SEMTEK Service Agreement

1. Term
The agreement begins on the date SEMTEK sends an email confirming account activation (the “Service Commencement Date”). The service term may be monthly or annually, as selected by the customer. It renews automatically unless SEMTEK or the customer provides written notice of non-renewal at least one (1) day before the term’s end. This applies to both the initial and renewal terms, collectively referred to as the “Term.”

2. Cancellation & Refunds
SEMTEK may cancel any service at any time. Customers will receive a prorated refund for the remaining service period. No refund is issued if the cancellation results from a breach of SEMTEK’s terms. Prepaid fees, including monthly and yearly services, are non-refundable. Customers must submit cancellations at least 24 hours before the next billing date. Non-payment may lead to service suspension and collection agency involvement. Cancellations can only be made through the billing system.

3. Content Restrictions
SEMTEK prohibits using its services for illegal activities, including hosting copyrighted material or illegal content under Vietnamese law. Violations may lead to suspension or termination. Certain content types are not allowed on shared hosting, such as file hosting, proxy services, or scripts that run continuously. The client is responsible for all files on their site, including those from compromised scripts.

4. Payments
Fees are payable in advance, and the billing cycle can be hourly, monthly, or annually, starting on the service commencement date. SEMTEK may require the first cycle payment before starting the service. Payments can be made using different methods as agreed upon. Overdue payments may incur interest, and services may be suspended if payments are not made.

4.1 Fee Increases
SEMTEK may increase service fees effective from the first day of a renewal term, giving notice 45 days prior. If no non-renewal notice is given, the new fee is accepted for the renewal term.

4.2 Early Termination
If services are terminated due to a breach by the customer, all unpaid fees for the remaining billing cycles are immediately due.

5. Law / AUP
Customers must comply with Vietnamese laws and SEMTEK’s Acceptable Use Policy, which can be updated as needed. Amendments are effective upon notice or at the start of a new term. SEMTEK’s interpretation of the AUP is final.

6. Customer Information
Customers must provide accurate information to SEMTEK for account maintenance. Changes to account details must be submitted in writing.

7. Indemnification
Customers agree to indemnify SEMTEK and its affiliates against any claims arising from the use of services in violation of law or the AUP.

8. Disclaimer of Warranties
SEMTEK does not guarantee uninterrupted or error-free service. All services are provided “as is” without warranties.

9. Limitation of Damages
Neither party is liable for indirect or consequential damages. SEMTEK’s maximum liability is limited to three months of service fees.

10. Suspension/Termination
10.1 Suspension of Service
SEMTEK may suspend services without notice for AUP violations or non-cooperation in investigations.

10.2 Termination of Service
The agreement may be terminated by either party with notice as stipulated for breaches or insolvency.

11. Request for Customer Information
SEMTEK may report suspected illegal activities and provide necessary information to authorities.

12. Backup Policy
Customers are responsible for maintaining their content backups.

13. Abusive Behavior
Abusive behavior towards SEMTEK staff may result in service suspension and termination.

14. Spam/Mass Email Policy
The use of services for unsolicited emails is prohibited. Violations result in immediate suspension.

15. Disputes/Chargebacks
Disputes lead to service suspension and potential forfeiture of services and payments.

16. Affiliates
SEMTEK offers an affiliate program with specific terms regarding payouts and commissions.

17. Changes to SEMTEK’s Network
Network upgrades may affect hosted content. SEMTEK is not liable for such changes.

18. Force Majeure
SEMTEK is not liable for failure to perform due to events beyond its control, such as natural disasters or strikes.

19. Governing Law/Disputes
The agreement is governed by Vietnamese law. Disputes are subject to local jurisdiction.

20. Miscellaneous
Ownership rights, independent contractor status, and amendment clauses are included, ensuring no third-party beneficiaries.

21. Giveaways and Contests
General rules apply regarding cancellation rights, shipping, and winner notifications. Prizes are non-transferable and subject to availability.

Last Edited: 2nd April, 2021