Terms and Conditions

1. About Top Modern Technology – If you have any suggestions or comments please contact us by filling this contact form.

2. Acceptance of Terms – When you access this site or when you contact or email us in anyway or any method of communication to request a quotation or any information regarding the products and services we offered, and you get in any form of reply from Top Modern Technology, you acknowledge that you have read and agree to the terms described below and in any other website that are owned by Top Modern Technology. If you do not agree to the terms discussed here, you should exit the site and refrain from placing any order. These terms of use are a legal agreement between us and describe the terms and conditions applicable to your use of our website and the services we offer including the sale of products to consumers. You must read, agree with and accept all of the terms and conditions contained in this terms, condition, agreements and our Privacy Policy. This agreement includes those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that you also access and read any other information contained on other pages or websites referred to in this agreement, as they may contain further terms and conditions that apply to you.

It is your responsibility to make sure that your order contains acceptable and approved items for import into the country of destination/delivery. The buyers solely accept the full risk of any package (or part thereof) being detained by customs for whatever reason and acknowledge and agree that they will not hold Top Modern Technology liable for such packages, for whatever reason being unable to be delivered to their destination.

Your Conduct and Use Limitation – You shall not carry out any act or omission or procure any act or omission which would:

(a) disrupt, impair or interfere with, alter or modify this website or its software;
(b) act in a way that affects or reflects negatively on us or anyone else;
(c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent;
(d) engage in any activities in such a manner as to expose Top Modern Technology or any third party to liability or adversely affecting the name, reputation or business of us or any such third party;
(e) commit a crime or in the course of committing a crime or for an unlawful purpose to do any act that may damage the network or systems or cause the quality of Top Modern Technology to be impaired;
(f) violating or attempting to violate the security of the website;
(g) Cause any illegal, offensive, defamatory material to be placed on or associated with this website;
(g) b in breach of any copyright, trade mark, privacy, confidence, or any other third party right;
(h) cause any inconvenience to Top Modern Technology, its employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and ‘spam’).

NOTE: Violations of system or network security may result in civil or criminal liability.

3. Back Orders – Occasionally, one of the products you have ordered may be out of stock. If this happens, you will always be emailed with the option for you to cancel your order or change your order should you prefer not to wait. You must therefore provide us with your e-mail address when ordering. If you decide to wait for an order, please be aware that you may have to wait longer than the delivery schedule times stated above.

4. Changes to Products – Top Modern Technology may make changes to any products offered at Top Modern Technology sites, or to the applicable prices for any such products, at any time, without notice. The information provided at Top Modern Technology with respect to products may be out of date and Top Modern Technology makes no commitment to update the information provided at Top Modern Technology with respect to such products.

5. Changes to the Top Modern Technology Terms of Use – Please check our Terms of Use periodically for changes as we reserve the right to change the terms and conditions of sale at any time.

6. Colours – Every effort has been made to reflect product colours as accurately as possible. However, due to differences in monitors, we are unable to guarantee that the colour you will see on your monitor will accurately reflect the true colour of the product. All drawings, photos, descriptive matter, specifications and advertising issued on this website are issued or published for the sole purpose of giving an approximate idea of the products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.

7. Custom Rights:
The customer who purchases the products is responsible for paying these customs rights, and of the possible paperwork involved.

The price of the products sold is in MYR and it doesn’t include taxes (VAT).

Customers are required to keep close track on their packages. If there is any delay in receiving a package, you will need to contact the designated courier services agency or immediately inform Top Modern Technology in order to ascertain the reason for the delay.

We will not be responsible or liable if the package is shipped back to us, damaged or confiscated due to problems with custom clearance. Therefore, please check with your country’s custom for their specific custom laws.

We will not be responsible or liable for damaged packages or those shipped back to us in the event that the designated courier service fail after several attempts to deliver your package(s) due to your absence to collect the package(s) from the given destination address.

The responsibility of the seller stops when the product has been shipped off to the address specified by the customer.

It is clear however, that we will do our best to help you in getting your product out of customs if additional proof of sale or of value is needed.

8. Currency – We currently only accept Ringgit Malaysia and shall accept RM as the official currency for all calculations.

9. Damage or Declared Goods – DHL, FEDEX, UPS and USPS will only cover the actual goods value if the package is damaged by the shipping agent during the transporting of your goods. (We would not be held responsible if you’ve requested for us to change the invoice value).

You are required to make a report to us on damaged item(s) in your package within 24 hours after you have received the package. We will not entertain any request if more than 24 hours after you have received the package.

10. Delivery:
We shall endeavour to deliver your order within 1 – 14 working days upon successful payment confirmation unless otherwise specified. You should be able to receive your order within 3-25 working days (excluding Saturday, Sunday or Public Holiday) after shipment date, depending on the shipping courier you have chosen.
Top Modern Technology is committed to ensure that your orders are delivered to you safely and on time. Therefore, only the authorized receiver shall be permitted to accept the delivery. Please make sure that the authorized receiver is present to make the authorized signature.

Top Modern Technology reserve the rights not to release the delivery in the absence of the authorized receiver. Top Modern Technology is making every effort to deliver your order within the time stated. However, due to certain unforeseen circumstances, slight delay in deliveries might occur, Top Modern Technology will not be liable for any loss caused to you by late or delayed delivery.

In the event if your package is lost by the shipping courier and your package has not been insured, we will only replace the lost products with the amount that is declared on the invoice according to your request.

11. Disclaimer – THIS SITE IS PROVIDED BY TOP MODERN TECHNOLOGY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOP MODERN TECHNOLOGY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOP MODERN TECHNOLOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TOP MODERN TECHNOLOGY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE TOP MODERN TECHNOLOGY WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

12. Guarantee – Every effort is made to ensure your satisfaction at Top Modern Technology. If you are not happy with our service or product, please contact us and we will do our best to sort out the problem.

13. Indemnification – You agree to defend, indemnify and hold harmless Top Modern Technology and its affiliates from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this site.

14. Indemnity – In the event that you breach any of these terms, you will indemnify and keep indemnified Top Modern Technology, its subsidiaries, associated companies, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these terms and conditions.

15. Laws – To the extent permitted by law, all sales at Top Modern Technology are governed by Malaysia law, without giving effect to its conflict of law provisions.

16. Limitation of Liability – Top Modern Technology is not liable for any direct, indirect, special, incidental or consequential damages arising out of the use or the inability to use, the products on this site. This include but is not limited to the loss of data or loss of profit, even if Top Modern Technology was advised of the possibility of such damages.

17. Special Services – Top Modern Technology also offered special services such as web services which include the offering of domain name, web hosting, vps hosting, web security, web managing and other services that fall under the same category. Thus this special services have an extra rules, regulations, terms and condition as stated below;

All services provided by Top Modern Technology may only be used for lawful purposes. The laws of the Malaysia are applied.

The customer agrees to indemnify and hold harmless Top Modern Technology from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be charged an administrative fee and can result in termination of your account. If you believe that your copyright or trademark is being infringed upon, please email dmca@tomote.com with a valid DMCA request. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, any backups, including cPanel Backups will be automatically deleted from our servers.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Released Items
  • Public Proxy Scripts/Anonymizers (Unless they are for your private use only)
  • Pirated Software/Warez (Linking to pirated software is also not allowed, this includes sites such as MegaUpload, RapidShare, etc.)
  • Image/File hosting
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Gambling/Casino Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Bulk Email Scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Sites that advertising any medication or materials or in any form of statement or article that violating Malaysian Law as listed in MEDICINE ADVERTISEMENTS BOARD REGULATIONS 1976 and ACT 290
    MEDICINES (ADVERTISEMENT AND SALE) ACT 1956 (REVISED – 1983)
  • Sites that are in anyway publish any content that against any Malaysian Laws, Rules and Regulation.

Examples of unacceptable material on all Dedicated (VPS) servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Nulled Scripts/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Bulk Email Scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Sites that advertising any medication or materials or in any form of statement or article that violating Malaysian Law as listed in MEDICINE ADVERTISEMENTS BOARD REGULATIONS 1976 and ACT 290
    MEDICINES (ADVERTISEMENT AND SALE) ACT 1956 (REVISED – 1983)
  • Sites that are in anyway publish any content that against any Malaysian Laws, Rules and Regulation.

Top Modern Technology services, including all related equipment, networks and network devices are provided only for authorized customer use. Top Modern Technology systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Top Modern Technology system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Top Modern Technology may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on Top Modern Technology service(s) are regulated only by Malaysian law. Given this fact, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Top Modern Technology is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a Malaysian Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

IT services providers like Top Modern Technology and many of Top Modern Technology other webhosting services and brands are re-publishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Top Modern Technology should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Top Modern Technology service(s).

If in doubt regarding the acceptability of your site or service, please contact us at abuse@tomote.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the Law Enforcement in Malaysia.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

18. Linked sites – Top Modern Technology may contain links to other Internet sites (“linked sites”). Top Modern Technology does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided merely for your convenience. You are solely responsible for understanding any terms and conditions that may apply when you visit or place orders with the linked sites.

19. Making A Purchase – You are never under any obligation to purchase anything at the online shop, so feel free to browse the products on sale. If you decide that you would like to purchase a product, you can do so easily! Simply sent your inquiries and wait for our response.

20. Miscellaneous – (1) If any of the aforementioned terms are held to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable terms will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect; (2) Top Modern Technology failure to insist on or enforce strict performance of these terms shall not be construed as a waiver by Top Modern Technology of any provision or any right it has to enforce these terms, nor shall any course of conduct between Top Modern Technology and you or any other party be deemed to modify any provision of these terms.

21. Missing Item – You are required to report missing item in your package within 24 hours after you have received the package. We will not entertain any request if more than 24 hours after you have received the package.

22. Modification – Top Modern Technology reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to Top Modern Technology, or to any portion of Top Modern Technology, for any reason whatsoever; and (2) to interrupt the operation of Top Modern Technology, or any portion of Top Modern Technology, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

23. Non-acceptance of Order – Order acceptance and the completion of the contract between you and us will take place on the dispatch of the Products ordered to you unless we have notified you that we do not accept your order.

Non-acceptance of an order may be a result of one of the following:
• The product that you have ordered is unavailable in stock
• Our inability to obtain authorization for your payment
• The identification of a pricing or product description error

24. Order Cancellation – Unless otherwise specified for particular products, we shall refund you your payment if you decide to cancel your orders within twenty-four (24) hours after your order has been confirmed and prior to shipment except for the transaction fees charged by the credit card company which is non-refundable.
If you decide to cancel your orders twenty-four (24) hours after your order has been confirmed and prior to shipment, we shall deduct a minimum of RM 50.00 from your payment as administrative fees in addition to the transaction fees charged by the credit card company. The balance after deduction of the administrative fees and the transaction fees will be refunded to you.

ONCE YOUR ORDER HAS BEEN SHIPPED YOU ARE NOT ABLE TO CANCEL YOUR ORDER. WE WILL NOT REFUND YOUR PAYMENT EVEN IF YOU RETURN THE PRODUCTS TO US.

25. Our Policy on Out of Stock Items

Scenario 1:
All the products were in stock when your order was confirmed, but after your payment was confirmed, one of the products in your order went out of stock.
In this case we will ship all the in-stock products that you have ordered first and for products which are out of stock, we will ship it to you immediately once the next shipment of stock arrives or we will refund to you for those items out of stock.

Scenario 2:
The product was already out of stock when you made the order.
In this case we will ship all products in the order only when the new stock for the out of stock product arrives However, in some situations we might ship the products that are available first.

26. Payment – Top Modern Technology accepts via check, Online Transfer or Bank in directly to our account only.

27. Privacy Policy – Please refer here for our privacy policy.

28. Refund Policy – Refunds will be given at the discretion of Top Modern Technology management.

For you to receive your refund, you can expect a timeline between 14 – 30 working days upon refund confirmation. This is a standard internal procedure that is taken at Top Modern Technology to ascertain accurately the reason of the refund and the processing time between departments.

We will refund you the full amount of the purchase excluding the processing fee / bank charges that was incurred for your purchase.

29. Relationship – Nothing in this agreement shall create or be construed to imply any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

30. Reporting Intellectual Property Infringements – If you believe that your intellectual property rights have been infringed, kindly email us at wecare@tomote.com. Please note that only the intellectual property rights owner can report potentially infringing products to us.

31. Shipping and Handling – Orders will be charged packing and post based on the weight of the order. Packing and post costs will be added to your order total. Please note that due to varying size and weight of our products, and different postage rate to each country, the postage and packing costs will be calculated on an individual basis. The item will be shipped or sent to your email once payment is fully received on our account. Once your package has been shipped out, we shall not be held responsible/liable if any of the products are missing or damaged during shipping. Top Modern Technology recommends that you insure your packages and declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in shipping. Please check your delivery address carefully as we will not be responsible for delivery to an incorrect address. The customer shall be responsible for the cost to resend a package that is returned because of an incorrect address.

The shipping cost that you paid does not includes tax and duties or any other extra charges impose by your local custom.

If you have instructed us to create a lower value invoice for you and in the event that the parcel or package is lost during shipment, Fedex, DHL, UPS or any shipping agents shall only compensate on the lower invoice value for your order that you instructed us to put.

We reserve the right to put whatever amount of this order value in the shipping invoice if there is no request to change the order value or even if you have state an order value for us.

We do not entertain request for shipping packages in multiple parcels.

32. Tax and Duty – Any taxes and import duties are not included. Please check your government policy on import duties and taxes before you proceed to purchase.

We shall not be responsible for any import taxes or duty under any conditions even if you have instructed us to change the invoice value or product description.

33. Shipping Insurance – We did not in any way offer any kind of insurance for the shipping unless we being requested by you.

34. Termination and Suspension – We may immediately issue a warning, suspend or terminate your use of Top Modern Technology and deny your access to all or part of the website or refuse to provide our services to you without notice if: (1) You are in breach of any part of the terms; (2) We believe that your actions may cause legal liability for us, you, or any other user.