The Client appoints WiCAM, which hereby agrees to supply the required services to the Client on the terms and conditions as set out in this agreement. In consideration for the services supplied, the Client agrees to pay WiCAM the required subscription fees.
2. Commencement, Duration, Subscription Fees and Termination
This agreement, for the provision of the above services, shall commence on the connection date, notwithstanding the date of signature hereof, and shall continue indefinitely until terminated in writing by either party providing 15 calendar days’ notice of such termination. During the term of this agreement, WiCAM shall be entitled to increase or decrease the subscription fees payable by the Client on the provision of 15-days’ notice, which may include written notice or email notification.
Upon commencement of services, the Client will automatically be under subscription to WiCAM for duration of 6 months if not otherwise informed.
The Client’s subscription to WiCAM services will automatically be renewed after the agreed service duration has been met if the Client does not inform Wicam of termination or alterations.
In the given scenario where WiCAM receives knowledge that The Client is transmitting spam or any form of virus to WiCAM. Termination of subscription services will take place.
Fees are payable monthly in advance.
The Client shall undertake payment to WiCAM's office location.
The Client's written consent is required to authorize WiCAM to upgrade / add additional services to this agreement thereby increasing the stipulated subscription fees. The effective date in respect of the new / upgraded services shall be the connection date of the services.
Should any connection date be any date other than the first day of the month, WiCAM shall charge the Client pro rata subscription fees for the respective month.
The Client shall not be entitled to a setoff, discount or refund of any subscription fees in respect of any suspension or delay of any service or for any other reason whatsoever.
If the payment is not received in full within the stipulated period, Wicam shall be entitled to decline, refuse and/or halt the services until full payment is received, and this right to decline, refuse and / or halt the services shall not be valid reason in itself for withholding or reducing any payment due. A reconnection fee shall be charged by WiCAM to the Client.
4. Disclaimer for Liability
WiCAM will not be liable for any damages or losses of whatever nature (whether direct, indirect, or consequential), which may be incurred by the Client arising out of the provision of any services relating to this agreement or out of any other cause whatsoever.
Because of the need to conduct maintenance, repair and/ or improvement work from time to time on the technical infrastructure by means of which the services are provided, the provision of the services may be suspended from time to time with a fifteen (15) day notice via SMS and e-mail, and WiCAM, its servants, agents and sub-contractors are exempted from all liability for any loss or damage (whether direct or consequential) and/or for any costs, claim or demands of any nature to the Client and/ or any third party arising from such suspension. Where circumstances permit, Wicam shall use its best endeavors to provide prior notice of any such suspension to the Client.
The Client hereby indemnifies WiCAM and holds WiCAM harmless against any claim by any third party arising directly or indirectly out of the Client’s access to or use of the services or information obtained through the use of the services, including without limitation any claim due to the use of the services for unlawful purposes.
5. Email Virus Protection and Email Spam Protection
The Client authorizes WiCAM to access and process the Clients email and information to the extent necessary for the proper functioning of the email virus protection and email spam protection software; and in order to provide support, maintenance and reports on the operation of and changes to the email virus protection and email spam protection.
As software is inherently complex and may not be completely free of errors and because of the nature of the internet, email and viruses, the Client accepts that email virus protection and email spam protection software may not always provide the desired outcome.
Email virus protection comprises the use of the email virus software to scan the Clients incoming email for viruses and to delete any that contain viruses. At discretion of Wicam, in some cases a virus may be removed, in others, the affected email and/ attachment may be deleted completely.
WiCAM does not warrant that it will identify or provide protection against all viruses.
WiCAM does not monitor or provide any protection in respect of outgoing mail from the Client. Nor in respect of viruses which may be introduced by other means.
6. Help Desk and Call Centre
WiCAM does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the equipment, software or services or their suitability for any intended purpose, whether that purpose is notified to Wicam or not.
WiCAM does not warrant or guarantee that the information transmitted by the use of the services will be preserved or sustained in its entirety, will be suitable for any intended purpose, will be free of inaccuracies or defects or bugs or viruses of any kind.
The Client must abide by the law of The Kingdom of Cambodia in any way or form correlated with the Terms and Conditions.
The Client shall allow WiCAM, its servants, agents and sub – contractor's access to the Client's premises at all reasonable times in order to install, maintain, monitor, inspect, replace or remove the services.
The Client will be held responsible for all communication services and facilities, including with limitation telephone facilities and lines, required for services to be rendered by WiCAM. WiCAM shall not be responsible or liable in any manner whatsoever to the Client and/ or any third party for any failure of such service or facility.
The Client shall be solely responsible for applying for, installing and maintaining, as well as all costs and charges relating to, the Client’s Internet Service, to enable WiCAM to provide the services.
The Client may not at any time use the services in contravention of any Cambodian law. In particular, the Client undertakes to familiarize itself and ensure that it is kept continuously appraised of all Cambodian law in force from time to time, which has any bearing on the services and/ or their use. WiCAM has no obligation to assist the Client in this regard.
This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreement, representations or warranties between the parties other than those set out herein will be binding on the parties.