使用條款
TERMS & CONDITIONS
DEFINITIONS
daPyxis : daPyxis Network Limited of Room C2, 11/F, Tak Wing Industrial Building, No.3 Tsun Wen Road, Tuen Mun, N.T.
The Customer : Any company or person who has requested to use the Services provided by daPyxis.
Agreement : Any agreement between the parties which expressly or impliedly incorporates these Terms and Conditions as the context demands.
Fees : Installation fee, monthly fee and other charges in respect of the Services published from time to time by daPyxis.
Services : Services as described in the Agreement, virtual web hosting, dedicated server hosting, server co-location, hardware supply, and services which offered by daPyxis as the context requires.
AUP : Acceptable Use Policy.
  1. In consideration for payment of the Fees, daPyxis agrees to provide the services to the customer. The Customer shall pay the fees and all applicable taxes and tariffs relating to its use of the Services. daPyxis will invoice the customer by electronic mail, post or facsimile transmission. Payment is due at presentation for the full invoiced amount. If the customer does not pay before the invoice due date,daPyxis reserves the right, in its sole, absolute and unfettered discretion, to terminate this agreement and discontinue service to the Customer after 7 days without further notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.

  2. The customer is responsible for and must provide all equipment necessary to access the services and must comply at all times with daPyxis's requirements as regards mode of access and/or use of the services. The customer also agrees to abide by (1) generally accepted the AUP and (2) the Agreement.

  3. The Customer shall be entirely responsible for all use of the Services and agrees to indemnify daPyxis against all and any liability arising, directly or indirectly, and in any jurisdiction, out of the use of the Services. The Customer agrees to abide by all applicable laws (whether of Hong Kong or of any relevant jurisdiction) relating to the use of the Services, in particular, but without limitation, the Customer shall not access or publish any matter which violates any laws (whether of Hong Kong or of any relevant jurisdiction) and warrants that its use of the Services does and shall not, directly or indirectly, infringe any third party's intellectual property rights in any jurisdiction.

  4. The Customer expressly agrees that the use of the Services is at the Customer's sole risk and that the entire risk as to the quality and performance of the Services is with the Customer. Neither daPyxis nor any or its directors, employees or agents warrant that the Services will be uninterrupted or error free, or give any warranty as to the results to be obtained from use of the Services. In no event will daPyxis or its directors, employees or agents be liable to the Customer for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to use (for whatever reason), the Services, including but not limited to damages resulting from loss of data or loss of profits but not including death or personal injury due to the negligence of daPyxis, its directors, employees or agents.

  5. Any Internet Protocol address(es) allocated by daPyxis to the Customer, remain(s) the property of daPyxis. The Customer undertakes not to advertise, or otherwise to broadcast, such address(es) upon termination of the Services or the Agreement, nor to use the word "daPyxis" in any way as a business or company name or trade mark.

  6. If the Customer is in breach of any of the terms of the Agreement, daPyxis may, at its sole discretion, either suspend the Customer's access to and use of any of the Services until such breach is remedied or terminate the Agreement and the Customer's access to and use of any of the Services. Reinstatement will be at the sole option of daPyxis and upon such terms and conditions as it shall determine.

  7. If any provision of this Agreement is found to be invalid the other provisions shall remain in full force and effect. All obligations and restrictions on the Customer under this Agreement will survive the termination of this Agreement and/or the termination of the provision of any of the Services. No waiver by either party of a breach of any provision of this Agreement, non delay or omission to exercise any right, shall constitute a waiver of any other breach or default by the other party.

  8. Unless othe rwise agreed in writing and signed by both parties, this Agreement constitutes the entire agreement between the parties. This Agreement is governed by the laws of Hong Kong and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.