Terms & Conditions

1. General

1.1 READ THIS AGREEMENT CAREFULLY BEFORE USING ANY STRATUS SOLUTIONS SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN THE CUSTOMER (referred to herein as “CUSTOMER”) AND STRATUS SOLUTIONS SDN BHD (hereinafter REFERRED TO AS “STRATUS SOLUTIONS”).

1.2 This Agreement is subject to change. It is the CUSTOMER’s responsibility to regularly review updates.

1.3 STRATUS SOLUTIONS reserves the right to terminate or refuse service to anyone, at any time and for any reason, including but not limited to violation of STRATUS SOLUTIONS’s Acceptable Use Policy (AUP) or Malaysian laws. If STRATUS SOLUTIONS terminates service for reasons other than AUP violations, a refund will be issued for the remaining paid period. STRATUS SOLUTIONS is not responsible for damages resulting from service termination.

2. Services

Customer agrees to subscribe to STRATUS SOLUTIONS services for the Subscription Term as stated in the order. During this term, Customer will have a nonexclusive, non-assignable, worldwide right to access and use STRATUS SOLUTIONS services solely for internal business purposes as outlined in this Agreement.

3. Termination

3.1 Agreement Term: This Agreement remains effective until terminated as per this clause.

3.2 Termination for Breach: Either party may terminate this Agreement for material breach if not resolved within thirty (30) days after notice.

3.3 Suspension for Non-Payment: STRATUS SOLUTIONS may suspend services if the CUSTOMER fails to pay undisputed amounts within fifteen (15) days of notice. Suspension does not waive payment obligations. STRATUS SOLUTIONS is not liable for claims resulting from service suspension.

3.4 Suspension for Harm: STRATUS SOLUTIONS may suspend services if CUSTOMER:
(a) causes immediate harm to STRATUS SOLUTIONS or others;
(b) subjects STRATUS SOLUTIONS to liability;
(c) engages in unauthorized access to third-party systems; or
(d) breaches this Agreement.
STRATUS SOLUTIONS will notify the CUSTOMER of suspension and work to resolve the issue promptly.

4. Customer Data

4.1 CUSTOMER retains ownership of Customer Data.

4.2 STRATUS SOLUTIONS will keep Customer Data confidential in accordance with Malaysian laws.

4.3 CUSTOMER authorizes STRATUS SOLUTIONS to use Customer Data for:
(a) analyzing and optimizing service usage;
(b) identifying trends (anonymous reports).

4.4 STRATUS SOLUTIONS shall implement reasonable security measures to safeguard Customer Data.

4.5 STRATUS SOLUTIONS ensures compliance with the Personal Data Protection Act 2010.

4.6 The data center hosting Customer Data meets strict physical and electronic security standards, including access control, monitoring, encryption, and firewalls.

5. Warranties and Disclaimers

5.1 Customer Warranties: CUSTOMER warrants that services will not be used for illegal activities.

5.2 STRATUS SOLUTIONS Warranties: STRATUS SOLUTIONS warrants industry-standard service delivery and compliance with applicable laws.

5.3 Disclaimer: STRATUS SOLUTIONS DISCLAIMS ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6. Limitation of Liability

6.1 STRATUS SOLUTIONS’s liability is limited to direct damages, capped at the total fees paid by CUSTOMER in the past twelve (12) months.

6.2 STRATUS SOLUTIONS is not liable for indirect, consequential, or punitive damages.

7. Indemnification

7.1 By STRATUS SOLUTIONS: STRATUS SOLUTIONS will indemnify CUSTOMER against claims of intellectual property infringement, provided proper notice and cooperation are given.

7.2 By CUSTOMER: CUSTOMER will indemnify STRATUS SOLUTIONS against claims arising from misuse of services or data.

8. General Provisions

8.1 Force Majeure: STRATUS SOLUTIONS is not liable for performance failures caused by events beyond its control.

8.2 Governing Law: This Agreement is governed by Malaysian laws.

8.3 Dispute Resolution: Unresolved disputes will be referred to arbitration under AIAC rules in Malaysia.

8.4 Assignment: Rights and obligations cannot be assigned without prior written consent.

8.5 Entire Agreement: This Agreement supersedes all prior agreements. Changes must be in writing.

8.6 Severability: Invalid provisions will not affect the enforceability of the remaining terms.

8.7 Notice: Notices shall be sent via personal delivery, mail, or email to the parties’ provided addresses.

8.8 Relationship: This Agreement does not create a partnership or employment relationship.

8.9 Waiver: Delays or failures in exercising rights do not constitute waivers.