Terms and Conditions

1. Who we are

PaduHost is a trading name of TechXMobile Solutions, a sole proprietorship registered in Malaysia.

• Registered nameTechXMobile Solutions
• Registration number202403158880 (JM1008107-K)
• Business addressSelangor, Malaysia
• Emailadmin@paduhost.com
• Telephone(+60)18 588 6878

2. Definitions

"We", "us" and "our" mean TechXMobile Solutions. "You" and "your" mean the person or organisation holding an account with us. "Services" means the hosting, domain and related services you order. "Account" means your client account and the services within it. "Your clients" means the people and organisations you provide hosting to under a reseller hosting plan.

3. Acceptance

By placing an order, using the Services or accessing the client area, you agree to these terms together with the Acceptable Use Policy, Fair Use and Backup Policy, Service Level Agreement, Refund Policy and Privacy Policy. Together these form the whole agreement between us. Where a conflict arises, these Terms and Conditions take precedence.

4. Eligibility

You must be at least 18 years old and legally able to enter into a contract. If you order on behalf of an organisation, you confirm that you are authorised to bind it.

5. Your account

You are responsible for keeping your account credentials and control panel password secure, and for all activity carried out under your account, whether or not you authorised it. Tell us immediately at admin@paduhost.com if you believe your account has been accessed without your permission.

You must keep your contact details and billing email current. Notices we send to the email address on your account are treated as received.

6. The Services

We provide website and email hosting on shared servers, with the resources set out in your chosen plan. There are four kinds of hosting plan:

• Web Hosting plans use the DirectAdmin control panel. They are hosted in Malaysia, or in Singapore if you select that location when ordering.
• Budget hosting plans use the Enhance control panel and are hosted in Malaysia. They have smaller allowances than Web Hosting plans, backups are kept for a shorter time, website migration is not included and they are billed by the year only.
• Reseller hosting plans use the DirectAdmin control panel and are hosted in Malaysia. They let you create hosting accounts for your own clients. The Reseller hosting section below applies to them as well as the rest of these terms.
• Email hosting plans use the DirectAdmin control panel and are hosted in Malaysia. They provide mailboxes at your own domain and are for email only. A website needs a Web Hosting plan.

Unless a section says otherwise, these terms apply to all four. Plan specifications are published on our website and may be improved from time to time. We will not reduce the resources allocated to an active service during a paid term.

If you move from a budget hosting plan to a Web Hosting plan, your site moves to a different server and control panel, and your login details and server address change.

We check the first order on a new account by hand before the hosting is set up, usually within one working day. Later orders are set up automatically after payment clears, usually within minutes. Domain registrations and paid SSL certificates are completed once the registry or the certificate authority has processed them, which can take longer. We may also check a later order by hand where fraud indicators are present, which can delay activation.

7. Prices, billing and payment

Our prices are set in Malaysian Ringgit and are the full amount payable. You may choose to pay in US dollars. A dollar price is the Ringgit price converted at a rate we set, and the price shown at checkout is the amount you are charged, in the currency you choose. If we change that rate, a dollar price may change with it. The Ringgit price does not. We are not registered for Sales and Service Tax, so no service tax is added at checkout. Should we become registered in future, we will give you at least 30 days' notice before any tax is applied to your invoices. There is no setup fee and no cancellation fee.

Invoices are issued in advance of each billing period and are payable on the due date shown. We accept the payment methods displayed at checkout. If a payment fails, we will notify you and attempt collection again. Services more than seven days overdue may be suspended, and accounts more than 30 days overdue may be terminated with data deleted.

Budget hosting. Budget hosting plans are paid for one, two or three years at a time, in advance. They are not available on a monthly term.

Renewal pricing. Your hosting plan renews at the rate you signed up at. If we change our published list prices, existing accounts keep their original rate for as long as the plan remains active and unchanged. This applies to hosting plans only. Domain names and paid SSL certificates renew at the price published on our website at the time of renewal.

8. Term, renewal and cancellation

Services renew automatically at the end of each term unless cancelled. You may cancel at any time from the client area. Cancellation takes effect at the end of the current term. The service stays active until then. The unused portion of a term is not refunded, except as set out in the Refund Policy.

9. Lifetime plans

Lifetime plans are offered on Web Hosting plans only. A lifetime plan is a single payment covering the operational life of that plan. It does not expire on a date and generates no further hosting invoices while the plan remains in service. It is not tied to the natural life of the account holder.

A lifetime plan carries the same resources, backups, support and obligations as the recurring version of the same plan, including the Acceptable Use and Fair Use policies. Domain registrations, renewals and any add-on services are billed separately and are not covered.

If we withdraw a lifetime plan. Removing a plan from sale does not affect existing accounts. If we were required to retire a lifetime plan entirely, we would give you no less than 90 days' written notice and refund a pro-rata portion of your original payment calculated over a three-year service life, together with free assistance migrating to another provider.

Transfer. A lifetime plan may be transferred to a new owner once, for example on the sale of a business, on written confirmation from both parties. We do not charge a transfer fee. A plan that has been transferred cannot be transferred again.

10. Reseller hosting

This section applies if you hold a reseller hosting plan.

What you may do. You may create accounts for your clients, up to the number in your plan, decide what each account includes and charge your clients whatever you choose. The storage and bandwidth used by all of your client accounts together count towards the allowance of your plan.

Who the contract is with. Our contract is with you. We have no contract with your clients and we do not bill them. Your terms of service, prices, invoices, taxes and refunds are your own responsibility. You must not describe yourself as our agent, partner or employee, or tell your clients that we have promised them anything.

What your clients do. You are responsible for everything your clients host and do through the accounts you create. A breach of these terms, the Acceptable Use Policy or the Fair Use and Backup Policy by one of your clients is treated as a breach by you. Your own terms with your clients must hold them to rules at least as strict as our Acceptable Use Policy.

Support. We support you, and you support your clients. If one of your clients contacts us, we will refer them back to you. We may contact a client directly where we need to for security, abuse or legal reasons.

Suspension. Where a client account breaches the Acceptable Use Policy, is compromised or is affecting the server, we may suspend that account on its own, and we will tell you when we do. Where circumstances allow, we will ask you to deal with it first. If your reseller plan is suspended or terminated, including for non-payment, every client account under it is suspended or terminated with it.

When the plan ends. When a reseller plan is cancelled or terminated, all of its client accounts and their data are deleted. It is your responsibility to give your clients notice and a copy of their data before then. We do not release a client account or its data to anyone other than you, unless you ask us to in writing or the law requires it.

11. Your obligations and content

You are solely responsible for the content, code and data you place on our servers, for its legality, and for holding the rights necessary to use it. You must comply with the Acceptable Use Policy at all times.

You are responsible for keeping the software you install patched and current. Where an outdated or compromised installation threatens the stability or security of the shared server, we may suspend the affected site with or without prior notice, and will tell you why as soon as we reasonably can.

12. Suspension and termination

We may suspend or terminate an account, in whole or part, where:

• payment is overdue, following notice;
• the Acceptable Use Policy has been breached;
• the account is compromised or is affecting other clients on the shared server;
• we are required to do so by law or by a competent authority; or
• you provided false information when opening the account.

Where circumstances allow, we will contact you first and give you an opportunity to resolve the issue. Where the risk to our network or other clients is immediate, we may act first and notify you afterwards. No refund is due where an account is terminated for breach.

We may also terminate any account for convenience on 30 days' written notice, refunding the unused portion of any prepaid term.

13. Backups

We take backups as described in the Fair Use and Backup Policy. Those backups are a convenience and not a guarantee. You remain responsible for keeping your own independent copies of anything you cannot afford to lose. We are not liable for lost data.

14. Uptime

We target 99.9% monthly uptime. The Service Level Agreement sets out how this is measured and what is excluded. The uptime figure is a service commitment and does not carry service credits or other compensation for downtime.

15. Domain names

Domain registrations are governed by the rules of the relevant registry and registrar in addition to these terms. We act as an intermediary and cannot override registry policy on registration, renewal, transfer or dispute resolution. Domain fees are paid onward to the registry and are not refundable once a registration or renewal has been submitted. Where a domain is included free with a hosting plan and the hosting is refunded, the domain's normal registration price is deducted from the refund, and the domain remains registered to you.

It is your responsibility to keep domain contact details accurate and to renew on time. We will send renewal reminders to the email on your account, but expiry remains your responsibility.

Rise and Roar plans on the 12-month term come with one new .com registration for each hosting service, free for its first year and subject to availability. It is not added to an order automatically. You claim it by opening a ticket within 30 days of your hosting order, once the order is paid, and we register it within one working day of the ticket. Working days are Monday to Friday, 9am to 6pm Malaysia time, excluding public holidays. Domain transfers are not included, and a .com can no longer be claimed once the hosting has been refunded. From the second year it renews at the standard renewal price published on our website at the time of renewal. Other plans and terms, lifetime plans and founding plans do not include a domain, and nor do orders using a founding or lifetime voucher.

16. Intellectual property

You retain all rights in the content and code you upload. We retain all rights in our website, branding and systems. Nothing in these terms transfers ownership either way. You grant us the limited right to host, copy and transmit your content only to the extent needed to provide the Services and take backups.

17. Limitation of liability

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for anything else which cannot lawfully be excluded, including your rights under the Consumer Protection Act 1999 where they apply to you.

Subject to the above, our total liability to you arising out of or in connection with the Services, whether in contract, tort or otherwise, is limited in aggregate to the total fees you paid us for the affected service in the 12 months preceding the event giving rise to the claim.

We are not liable for loss of profit, loss of business, loss of goodwill, loss of anticipated savings, or for loss or corruption of data, in each case whether direct or indirect.

18. Indemnity

You agree to indemnify us against claims, losses and reasonable costs arising from your use of the Services in breach of these terms or the Acceptable Use Policy, or from content you host which infringes the rights of a third party. If you hold a reseller hosting plan, this includes claims brought against us by your clients, or arising from what they host.

19. Personal data

We handle personal data in accordance with our Privacy Policy and the Personal Data Protection Act 2010, as amended. Our servers are located in Malaysia, and in Singapore for accounts where you choose that location. If your account is hosted in Singapore, your data and that of your own site visitors is transferred outside Malaysia. The Privacy Policy explains the safeguards that apply.

Where you host personal data belonging to your own customers, you are the data controller for that data and we act as a processor on your instructions. You are responsible for having a lawful basis for that processing and for issuing your own privacy notice. On a reseller hosting plan this covers the personal data of your clients and of their own customers.

20. Force majeure

We are not liable for failure or delay caused by events beyond our reasonable control, including failure of upstream networks or data centre facilities, denial of service attacks, acts of government, natural disaster or industrial action.

21. Changes to these terms

We may update these terms. Where a change materially reduces your rights, we will give at least 30 days' notice by email and publish the revised version here. Continuing to use the Services after the notice period constitutes acceptance. If you do not accept a material change, you may cancel and receive a refund of any unused prepaid term.

22. Complaints

If something has gone wrong, raise a ticket from the client area or email admin@paduhost.com with the word "Complaint" in the subject line. We will acknowledge within two working days and aim to give a substantive response within ten working days. If you remain dissatisfied, you may refer the matter to the Tribunal for Consumer Claims Malaysia, where your claim falls within its jurisdiction.

23. Governing law

These terms are governed by the laws of Malaysia. The courts of Malaysia have exclusive jurisdiction over any dispute, save that we may bring proceedings to protect our network or intellectual property in any competent court.