Terms and Conditions

Ardentwire Sdn Bhd (“Ardentwire”) (1365355-T) having its principal place of business located at Level 31, Unit BC-03, Q Sentral, Jalan Stesen Sentral 2, 50470 Kuala Lumpur, Malaysia provides a web renting solution for clients.

By signing up for our Web Renting Solution (Sewwwa), you acknowledge that you have read and understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto (“Terms and Conditions”). IF DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT PROCEED WITH SIGNING UP.

1. Eligibility

1. 1. Sewwwa are available only to and may only be used by individuals who can form legally binding contracts under the applicable law of the jurisdiction in which they reside. Without limiting the foregoing, Sewwwa are not available to persons under the age of EIGHTEEN (18) YEARS.
  2. These Terms of Service are binding on you, the user, and such person, company or other business entity (“principal” or “employer”) you represent. If you are registering on behalf of your principal or employer, you represent and warrant that you have the authority to bind them to these Terms of Service. Unless the context requires otherwise, all references to “you” or “your” include references to your principal or employer.
  3. Ardentwire uses many techniques to verify the accuracy of information provided when registering for Sewwwa and reserves the right to terminate the provision Sewwwa to you if it believes for any reason that such information may be incorrect.

2. Features and Services

1. Sewwwa features (excluding payment gateway services and third party plug-ins) are listed on the Sewwwa official website and are available according to the package you sign up for. For full details, please refer to our webpage at http://www.ardentwire.com
2. Ardentwire will inform you by email of important information such as service outages, updates, modifications or new developments to Sewwwa and any changes to these Terms of Service.
3. Ardentwire may within THIRTY (30) DAYS’ notice to you:
  - Modify or discontinue any or all aspects of the Sewwwa or restrict your use of Sewwwa in whole or in part for any reason at our convenience; or
  - Change our pricing or these Terms of Service. If you find any change unacceptable, you may cancel your account (please see Section 6 below on the cancellation of accounts). Your continued use of Sewwwa after the coming into force of the change (expiry of the notice) constitutes your continued acceptance of the Terms of Service as amended.
  - Ardentwire maintains a strict no refund policy and does not provide refunds.

3. Customer Content and Intellectual Property Rights

1. 1. Ardentwire does not claim any intellectual property rights over your information or material submitted to Sewwwa and you retain ownership over and responsibility for your Web’s content.
  2. However, you agree to grant Ardentwire the non-exclusive right and licence to use your Web’s name, trademarks and content on our Sewwwa website or in printed or online advertisements or other publications describing Sewwwa Services.
  3. Also, you represent and warrant that you have all necessary rights to display and distribute your Web’s content whether as author or having possession of the requisite distribution rights, licenses or permission to use from the relevant owner(s).
    - “Sewwwa” and its logos are trademarks of Ardentwire and the compilation, collection, selection, arrangement, assembly and coordination of all content available on the Sewwwa website are the exclusive copyright of Ardentwire.
    - You acknowledge that these Terms of Service does not grant you any title or proprietary right or interest over Sewwwa software and technology, and any other ecommerce solutions or services provided by Ardentwire. You shall not perform or attempt to perform any of the following actions:
      - Subleasing or otherwise offering for access any of the Sewwwa to any third parties;
      - Reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of Sewwwa software and technology; or
      - Deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner).

4. User Restrictions and Indemnity

1. 1. You shall not use Sewwwa in any manner that, as determined by Ardentwire in its reasonable discretion, whether actual or potential:
    - Involves false, inaccurate or misleading advertisement, is fraudulent or involves the sale of counterfeit or stolen goods;
    - Infringes or misappropriates any person’s copyright, patent, trademark, trade secret or other proprietary rights;
    - Violates any law, statute, ordinance, regulation, governmental guideline or policy in your jurisdiction or in Malaysia;
    - Displays content that is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person or otherwise infringes the requirements of the Content Code published by the Malaysian Communications and Multimedia Commission. Without limiting the foregoing, this shall include content that:
    - Is defamatory, trade libellous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
    - Display material containing pornography of any kind or any that exploits children under age of eighteen (18) years; or
    - Displays content advocating, promoting or otherwise encouraging violence against any governments, organizations, groups or individuals or cruelty towards animal or that provides instruction/information or assistance in carrying out the same;
    - Accesses illegally or without authorisation any computers, servers, accounts or networks of Ardentwire or any other Sewwwa users, or attempts to hack into Ardentwire’s security systems, having Ardentwire host or distribute any internet viruses or other harmful code, pinging, flooding, mail bombing or denial-of-service attacks, or disrupting others from effectively using Sewwwa;
    - Involves the transmission of unsolicited commercial or bulk email (spamming) whether from or to Sewwwa servers;
    - Participates in any activities relating to pyramid or ‘Ponzi’ schemes;
    - Is harmful to Sewwwa servers (including without limitation overloading the Sewwwa servers or other technical infrastructure);
    - Involves activities in the nature of gambling, sweepstakes, raffles or lotteries; or
    - Otherwise creates liability for Ardentwire or its affiliates or contractors or exposes them to undue risk or otherwise is harmful to the Sewwwa operations, reputation, or goodwill.
    - Where your intended use of Sewwwa require any licence, consent, authorisation, permission or approval from any government, governmental, supranational or trade agencies, courts or other regulatory body (“Licence(s)”), you agree not to operate such business via Sewwwa without having first obtained the appropriate Licence(s).
    - You agree that your use of Sewwwa including information transmitted to or stored at Sewwwa servers are governed by our privacy policy terms.
    - You agree to indemnify and hold Ardentwire, its suppliers, advertising and promotional partners, and service providers including their respective officers, directors, agents, and employees harmless from any and all losses, costs (including reasonably legal costs and expense), liabilities or other expenses incurred or arising from:
    - Your breach of any provision of these Terms of Service (including without limitation, from any infringement or misappropriation of any person’s copyright, patent, trademark, trade secret or other proprietary rights); and
    - Your use of Sewwwa (including without limitation, from any of your Web’s content or any claims arising from the sale goods or services on your Web).

5. Privacy Policy

1. 1. Ardentwire values your privacy. You agree with and accept all the terms and conditions of our privacy policy.
  2. For your information, Ardentwire may employs Secure Socket Layers (SSL) to protect all your personal information. Ardentwire uses designated processors to handle all credit card payments and does not store any credit card information in any format or record.

6. Cancellation or Buy Out of Your Account

1. 1. You may cancel your account at any time by emailing us at info@Ardentwire.com
  2. However, you are liable for early termination charge(s) according to our bound subsciption agreement.
  3. Upon cancellation, Ardentwire may delete any data file associated with your use of the Sewwwa.
  4. You may also opt to buy out right with specific amout of price as stated in our bound agreement.

7. Site Content Modification and Termination of Service

1. 1. Ardentwire may make changes to your Web to rectify the infringing content if you breach any of the provisions of these Terms of Service and:
    - You fail to remedy it within the time period set out in our email notification to you; or
    - You fail to conform to the instructions in our notification to our absolute satisfaction.
  2. You agree that Ardentwire shall not be liable for any damage, foreseeable or unforeseeable, direct or indirect, that may result from the changes made to your Web under this section 7.1.
  3. Ardentwire reserves the right to discontinue your use of any or all aspects of Sewwwa without prior notice if we have determined in our reasonable discretion that:
    - You have breached any provision in our Terms of Service (including without limitation, if we receive information that your use of Sewwwa is in violation of any third party’s intellectual property or other proprietary rights); or
    - It is necessary for security reasons or for the proper continuance of the operations of Sewwwa;
    - You are not using Sewwwa for a legitimate business purpose.
    - If at any time Ardentwire is unable to charge your credit card (e.g. your credit card information provided has expired) or if you otherwise fail to make any payment due to us, and fail to remedy the same within FORTEEN (14) DAYS’ from our notice, we may discontinue your use of any or all aspects of Sewwwa.
    - In the event Ardentwire discontinues your use of Sewwwa entirely for reasons of sub-sections 7.2(a), (c) or section 7.3:
    - You agrees not to re-register for or otherwise obtain access to Sewwwa without our written approval; and
    - Ardentwire reserves the right to delete your account (including any data file associated with your use of the Sewwwa).

8. Disclaimer of Warranties

1. 1. Ardentwire provides Sewwwa on an “as is” basis and, to the widest extent permitted by law, expressly disclaims any and all implied or statutory warranties, including the warranties of reasonable care and skill, merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. Without limiting the foregoing Ardentwire gives no warranty:
    - That the Sewwwa and its other software or services will be error-free or uninterrupted;
    - Regarding uptime, use, data security, accuracy and reliability of Sewwwa;
    - That our security procedures will prevent the loss of, alteration of, or improper access to your information;
    - In relation to any third party offerings or products available via Sewwwa;
    - In relation to the availability of external sites or resources (normally provided in Sewwwa), or for any of its content, advertising, products or other materials.
  2. Ardentwire provides domain name registration and renewal services only as a value added service to an active Sewwwa user. It is your responsibility to ensure that your domain(s) are renewed on time. Ardentwire does not guarantee successful renewal of domain(s) once the domain goes into the domain redemption period.
  3. You acknowledge and agree that this is a reasonable and an essential element of these Terms of Service and that in its absence, the economic terms of these Terms of Service would be substantially different.

9. Limitation of Liability

1. - To the widest extent permitted by law, Ardentwire (including its directors, officers, employees and agents) shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential or other damages arising out of or in connection with your use of Sewwwa (however arising, whether as a result of your contractual relationship with Ardentwire or negligence).

10. Notice

1. - Any notices in connection with Sewwwa or these Terms of Service will be sent by Ardentwire to your email provided to us during registration. The notice will be deemed to have been received on the day it is sent out from our electronic mail server.

11. Assignment

1. - You may not assign, transfer or delegate your account or any rights or obligations under these Terms of Service.

12. Governing Law

1. - These Terms of Service shall be governed by and construed according to the laws of Malaysia.

12. Force Majeure

1. - Ardentwire’s delay in or non-performance of any duties or obligations under these Terms of Services will not be considered a breach of these Terms of Services if such delay or non-performance is caused by a labour disputes, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond our control.

13. Miscellaneous

1. These Terms of Services does not create any relation of agency, partnership, joint venture, employee-employer or franchiser-franchisee between you and Ardentwire.
2. These Terms and Conditions, our Privacy Policy and our Subcription Agreement set out represent the complete agreement between you and Ardentwire, and supersedes all prior agreements and representations.
3. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. In particular, and without limitation to the foregoing, any provision that potentially violates the provisions of the Consumer Protection Act 1999 (in particular Part IIIA – “Unfair Contract Terms”) shall be read to include the qualifying phrase “to the widest extent permitted by law”.
4. No failure or delay on the part of Ardentwire to exercise any right or remedy under these Terms and Conditions shall operate as a waiver thereof.