Terms of Service
The agreement between you and Gotka Technologies when you use our cloud hosting, domain registration and web design services.
These Terms of Service ("Terms") are a binding agreement between Gotka Technologies ("Gotka", "we", "us") and the person or business ordering or using our services ("you", the "Customer"). By creating an account, placing an order or using any Gotka service, you agree to these Terms and to the policies they incorporate: our Acceptable Use Policy, Privacy Policy, Refund Policy and Service Level Agreement. If you do not agree, do not use the services.
01The services
Gotka provides cloud web hosting, domain name registration and transfer, and website design, development and maintenance services, each as described on this website and in your order confirmation. We may improve or change the technical make-up of a service (for example server software or control panel versions) provided the change does not materially reduce what you purchased. If a change would materially reduce your service, we will give you reasonable advance notice.
02Your account
- You must be at least 18 years old and able to enter a contract, or use the services through a parent, guardian or organisation that accepts these Terms.
- You must provide accurate, current contact and billing information in the client area and keep it up to date. Official notices are sent to the email address on file and are deemed received when sent.
- You are responsible for safeguarding your client-area, cPanel, email and FTP credentials, and for all activity under your account, including activity by your staff, contractors or end users.
- Tell us immediately at support@gotka.com if you suspect your account has been compromised.
03Orders, fees and billing
- Prices are shown in Malaysian Ringgit (RM); some domain prices are also indicated in USD. The price payable is the one shown at checkout for your chosen billing cycle, plus any applicable taxes (including SST where chargeable).
- Services renew automatically at the end of each billing cycle unless you cancel beforehand through the client area. Renewal invoices are issued in advance of the due date.
- If an invoice remains unpaid after its due date we may suspend the service, and may terminate it if payment is still outstanding thereafter (see section 10). Reactivation of a suspended service may require settlement of all outstanding invoices.
- We may change prices for subsequent billing cycles. Price changes never apply mid-cycle and will be visible on your renewal invoice; where reasonably practicable we will notify you in advance.
- Promotional pricing applies to the first billing cycle only unless stated otherwise; services renew at the then-current standard rate.
04Domain names
- Domain registrations, renewals and transfers are subject to the rules of the relevant registry and registrar, and — for generic top-level domains — ICANN policies, including the Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the Transfer Policy.
- You must provide true and accurate registrant contact details and keep them current. Inaccurate registrant data can lead to suspension of the domain by the registry or registrar.
- Domains are registered for the term you select and expire if not renewed by their due date. After expiry a domain may enter a redemption period during which restoring it can attract significant additional registry fees, and after which it may be released for public registration. Keeping a domain renewed on time is your responsibility.
- Newly registered or transferred domains may be locked against transfer for 60 days under registry policy.
- Domain fees are non-refundable once a registration, renewal or transfer has been submitted to the registry (see the Refund Policy).
- You retain full ownership of domains registered in your name. We will never withhold a valid transfer-out request for a domain in good standing.
05Backups and your data
Hosting plans include automated daily backups (currently powered by JetBackup) which we keep on a rolling basis as a convenience. Backups are provided on a best-effort basis: we do not guarantee that any particular backup exists, is complete or is restorable. You remain responsible for keeping your own independent, off-server copies of your website files, databases and email. Restores from our backups are available through the client area or on request to support.
06Free migration
We will migrate existing websites from your previous host free of charge where technically feasible (cPanel-to-cPanel transfers are typically seamless). Migration depends on access and data provided by you and on your previous host's systems; we are not responsible for defects, missing data or downtime caused by the source environment. We recommend keeping your old hosting active until you have verified the migrated site.
07Acceptable use and resources
Your use of the services must comply with our Acceptable Use Policy, which is part of these Terms. Each hosting plan includes defined resource allocations (CPU, memory, entry processes, disk, inodes, bandwidth and email sending limits) enforced at server level. Sustained use beyond your plan's allocation may result in throttling; where usage repeatedly exhausts plan limits we will ask you to upgrade or optimise. Hosting storage is for content served by your websites — it may not be used as generic file storage, media archiving or off-site backup space.
08Web design services
Website design, development and maintenance work is scoped and quoted per project before work begins. Unless a separate written agreement says otherwise: you must supply content and feedback within reasonable timeframes; the number of revision rounds is as stated in the quote; and full ownership of the delivered website transfers to you on full payment, excluding third-party components (themes, plugins, stock assets) which remain under their own licences.
09Your content and our property
- You retain all rights to the content you host with us. You grant us only the limited licence needed to store, back up, cache and transmit that content in order to provide the services.
- You are solely responsible for your content and for ensuring you have the rights to publish it.
- The Gotka name, logo, website and systems, and all software we use to deliver the services, remain our property or that of our licensors. Third-party software provided with hosting (such as cPanel, LiteSpeed, Softaculous, Imunify360 and CloudLinux) is subject to its own licence terms.
10Suspension and termination
- By you: you may cancel any service at any time through the client area, effective immediately or at the end of the current billing period. Cancellation does not by itself create a right to a refund except as set out in the Refund Policy.
- By us: we may suspend or terminate a service, with notice where practicable, if an invoice is overdue; if you materially breach these Terms or the Acceptable Use Policy; if your use poses a security or stability risk to our network or other customers; or if we are required to by law or a competent authority.
- Where the cause can be remedied (for example late payment), we will normally suspend first and give you an opportunity to fix it before terminating.
- After termination, account data, files and backups are permanently deleted from our systems within 14 days. Make sure you download anything you need before your service ends.
11Service levels
Our uptime commitment and the service credits available when we miss it are set out in the Service Level Agreement. The SLA credits are your sole and exclusive remedy for availability failures.
12Disclaimer of warranties
Except for the express commitments in these Terms and the SLA, the services are provided "as is" and "as available". To the maximum extent permitted by law we disclaim all other warranties, express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the services will be uninterrupted or error-free, or that all data loss is preventable.
13Limitation of liability
To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, data or goodwill; and (b) our total aggregate liability arising out of or relating to the services in any 12-month period is limited to the fees you paid to us for the affected service in that period. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Malaysian law.
14Indemnity
You will indemnify and hold Gotka harmless from claims, losses and expenses (including reasonable legal fees) arising from your content, your use of the services in breach of these Terms, or your violation of any law or third-party right.
15Force majeure
Neither party is responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, power or telecommunications failures outside our network, war, civil unrest, labour disputes, government action, or large-scale attacks on internet infrastructure.
16Changes to these Terms
We may update these Terms from time to time. The current version is always published on this page with its effective date. For material changes we will notify you by email or through the client area before they take effect. Continued use of the services after the effective date constitutes acceptance of the updated Terms.
17General
- These Terms, together with the policies they incorporate and your order, are the entire agreement between you and Gotka regarding the services.
- If any provision is found unenforceable, the remainder continues in effect.
- You may not assign this agreement without our consent; we may assign it as part of a reorganisation or sale of the business, with notice to you.
- Our failure to enforce a provision is not a waiver of it.
- These Terms and our policies are drafted in English. Translations of website content are provided for convenience only; if there is any inconsistency, the English version of these legal documents prevails.
18Governing law
These Terms are governed by the laws of Malaysia, and the courts of Malaysia have exclusive jurisdiction over any dispute arising from them, without prejudice to mandatory consumer protections that apply in your place of residence.
19Contact
Questions about these Terms: hello@gotka.com. Service and billing matters: support@gotka.com or a support ticket.