Welcome to www.esanco.com. Welcome to www.esanco.com. ESANCO SOLUTIONS SDN BHD provides a website to you, subject to the following User Agreement (“Agreement”), which ESANCO SOLUTIONS SDN BHD updates from time to time without notice to you. In addition, when using ESANCO SOLUTIONS SDN BHD’s website, you are subject to any posted guidelines or rules applicable to the website. ESANCO SOLUTIONS SDN BHD will post those guidelines or rules from time to time. ESANCO SOLUTIONS SDN BHD hereby incorporates by reference all guidelines or rules into the Agreement.

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, before using ESANCO SOLUTIONS SDN BHD’s website.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY THEN DO NOT USE OR ACCESS ESANCO SOLUTIONS SDN BHD’s WEBSITE.

When you visit www.esanco.com or send emails to ESANCO SOLUTIONS SDN BHD, you are communicating with ESANCO SOLUTIONS SDN BHD electronically. You consent to receive communications from ESANCO SOLUTIONS SDN BHD electronically. ESANCO SOLUTIONS SDN BHD will communicate with you by e-mail or by positing notices on this site. You agree that all agreements, notices, disclosures and other communications that ESANCO SOLUTIONS SDN BHD provides to you electronically satisfy any legal requirement to communicate in writing.

Without limiting other remedies, ESANCO SOLUTIONS SDN BHD may refuse to allow you to use its website if:

1. You breach this Agreement, the Privacy Policy or the documents incorporated by reference.
2. ESANCO SOLUTIONS SDN BHD is unable to verify or authenticate any information you provide to it.
3. ESANCO SOLUTIONS SDN BHD believes that your actions may cause financial loss or legal liability.

1. Generally. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by You or ESANCO SOLUTIONS SDN BHD in accordance with the Termination Clause of this Agreement.
2. Term. Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided in this Agreement or other Supplemental Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one-month period.
3. Special Promotion Terms. If you have subscribed to the Services via special campaigns or promotions, the special terms and conditions of the respective campaigns or promotions (“Campaign Terms & Conditions”) shall prevail in the event of conflict between the terms and conditions of this Agreement and the Campaign Terms & Conditions, unless expressly provided in the Campaign Terms & Conditions.

1. Generally. Upon submission of the Order and acceptance by Esanco Solutions Sdn Bhd, You shall pay to ESANCO SOLUTIONS SDN BHD a setup fee and other charges, fees and rentals for the Service, as the case may be, which shall be at the rates prescribed on the ESANCO SOLUTIONS SDN BHD website from time to time and payable in advance or at such other time in accordance with ESANCO SOLUTIONS SDN BHD’ policy or requirements. The said charges, fees and rentals shall commence from the Effective Date.
2. Pay Promptly. You shall promptly pay on demand by ESANCO SOLUTIONS SDN BHD and at the times stipulated in such demand all charges, fees, rentals, costs or other amounts in connection with the Services. You shall continue to be liable for any applicable charges during the period of interruption or loss of Services from any cause whatsoever.
3. Prepayment. ESANCO SOLUTIONS SDN BHD may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.
4. Monthly Service Fees. Fees for service ordered by You shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
5. Upgrade Fees. Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
6. Hourly Service Fees. For any services offered by ESANCO SOLUTIONS SDN BHD on an hourly basis (“Hourly Services”), You shall specify the period of time for which the Hourly Services are requested, or cancel at any time. The minimum period of time for which Hourly Services may be requested is one (“1”) hour and Customer will be billed in full hourly increments, and no breakdown by minutes shall be permitted. Unless otherwise specifically stated in the Terms, Customers who request Hourly Services agree to all terms and conditions in ESANCO SOLUTIONS SDN BHD’s Terms, including but not limited to these Terms and the AUP. You will be billed for Hourly Services and receive any SLA credits, if applicable, on the Anniversary Billing Date.
7. Additional Service Fees. Additional services, not including Hourly Services, ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
8. One Time Fees. One time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and/or agreed upon in writing or via ticket or email with ESANCO SOLUTIONS SDN BHDs’ approval.
9. Full Payment. All payments due to ESANCO SOLUTIONS SDN BHD under this Agreement shall be made in full, without deduction for any reason, including but not limited to, set-off, counterclaim or other equitable or lawful claim.
10. Late Fees. Any payment not received within twenty (30) days of the invoice due date, will be assessed a late payment fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is higher, with a minimum of Late Fee. You shall pay to ESANCO SOLUTIONS SDN BHD all expenses incurred by ESANCO SOLUTIONS SDN BHD in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by you, including, but not limited to, reasonable attorneys’ fees and the fees of any collection agency retained by ESANCO SOLUTIONS SDN BHD. Late Fees will continue to accrue as long as there is an outstanding balance.
11. New Service Fees. Fees and charges for any new Service or new feature of a Service will be effective when ESANCO SOLUTIONS SDN BHD post updated fees and charges on the ESANCO SOLUTIONS SDN BHD’s Website unless ESANCO SOLUTIONS SDN BHD expressly state otherwise in a notice. ESANCO SOLUTIONS SDN BHD may increase or add new fees and charges for any existing Services by giving You at least a 30-day advance notice.
12. Cancellation Fees. If You cancel any order after the same has been accepted by ESANCO SOLUTIONS SDN BHD, you shall be liable to pay a cancellation fee, if any, at ESANCO SOLUTIONS SDN BHD prescribed rate for cancellation.
13. Changes of Fees. ESANCO SOLUTIONS SDN BHD may vary its charges from time to time by returning notice to You. All variations will take effect from the date specified in the notice and You shall be bound to observe and comply with such variations.
14. Refundable Fees. Upon termination of this Agreement you will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and renewal, EDM Advertising, setup fees, one time fees, shipping and handling fees, and technical charges, are not refundable unless provided otherwise specified at ESANCO SOLUTIONS SDN BHD’s Website. ESANCO SOLUTIONS SDN BHD may, in its sole discretion, refund other amounts as it deems necessary or advisable.
15. Transfer of Credit. ESANCO SOLUTIONS SDN BHD may, at its absolute discretion and at any time, set off, consolidate or combine accounts or transfer any monies outstanding to the credit of Your account with ESANCO SOLUTIONS SDN BHD or any of its related companies of whatever description towards the reduction or discharge of any sum due to ESANCO SOLUTIONS SDN BHD by You under this Agreement.

1. Generally. Upon submission of the Order and acceptance by Esanco Solutions Sdn Bhd, You shall pay to ESANCO SOLUTIONS SDN BHD a setup fee and other charges, fees and rentals for the Service, as the case may be, which shall be at the rates prescribed on the ESANCO SOLUTIONS SDN BHD website from time to time and payable in advance or at such other time in accordance with ESANCO SOLUTIONS SDN BHD’ policy or requirements. The said charges, fees and rentals shall commence from the Effective Date.
2. Pay Promptly. You shall promptly pay on demand by ESANCO SOLUTIONS SDN BHD and at the times stipulated in such demand all charges, fees, rentals, costs or other amounts in connection with the Services. You shall continue to be liable for any applicable charges during the period of interruption or loss of Services from any cause whatsoever.
3. Prepayment. ESANCO SOLUTIONS SDN BHD may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.
4. Monthly Service Fees. Fees for service ordered by You shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
5. Upgrade Fees. Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
6. Hourly Service Fees. For any services offered by ESANCO SOLUTIONS SDN BHD on an hourly basis (“Hourly Services”), You shall specify the period of time for which the Hourly Services are requested, or cancel at any time. The minimum period of time for which Hourly Services may be requested is one (“1”) hour and Customer will be billed in full hourly increments, and no breakdown by minutes shall be permitted. Unless otherwise specifically stated in the Terms, Customers who request Hourly Services agree to all terms and conditions in ESANCO SOLUTIONS SDN BHD’s Terms, including but not limited to these Terms and the AUP. You will be billed for Hourly Services and receive any SLA credits, if applicable, on the Anniversary Billing Date.
7. Additional Service Fees. Additional services, not including Hourly Services, ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
8. One Time Fees. One time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and/or agreed upon in writing or via ticket or email with ESANCO SOLUTIONS SDN BHDs’ approval.
9. Full Payment. All payments due to ESANCO SOLUTIONS SDN BHD under this Agreement shall be made in full, without deduction for any reason, including but not limited to, set-off, counterclaim or other equitable or lawful claim.
10. Late Fees. Any payment not received within twenty (30) days of the invoice due date, will be assessed a late payment fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is higher, with a minimum of Late Fee. You shall pay to ESANCO SOLUTIONS SDN BHD all expenses incurred by ESANCO SOLUTIONS SDN BHD in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by you, including, but not limited to, reasonable attorneys’ fees and the fees of any collection agency retained by ESANCO SOLUTIONS SDN BHD. Late Fees will continue to accrue as long as there is an outstanding balance.
11. New Service Fees. Fees and charges for any new Service or new feature of a Service will be effective when ESANCO SOLUTIONS SDN BHD post updated fees and charges on the ESANCO SOLUTIONS SDN BHD’s Website unless ESANCO SOLUTIONS SDN BHD expressly state otherwise in a notice. ESANCO SOLUTIONS SDN BHD may increase or add new fees and charges for any existing Services by giving You at least a 30-day advance notice.
12. Cancellation Fees. If You cancel any order after the same has been accepted by ESANCO SOLUTIONS SDN BHD, you shall be liable to pay a cancellation fee, if any, at ESANCO SOLUTIONS SDN BHD prescribed rate for cancellation.
13. Changes of Fees. ESANCO SOLUTIONS SDN BHD may vary its charges from time to time by returning notice to You. All variations will take effect from the date specified in the notice and You shall be bound to observe and comply with such variations.
14. Refundable Fees. Upon termination of this Agreement you will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and renewal, EDM Advertising, setup fees, one time fees, shipping and handling fees, and technical charges, are not refundable unless provided otherwise specified at ESANCO SOLUTIONS SDN BHD’s Website. ESANCO SOLUTIONS SDN BHD may, in its sole discretion, refund other amounts as it deems necessary or advisable.
15. Transfer of Credit. ESANCO SOLUTIONS SDN BHD may, at its absolute discretion and at any time, set off, consolidate or combine accounts or transfer any monies outstanding to the credit of Your account with ESANCO SOLUTIONS SDN BHD or any of its related companies of whatever description towards the reduction or discharge of any sum due to ESANCO SOLUTIONS SDN BHD by You under this Agreement.

1. To the Services. ESANCO SOLUTIONS SDN BHD may change, discontinue, or deprecate any of the Services (including the Services as a whole) or change or remove features or functionality of the Services from time to time. ESANCO SOLUTIONS SDN BHD will notify You of any material change to or discontinuation of the Services.
2. To the APIs. ESANCO SOLUTIONS SDN BHD may change, discontinue or deprecate any APIs for the Services from time to time but will use commercially reasonable efforts to continue supporting the previous version of any API changed, discontinued, or deprecated for twelve (12) months after the change, discontinuation, or deprecation (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities).
3. To the Service Level Agreements. ESANCO SOLUTIONS SDN BHD may change, discontinue or add Service Level Agreements from time to time.

1. Generally. ESANCO SOLUTIONS SDN BHD may suspend Your or any End User’s right to access or use any portion or all of the Services immediately upon notice to You if we determine:
1. You or an End User’s use of the Services (i) poses a security risk to the Services or any third party, (ii) may adversely impact the Services or the systems or Content of any other ESANCO SOLUTIONS SDN BHD customer, or (iii) may subject us, our affiliates, or any third party to liability;
2. You are, or any End User is, in breach of this Agreement,
3. You are delinquent on Your payment obligations for more than three (3) days; or
4. You have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of Your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

You acknowledge and agree that ESANCO SOLUTIONS SDN BHD‘s website and any necessary software used in connection with ESANCO SOLUTIONS SDN BHD’s website contain proprietary and confidential information protected by applicable intellectual property and other laws. You further agree that copyrights, trademarks, service marks, patents, or other proprietary rights and laws protect the content posted or information presented to you through ESANCO SOLUTIONS SDN BHD’s website. Except as expressly authorized by ESANCO SOLUTIONS SDN BHD, you agree not to modify, rent, lease, sell, distribute or create derivative works based on ESANCO SOLUTIONS SDN BHD’s website or the software, in whole or in part. ESANCO SOLUTIONS SDN BHD or its content suppliers own the property rights to all content included on this website, including text, graphics, logos, button icons, images, data compilations, and software, unless otherwise noted or acknowledged. ESANCO SOLUTIONS SDN BHD also owns the exclusive property rights to the compilation of all content on this site. ESANCO SOLUTIONS SDN BHD or its software supplier also owns all software used on this site. Malaysia and international copyright laws protect all of these property rights.

You expressly understand and agree that: ESANCO SOLUTIONS SDN BHD and its employees provide its web site “as is” and without any warranty or condition, express, implied or statutory. ESANCO SOLUTIONS SDN BHD and its employees specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Your use of this website to obtain information from ESANCO SOLUTIONS SDN BHD is at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from your use of ESANCO SOLUTIONS SDN BHD’s website. You further acknowledge that ESANCO SOLUTIONS SDN BHD provides no warranty in connection with any advice or information you obtain from ESANCO SOLUTIONS SDN BHD or its website.

ESANCO SOLUTIONS SDN BHD and its employees are not liable, under any circumstances, whether in contract or in tort or under any legal theory (including, without limitation, strict liability and negligence), for any indirect, special or consequential damages, lost data, interruptions or lost profits arising out of or relating to your use of ESANCO SOLUTIONS SDN BHD’s website or relating to any breach of this agreement.

ESANCO SOLUTIONS SDN BHD may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ESANCO SOLUTIONS SDN BHD has no control over those sites and resources, you acknowledge and agree that ESANCO SOLUTIONS SDN BHD is not responsible for the availability of those external sites or resources, and ESANCO SOLUTIONS SDN BHD neither endorses nor accepts responsibility or liability for any content, advertising, products, or other material on or available from those sites or resources. You further acknowledge and agree that ESANCO SOLUTIONS SDN BHD is not responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with use of or reliance on any content, goods or services available on or through any site or resource.

You agree to indemnify and hold ESANCO SOLUTIONS SDN BHD and its affiliates, officers, directors, agents, and employees harmless from any third-party claim(s), settlement of claim(s) or demand(s), including reasonable attorneys’ fees, due to or arising out of your breach of the Agreement or the documents it incorporates by reference, your violation of any law or rights of a third party, your use of ESANCO SOLUTIONS SDN BHD’s website, or your connection to ESANCO SOLUTIONS SDN BHD’s website.

ESANCO SOLUTIONS SDN BHD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its website (or any part thereof) with or without notice. You agree that ESANCO SOLUTIONS SDN BHD has no liability to you or to any third party for any modification, suspension, or discontinuance of ESANCO SOLUTIONS SDN BHD’s website.

1. Termination. ESANCO SOLUTIONS SDN BHD may terminate this Agreement immediately upon Thirty (30) days notice to You:

1. if ESANCO SOLUTIONS SDN BHDs’ relationship with a third party partner who provides software or other technology ESANCO SOLUTIONS SDN BHD use to provide the Services expires, terminates or requires ESANCO SOLUTIONS SDN BHD to change the way ESANCO SOLUTIONS SDN BHD provide the software or other technology as part of the Services,
2. if ESANCO SOLUTIONS SDN BHD believes providing the Services could create a substantial economic or technical burden or material security risk for ESANCO SOLUTIONS SDN BHD,
3. in order to comply with the law or requests of governmental entities, or
4. if ESANCO SOLUTIONS SDN BHD determine use of the Services by You or any End Users or ESANCO SOLUTIONS SDN BHD provision of any of the Services to You or any End Users has become impractical or unfeasible for any legal or regulatory reason, or
5. without having to give any reason.

2. Immediate Termination. ESANCO SOLUTIONS SDN BHD reserves the right to refuse services to anyone. ESANCO SOLUTIONS SDN BHD, in its sole discretion, may immediately terminate this Agreement if:

1. You engaged in any of the activities as spelled out but not limited to in Clause 14 above; or
2. ESANCO SOLUTIONS SDN BHD or You commits a material breach of its obligations under this Agreement which is incapable of remedy; or
3. ESANCO SOLUTIONS SDN BHD or You commits a material breach of its obligations under this Agreement which is capable of remedy but which is not remedied within thirty (30) days after the receipt of written notice of default from the other party; or
4. ESANCO SOLUTIONS SDN BHD or You is insolvent or takes any corporate action, or other steps are taken or legal proceedings are commenced for its winding up, liquidation or dissolution (other than for the purposes of solvent reconstruction on terms approved by the party proposing to terminate this Agreement) or for the appointment of a receiver, receiver and manager, official manager, liquidation, provisional liquidator, trustee or similar officer of it or of any or all of its revenues and assets, or
5. in the event any equipment or combination thereof, including hardware and software used by ESANCO SOLUTIONS SDN BHD in offering of its Services, become affected in their performance and/or functionality so as to render it impossible for ESANCO SOLUTIONS SDN BHD to continue to provide the Services. In such event the sole extent of ESANCO SOLUTIONS SDN BHD liability shall be the refund of any advance Subscription Fees paid by You for the duration of the interruption prior to termination.

3. Termination Due to None Renewal. ESANCO SOLUTIONS SDN BHD may terminate this Agreement if You failed to pay for the renewal fees of its Service on time upon renewal.
4. Service Cancellation Information Page. If You are terminating this Agreement, You must follow instructions for cancellation provided on the Service Cancellation Information page as published on ESANCO SOLUTIONS SDN BHD Website. All cancellation notice by You must be at least Thirty (30) days before the next renewal date.
5. Termination Due to None Compliance by Customer. If the Agreement or Services is terminated by You or by ESANCO SOLUTIONS SDN BHD due to non-compliance by You of any provisions in this Agreement prior to the expiry of the Initial Term, You shall pay ESANCO SOLUTIONS SDN BHD in full all charges, fees and rentals for the remainder of the said term.
6. Relocation or Upgrade. If You terminate the Agreement during the Initial Term as a result of relocation or in order to upgrade the Services, You shall not be liable to pay for the remainder of the monthly rentals for the Initial Term, provided You enter into a new Agreement with ESANCO SOLUTIONS SDN BHD for the Services at the new location or for the upgraded service immediately upon termination of this Agreement. The new Agreement between You and ESANCO SOLUTIONS SDN BHD for the new location or upgraded service will be based on the prevailing charges, rates and terms and conditions imposed by ESANCO SOLUTIONS SDN BHD.
7. Fees. On termination of this Agreement, You shall pay ESANCO SOLUTIONS SDN BHD:
   All amounts invoiced to You in accordance with this Agreement and unpaid as at the termination date together with the interest charged on those amounts; and II. all amounts incurred by You but not invoiced to You as at the termination date.
8. Service De-activation. If You terminates your account, ESANCO SOLUTIONS SDN BHD will de-activate the server/account on the day You specify the account is cancelled. ESANCO SOLUTIONS SDN BHD will not maintain an archival copy of your Web site(s) or files. It is your responsibility to remove any data off the servers, systems, or portals prior to the date provided in their cancellation notice.
9. Rights. Termination of this Agreement by either You or ESANCO SOLUTIONS SDN BHD for any reason whatsoever shall be without prejudice to any other rights, remedies or claims ESANCO SOLUTIONS SDN BHD may have against You under this Agreement or at law in respect of any antecedent breach by You of any provision of this Agreement.

You agree that ESANCO SOLUTIONS SDN BHD, in its sole discretion, may automatically assign the Agreement and all incorporated documents to a third party in the event of a merger or acquisition. If any court of law finds any provision of the Agreement invalid, void, unenforceable, or illegal, the remaining provisions shall remain in effect and enforceable. You also understand that headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of any section. ESANCO SOLUTIONS SDN BHD’s failure to act with respect to a breach of the Agreement by you or others does not waive ESANCO SOLUTIONS SDN BHD’s right to act with respect to subsequent or similar breaches.

ESANCO SOLUTIONS SDN BHD may notify you via either email or regular mail. ESANCO SOLUTIONS SDN BHD’s website may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on its website.

The Agreement constitutes the entire agreement between you and ESANCO SOLUTIONS SDN BHD and governs your use of its website, superseding any prior agreements between you and ESANCO SOLUTIONS SDN BHD.

1. Governed Law. This Agreement shall be governed and construed in all respects in accordance with the laws of Malaysia and the parties hereto hereby submit to the jurisdiction of the Courts of Malaysia.
2. Force Majeure. We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, fire, flood, theft, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.