOGY OR SERVICE PROVIDED CAN BE "BUG"-FREE OR DEFECT-FREE. THEREFORE, ALL PRODUCTS AND/OR SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NO WARRANTY, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AS TO THE CONDITION, QUALITY, PERFORMANCE, MERCHANTABILITY, DURABILITY OR FITNESS FOR PURPOSE OF ANY PRODUCT OR SERVICE IS GIVEN OR ASSUMED BY LGA AND ALL SUCH WARRANTIES, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

  1. The Client undertakes to procure from all its Users of the Service / Product provided an undertaking in writing to be bound by the limitations of liability contained herein. Failure by the Client to procure the same, or failure of the Client to prevent the use of the Service and/or Product by unauthorised users shall result in the Client being liable to indemnify LGA on an indemnity basis for all compensation, loss and damage suffered by LGA resulting therefrom (less the compensation LGA shall have been liable to pay out under clause 11 of the Standard Terms and Conditions had the Client abided by its obligations.

  2. Notwithstanding any other clause herein, in no event will LGA, be liable for any of the following:

    1. Damages for loss of data, or Software restoration;

    2. Damages relating to CLIENT's procurement of substitute products or services (i.e., "cost of cover"); or

    3. Indirect, incidental, special or consequential damages (including downtime, downtime costs or lost profits)

  3. Due to the nature of Information Technology (IT), LGA recommends the procurement of suitable insurance to cover such occurences, and the use of technology to limit any damage directly or indirectly caused by the use of the services and/or products provided under this Agreement.

  4. The Client agrees that the total aggregate liability of LGA in respect of all and any legal proceedings, claims or actions brought against LGA arising out of this Agreement, the liability of LGA shall be limited to the actual price paid by the Client to LGA. This clause shall not be apply in the event of personal injury or death.

  5. Without prejudice to the foregoing, in the event and notwithstanding that any of the terms here above in respect of limitation of liability be rendered void, illegal or unenforceable, the Client hereby expressly agrees that its sole remedy shall be the return of any monies forwarded to LGA. This clause shall not apply in the event of personal injury or death.

  6. Where some other form of remedy has been expressly provided by LGA to client in writing prior to the commencement of the provision of the Service(s) / Product(s), whether in the Sales Quotation or by the way of a Service Level Guarantee, those provisions shall supercede clause 2(e) herein ONLY in respect of the quantum of LGA's liability, and shall not ini any way prejudice any of the other clauses in this Addendum.

 

HOSTING / BANDWIDTH SERVICES 
3. The following provisions in this clause 3 shall apply to the provision of hosting, co-location, bandwidth, messaging (Email, SMS, Instant Messaging) and other services involving networks hosted by LGA, and those provisions shall apply in addition to clauses 1 and 2 hereabove.

 

  1. In respect of email services and SMS (short messaging service) services, neither LGA nor its Information Providers are responsible for any damages arising from Client's use of LGA Telecom Network or inability to use LGA Telecom Network. Due to the nature of the technology, there is no guarantee of message delivery. Email return receipts may be requested, but there is no guarantee that the recipient's mail system will process or even acknowledge these requests.

  2. LGA is not responsible for Customer's files residing on LGA Telecom Network. Client shall be responsible for independent backup of all such data at a site determined by customer. LGA cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet. Due to potential' threat of viral and other malignant attack(s), LGA highly recommends the practice of safer computing to protect against computer viruses. LGA is in no way responsible for any data loss or damage arising from viral or other infections from the Internet. Client undertakes browsing and downloading of Internet files at their own risk.

  3. Customer is hereby warned that some Internet sites accessible via LGA Telecom Network allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable and/or illegal. LGA is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such. It is recommended that each customer closely monitors use of his/her account especially in the case potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal with their explicit consent, and the parents and legal guardians shall be responsible to monitor and manage these accounts to prevent misuse.

  4. LGA Telecom Network services may be used only for lawful purposes. Hosting / Transmittal of any material by any means (whether by email, SMS, through the web-site or any other mode of communication involving LGA Telecom Network) in violation of any international or local regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret. The Client hereby expressly agress to indemnify and hold harmless LGA (aka LGA Pte Ltd, LGA Telecom Pte Ltd, LGA International Pte Ltd, lga.net.sg, lga.com.sg, lgatelecom.net, egen.com) from any claims directly resulting from the Client and/or any of its end-users' use of the service which damages the Client, its end-user or another party. Any access to other networks through the LGA Telecom Network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation and other paenalties. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited commercial email. LGA shall not be liable under any head of claim (including without limitation tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided.

  5. The services provided by LGA are limited to data transport and storage. These services are contracted with adults of legal age only, and shall be governed by the laws of Singapore. Any access of these services by minors, or by residents of Singapore or localities other than Singapore, is the responsibility of the service user and not LGA Telecom. All users are expected to abide by the laws of Singapore. Upon notification of violation of law, LGA may at its discretion immediately terminate the account without refund, without prejudice to any other remedies available to LGA).

PROFESSIONAL SERVICE

4. The following provisions in this clause 4 shall apply to the provision of system integration outsourced network services, managed services and other services involving products developed by third parties, and these provisions shall apply in addition to clauses 1 and 2 hereabove.

  1. LGA does not warrant Third Party Products (whether procured by LGA or Client). Where LGA has procured the Third Party Products on behalf of Client, LGA hereby assigns to Client ( for the duration of this Agreement) its rights under any warranties in respect of Third Party Products, copies of which will be supplied on request, and LGA will assist Client at Client's expense in enforcing Client's rights under such warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NO WARRANTY, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AS TO THE CONDITION, QUALITY, PERFORMANCE, MERCHANTABILITY, DURABILITY OR FITNESS FOR PURPOSE OF ANY THIRD PARTY PRODUCT IS GIVEN OR ASSUMED BY LGA AND ALL SUCH WARRANTIES, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

  2. Where LGA has provided the system integration services and/or other ancillary services, and where the Client has subsequently made any additions, modifications or otherwise interfered with the system without prior consulting with LGA and seeking its assistance, LGA shall not be liable for any damage (whether direct or indirect) whatsoever arising from the system. The Client shall also indemnify LGA on a full indemnity basis for the cost of labour and supplies needed to rectify and/or replace the system, and for all other ancillary costs and charges.

SECURITY SERVICES

5. The following provisions in this clause 5 shall apply to the provision of managed services such as virus detection, anti-spamming, intrusion detection, firewall and other similar security services provided by LGA, and these provisions shall apply in addition to clauses 1 and 2 hereabove.

  1. Due to the nature of Information Technology (IT), no anti-viral or similar service will be 100% effective against all IT threats, and the limitations on liability herein shall be in addition to any additional conditions and limitations LGA may impose in respect of such services.

  2. Client is again advised to take all sensible precautions to minimise cost and inconvenience in the event of an attack, such as maintaining firewalls, having separate hard disks for sensitive data and/or the operating system, and having a managed system of backing up critical information on a regular basis, as well as procuring the necessary insurances to cover such occurrences.

DNS HOSTING SERVICES

6. The following provisions in this clause 6 shall apply to the provision of DNS hosting services and this provision shall apply in addition to clauses 1 and 2 hereabove.

By subscribing and using LGA Telecom Pte Ltd’s DNS Hosting solution, you are agreeing to the terms of services provided below. From hereinafter, you will be referred to as “Subscriber”, LGA Telecom Pte. Ltd will be referred to as “Provider” and DNS Hosting solution will be referred to as “service”.

  1. General. The service is intended for the subscriber’s use only. Subscribers are not allowed to sublet, sublease, subhost or give away any portion of the resources to anyone else other that the subscriber. Example of the above includes, but is not limited to; creating sub- accounts for other people, hosting of multiple commercial or non-commercial domains which are not directly owned by the subscriber and etc. By doing any of the above, you agree that your account will be immediately terminated.

  2. Content. The service to be used for lawful purposes only. Hosting any domains or websites which are in violation of any local or international law is prohibited. Example of the above includes, but is not limited to; obscene or threatening materials, copyrighted materials, materials that may jeopardise national security, materials protected by trade secret or other laws and etc. The subscriber agrees to indemnify and hold harmless the provider, from any claims resulting from the subscriber’s use of the provider’s services which damages the subscriber or any other part. Examples of prohibited contents includes, but is not limited to; pirated Software, hacking sites, programs and archives, warez site, phishing site, distribution of music files or any other material in which the subscriber does not own the copyright, drug sites and sites engaging in or promoting behaviour that is defamatory, harassing, abusive or otherwise objectionable. The provider will be the sole arbiter as to what constitutes as a violation of the service. The provider reserves the right to terminate any account without notifying the subscriber if the policy is not met. The responsibility for ensuring compliance to illegal or unlawful activities rests primarily with the subscriber. The provider will not monitor its subscribers to ensure that they comply with this policy or any applicable laws. If the provider becomes aware of these activities, actions may be taken. The actions include, but is not limited to, suspending the account or terminating the account. From a security standpoint, the provider recommends all its subscribers to assume that all their online communications are inherently insecure and that steps should be taken to enforce the security of information transmitted. The provider cannot take any responsibility for the security of information transmitted using the provider’s service. To comply with public safety, court orders, subpoenas, summons, discovery requests, warrants, statutes, regulations or government requests, the provider may disclose information, including but not limited to, information concerning a subscriber, a transmission made using the provider’s network, or a domain hosted by the provider. The provider assumes no obligation to inform the subscriber that this information has been provided and, in some cases may be prohibited by law from giving such notice. The provider expects that its subscribers who provide Internet services to others have to comply fully with all applicable laws. A subscriber's failure to comply with any laws will violate the provider’s policy. In subscribing to this service provided by the provider, subscribers indemnify the provider for any violation of the service agreement, law, or provider policy, that results in loss to the provider or the bringing of any claim against the provider by any third-party. This means that if the provider is sued because of a subscriber's activity or customer of a subscriber's activity, the subscriber will pay any damages awarded against the provider, plus costs and reasonable attorneys' fees.

  3. Service Abuse. Any attempts to undermine or cause harm to the provider’s server or network, or other subscribers is strictly prohibited including but not limited to; logging into a server or account that you are not authorised to access, accessing data or taking any action to obtain services not intended for you or your use, attempting to probe, scan or test the vulnerability of any system, subsystem or network, tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorisation, transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System and interfering with, intercepting or expropriating any system, data or information. The subscriber will be held responsible for all actions performed by their own account whether it is done by them or by others. All subscribers must adhere to the above policies.

  4. Scheduled Maintenance and Downtime. The provider will use its commercially reasonably efforts to provide services 24 hours a day, 7 days a week. Subscribers acknowledge that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond the provider’s control or which are not reasonably foreseeable by the provider, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks (e.g. denial of service attacks), or network congestion or other failures. The provider will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its service. The provider has no responsibility for downtime resulting from a user's actions.

  5. Backup. All subscribers are urged to keep a local copy of all their records that are hosted on the provider’s service. The provider will not accept any liability for removed records, be it done accidentally or otherwise.

  6. Restoration. Upon request, the provider can assist the subscriber to restore their whole zone, to a previous date where each request will be chargeable. If the restoration request is more than twenty nine(29) days after the change, the provider will not guarantee that the removed record will be restored.

  7. Customer's Data. The provider will never use or sell existing customer data on our servers. The provider is not responsible for data loss or for data loss due to third party software that is not maintained and managed by them. Subscribers have the full responsibility for all files and data and are to maintain their own appropriate backup to safeguard their data. The provider is not responsible for the data residing on your account. The provider will not be liable for any data loss that are not within our control, such as in the events of hardware failure, time difference between backed up data and point in time of failure.

  8. Courtesy Services for Subscribers. All services such as backup and cPanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. The provider is not responsible for lost data or for lost data due to third party software that is not maintained by their programming staff. (cPanel is not associated with the provider)