User Agreement

1. Introduction

Welcome to the website, web portal, platform, systems, applications, products, and services provided by Web ASP Sdn. Bhd. (“Web ASP”, “we”, “our”, or “us”).

This User Agreement governs your access to and use of our website, web portal, accounts, applications, telecommunications services, software, platforms, hardware-related services, messaging services, voice services, and any related products or services made available by Web ASP from time to time.

By clicking Accept, registering an account, logging in, subscribing to any service, purchasing any credit, using our web portal, or otherwise accessing or using our website or services, you confirm that you have read, understood, and agreed to be bound by this User Agreement and any policies incorporated into it by reference.

If you do not agree to this User Agreement, you must not access or use our website, portal, or services.

2. Scope of Services

Web ASP may provide one or more of the following products and services:

• Cloud PBX services
• IP-PBX solutions
• SIP Trunking services
• VoIP and business telephony services
• DID / number-related services where applicable
• Bulk SMS and messaging services
• WhatsApp Business and AI communication services
• API access and related communication integrations
• VoIP hardware, IP phones, conferencing tools, and related equipment
• Technical support, setup, maintenance, deployment, and related professional services

Not all services are available to all users, and certain services may be subject to separate proposals, service orders, quotations, or written agreements.

3. Eligibility and Authority

You represent and warrant that:

• you are at least 18 years old or otherwise legally capable of entering into a binding agreement;
• if you are acting on behalf of a company, organization, or other entity, you are authorized to bind that entity to this User Agreement;
• all information submitted by you is true, accurate, current, and complete.

We may suspend, restrict, or terminate access if we reasonably believe that any registration, authority, or account information is false, misleading, incomplete, or unauthorized.

4. Account Registration and Security

To use certain services, you may be required to register and maintain an account. You agree to:

• provide accurate, complete, and up-to-date registration information;
• keep your login credentials confidential;
• restrict unauthorized access to your account;
• notify us promptly of any suspected unauthorized access, security breach, or misuse;
• remain fully responsible for all activity carried out under your account, whether authorized by you or not, unless caused solely by our proven fault.

We reserve the right to request identity verification, company documents, authorization letters, or other supporting information before activating, changing, or restoring account access.

5. License and Right to Use

Subject to this User Agreement and payment of applicable charges, Web ASP grants you a limited, non-exclusive, non-transferable, revocable right to access and use the website, portal, and subscribed services solely for your internal lawful business use during the active service term. You may not:

• resell, sublicense, assign, lease, or commercially exploit the services unless expressly authorized in writing by Web ASP;
• copy, modify, reverse engineer, decompile, disassemble, or create derivative works from any software or platform component unless permitted by law or expressly approved by us in writing;
• use the services in a way that interferes with other users, our network, our systems, or our service providers.

All rights not expressly granted are reserved by Web ASP.

6. Ownership and Intellectual Property

The website, portal, software, interfaces, text, graphics, branding, service names, trade names, system workflows, documentation, and related materials are owned by or licensed to Web ASP and are protected by intellectual property laws.

This User Agreement does not transfer any ownership rights to you. You are granted only the limited right to use the services in accordance with this Agreement.

7. Privacy and Personal Data

Your privacy is important to us. Our collection, use, disclosure, storage, and protection of personal data are governed by our Privacy Policy, which forms part of this User Agreement.

By using our services, you acknowledge that you have read and understood our Privacy Policy and agree to the processing of personal data in accordance with that policy and applicable law.

If you submit personal data relating to another individual, you represent that you have obtained the necessary authority, consent, or legal basis to do so.

8. Acceptable Use Policy

You agree to use the website, portal, and services lawfully, responsibly, and in accordance with all applicable laws, regulations, platform rules, industry practices, and this User Agreement. You must not use the services for any purpose that is unlawful, abusive, fraudulent, harmful, or prohibited, including but not limited to:

• spam calls or unsolicited calling;
• spam SMS, spam messaging, or unlawful bulk communications;
• scam, fraud, spoofing, phishing, robocalling, or deceptive activity;
• harassment, threats, nuisance communications, or abusive conduct;
• transmission of defamatory, obscene, indecent, unlawful, racially offensive, hateful, sexually explicit, or harmful material;
• sending messages or making calls without proper consent where consent is required;
• distributing malware, viruses, corrupted files, or harmful code;
• unauthorized access attempts, intrusion, scraping, or system abuse;
• bypass traffic, illegal routing, CLI spoofing for improper purposes, or telecom fraud;
• any conduct likely to cause reputational damage, service interruption, blacklisting, carrier complaints, platform suspension, or regulatory action.

For avoidance of doubt:

• spam calls are strictly prohibited;
• spam messaging is strictly prohibited;
• users are solely responsible for the legality, accuracy, and compliance of their call traffic, messages, campaigns, content, recipient consent, and usage patterns.

We may investigate suspected abuse and may suspend or terminate service immediately without prior notice where misuse, fraud, regulatory risk, or prohibited activity is suspected.

9. Customer Responsibilities

You are responsible for:

• ensuring your use of the services complies with all applicable laws and regulations;
• obtaining all necessary consents and permissions from message recipients, call recipients, staff, or customers;
• ensuring that content sent through the services is lawful and appropriate;
• ensuring your equipment, network, PBX, firewall, internet connectivity, and internal systems are properly configured and maintained;
• safeguarding your credentials, API keys, tokens, and access details;
• promptly reporting unauthorized use, spam complaints, fraud alerts, or service issues;
• ensuring all usage under your account is properly authorized.

10. Payment, Fees, and Charges

All fees, rates, subscriptions, service charges, usage charges, activation charges, setup fees, installation charges, maintenance fees, hardware charges, renewal fees, and related charges are payable in accordance with the applicable quotation, invoice, rate sheet, service order, or written agreement issued by Web ASP. Unless otherwise expressly stated:

• charges may vary from time to time;
• telecom, carrier, operator, platform, or third-party costs may change without prior notice to us;
• we reserve the right to revise pricing, credits, rates, or charging logic by updating our pricing or by written notice where appropriate;
• all payments must be made in full and on time without deduction, withholding, set-off, or counterclaim unless required by law.

Failure to pay may result in service suspension, restriction, termination, or legal recovery action.

11. No Refund Policy

11.1 General No Refund Rule

All payments made to Web ASP are strictly non-refundable unless Web ASP expressly agrees otherwise in writing. For avoidance of doubt, no refund is allowed for any of the following once payment has been made, service has been provisioned, credits have been allocated, resources have been reserved, or setup has started:

• VoIP services, SIP trunk services, Cloud PBX services, IP-PBX-related services
• DID / number provisioning charges
• telecom or communication credits
• SMS credits or usage purchases unless expressly stated otherwise in a separate written offer
• WhatsApp-related setup or service charges
• activation fees, setup fees, onboarding fees, technical support fees, maintenance fees
• hardware configuration or deployment fees
• monthly subscriptions, annual subscriptions, renewals
• professional services charges

11.2 No Refund Triggers

No refund shall be due in cases including but not limited to:

• change of mind;
• partial use or non-use of service;
• customer-side incompatibility;
• customer-side PBX, internet, LAN, firewall, or ISP issues;
• user misunderstanding of service scope;
• service suspension due to breach of this Agreement;
• service termination due to spam, fraud, abuse, or unlawful use;
• failure to use service before expiry or end of service term;
• dissatisfaction with factors outside our direct control, including carrier delivery, platform approval, internet instability, recipient handset issues, or third-party service limitations.

11.3 Hardware

Where hardware has been sold, delivered, installed, opened, configured, or specially ordered, such hardware charges are also non-refundable except where mandatory under applicable law or expressly agreed by us in writing.

12. Service Availability / SLA Policy

12.1 Default Service Target

Unless otherwise agreed in a separate written SLA or service agreement, the default target service availability for applicable hosted services is 99% uptime over the relevant service measurement period.

12.2 Exclusions

Service availability calculations do not include downtime, degradation, or interruption caused by:

• scheduled maintenance or emergency maintenance;
• force majeure;
• internet outages;
• customer-side network, LAN, ISP, firewall, PBX, hardware, or software issues;
• third-party carrier, telco, operator, or platform outages;
• cloud provider or hosting provider failures outside our reasonable control;
• suspension due to breach, abuse, fraud, or non-payment;
• denial-of-service, hacking, malware, or security incidents not caused solely by our willful misconduct.

12.3 No Absolute Guarantee

While Web ASP will use reasonable efforts to provide stable and continuous services, we do not guarantee uninterrupted, error-free, or fault-free operation at all times.

12.4 Remedies

Unless otherwise stated in a separate written contract, any SLA target stated in this Agreement is a service objective only and does not automatically entitle the user to cash refund, compensation, or penalty payment.

13. Telecom and Messaging Disclaimer

You acknowledge and agree that telecom and messaging services are dependent on multiple third-party factors, including but not limited to:

• mobile network operators and fixed network providers;
• internet service providers;
• number portability systems;
• PBX compatibility and routing partners;
• recipient handset conditions and device settings;
• third-party messaging platforms;
• platform approval and template policies.

Accordingly, Web ASP does not guarantee delivery, receipt, routing success, call completion, quality consistency, speed, recipient response, or uninterrupted availability in all cases. Messages or calls may be delayed, filtered, blocked, rejected, throttled, or fail due to carrier rules, handset behavior, third-party systems, regulatory requirements, content filtering, or circumstances outside our direct control.

14. Support and Maintenance

Support scope, support hours, response time, escalation handling, and maintenance coverage will be as set out in the applicable quotation, SLA, support plan, or written agreement.

Unless otherwise agreed in writing, general support is provided on a reasonable-efforts basis during normal business hours, excluding public holidays and non-working days.

15. Cookies Policy

Our website and web portal may use cookies, session cookies, analytics tools, and similar technologies to:

• enable core website and portal functionality;
• remember user login sessions and preferences;
• improve usability and performance;
• monitor traffic and service quality;
• support fraud prevention and platform security;
• understand user interaction for service improvement.

By continuing to use our website or portal, you consent to our use of cookies and similar technologies as described in our Privacy Policy and this Agreement, subject to your browser settings and any cookie controls made available by us. If you disable cookies, some website or portal functions may not operate properly.

16. Confidentiality

Any non-public business, technical, commercial, pricing, operational, system, or customer-related information disclosed by one party to the other shall be treated as confidential and shall not be disclosed to any third party except:

• with prior written consent;
• where necessary for service delivery on a need-to-know basis;
• where required by law, court order, or regulatory authority.

If the parties require a separate Non-Disclosure Agreement, such NDA may be executed separately.

17. Warranties Disclaimer

Except as expressly stated in a separate written agreement signed by Web ASP, the website, portal, services, systems, applications, APIs, content, and related materials are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, Web ASP disclaims all warranties, representations, conditions, and guarantees, whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, availability, compatibility, or uninterrupted operation.

We do not warrant that the services will be error-free, bug-free, secure from all threats, free from interruption, or suitable for every customer environment or use case.

18. Limitation of Liability

To the maximum extent permitted by law:

• Web ASP shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential loss or damage;
• Web ASP shall not be liable for loss of profit, revenue, business, contracts, goodwill, anticipated savings, data, messages, call records, opportunities, or reputation;
• Web ASP shall not be liable for telecom failure, carrier failure, internet failure, cloud outage, operator filtering, message delay, message loss, call failure, third-party platform restrictions, or customer-side system issues.

If Web ASP is found liable for any claim arising out of or in connection with the services, our total aggregate liability shall not exceed the amount actually paid by you to Web ASP for the specific affected service during the three (3) months immediately preceding the event giving rise to the claim, unless otherwise expressly agreed in writing. Nothing in this Agreement excludes liability to the extent such liability cannot be lawfully excluded.

19. Indemnity

You agree to indemnify, defend, and hold harmless Web ASP, its directors, officers, employees, affiliates, agents, contractors, licensors, and service providers from and against any claims, losses, liabilities, damages, costs, penalties, fines, expenses, and legal fees arising from or related to:

• your use or misuse of the services;
• your breach of this Agreement;
• your unlawful messages, calls, content, traffic, campaigns, or data handling;
• spam complaints, privacy complaints, regulatory complaints, fraud claims, or third-party disputes caused by your account or usage;
• your failure to obtain necessary consents or legal authority;
• your violation of any law, regulation, platform rule, or third-party right.

20. Suspension and Termination

Web ASP may suspend, restrict, disable, or terminate your account or services immediately, with or without notice, if:

• you breach this Agreement;
• you fail to make payment when due;
• your usage creates legal, regulatory, security, fraud, spam, abuse, or reputational risk;
• false or misleading registration information has been provided;
• we are required to do so by a regulator, carrier, operator, court, or platform provider;
• continuing service is not commercially, technically, or legally feasible.

Upon suspension or termination:

• your right to use the affected services shall cease immediately;
• outstanding fees remain payable;
• no refund shall be due;
• we may block access, disable credentials, stop routing, suspend numbers, or remove service features as appropriate.

21. Amendments

Web ASP may revise, amend, or update this User Agreement and related policies from time to time by posting the updated version on our website or portal or by providing notice through such means as we consider reasonable. Your continued use of the services after such update takes effect constitutes your acceptance of the revised terms.

22. Entire Agreement

This User Agreement, together with our Privacy Policy and any applicable quotation, order form, invoice, service schedule, proposal, SLA, or written agreement issued by Web ASP, forms the entire agreement between you and Web ASP in relation to the relevant services. If there is any conflict, the order of priority shall generally be:

• separately signed written agreement;
• quotation / order form / service schedule;
• this User Agreement;
• website policy pages.

23. Severability

If any provision of this User Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

24. Waiver

No delay or failure by Web ASP in exercising any right under this Agreement shall operate as a waiver of that right.

25. Assignment

You may not assign, transfer, or novate your rights or obligations under this Agreement without our prior written consent. Web ASP may assign, transfer, subcontract, or delegate any of its rights or obligations under this Agreement to any affiliate, successor, service provider, or third party as part of a business, operational, or service arrangement.

26. Governing Law and Jurisdiction

This User Agreement shall be governed by and construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with this Agreement shall be subject to the jurisdiction of the courts of Malaysia, unless otherwise agreed by Web ASP in writing.