Last Updated: January 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer") and Epiture (operating under Pluxcon Co., Ltd.) regarding your use of our IP Transit, Colocation, and System Integration services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not use our Services.
We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or through our customer portal. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.
We provide global IP transit connectivity with BGP routing capabilities. Services include bandwidth provisioning, routing support, and network monitoring. Specific bandwidth commitments and service levels are defined in individual service orders.
We provide secure data center space, power, cooling, and physical security for customer equipment. Services include rack space allocation, power delivery, environmental monitoring, and 24/7 facility access subject to security protocols.
We provide custom IT infrastructure design, implementation, and optimization services. Specific deliverables, timelines, and acceptance criteria are defined in individual Statement of Work (SOW) documents.
To use our Services, you must create an account and provide accurate, complete, and current information. You are responsible for:
For business accounts, you represent and warrant that you have the authority to bind your organization to these Terms.
Service orders are submitted through our customer portal or sales team. Each order must specify the requested services, capacity, location, and contract term. Orders become binding upon our written acceptance.
We will use commercially reasonable efforts to activate services within the timeframes specified in your service order. Activation timelines may vary based on service complexity, location, and technical requirements.
Unless otherwise specified in your service order, the minimum contract term is 12 months. Services automatically renew for successive 12-month periods unless either party provides written notice of non-renewal at least 30 days before the end of the current term.
Fees for Services are specified in your service order and on our pricing page. All fees are exclusive of applicable taxes, which will be added to invoices as required by law.
Unpaid invoices are subject to a late fee of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts with invoices overdue by more than 15 days.
Fees are non-refundable except as required by law or as specified in our Service Level Agreement. Setup fees, installation charges, and prepaid service fees are non-refundable.
We commit to 99.9% network uptime for IP Transit and Colocation services, measured monthly. Uptime excludes scheduled maintenance and events beyond our reasonable control.
We will provide at least 7 days advance notice for scheduled maintenance that may impact service availability. Emergency maintenance may be performed with shorter notice when necessary to maintain security or stability.
If we fail to meet the 99.9% uptime commitment, you may be eligible for service credits. Credit amounts and claim procedures are detailed in our SLA documentation available in the customer portal.
As a customer, you are responsible for:
All intellectual property rights in the Services, including software, documentation, trademarks, and service marks, remain the exclusive property of Epiture and its licensors. These Terms do not grant you any ownership rights.
You retain all ownership rights to your data and content. By using our Services, you grant us a limited license to host, store, and transmit your data solely to provide the Services. We will not access, use, or disclose your data except as necessary to provide Services or as required by law.
We are committed to protecting your privacy and personal data. Our data collection, use, and protection practices are described in our Privacy Policy, which is incorporated into these Terms by reference.
We comply with applicable data protection laws, including the Korean Personal Information Protection Act (PIPA). For customers processing personal data through our Services, we will enter into appropriate data processing agreements as required by law.
We may immediately suspend your Services without prior notice if:
You may terminate Services at the end of your contract term by providing written notice at least 30 days in advance. Early termination may be subject to early termination fees as specified in your service order.
We may terminate your Services for cause (including non-payment or AUP violations) with 30 days written notice. We may terminate Services without cause at the end of your contract term with 90 days written notice.
Upon termination, you have 30 days to retrieve your data from our systems. After this period, we may permanently delete your data. We are not responsible for data loss resulting from termination.
SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT AS SPECIFICALLY STATED IN OUR SERVICE LEVEL AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPITURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total cumulative liability for all claims arising from or related to these Terms or the Services shall not exceed the amount you paid to us for Services in the 12 months preceding the event giving rise to liability.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, government actions, internet or telecommunications failures, or failures of third-party service providers.
You agree to indemnify, defend, and hold harmless Epiture, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the term of this agreement. Confidential information includes pricing, technical specifications, business strategies, and customer data.
This obligation does not apply to information that: (a) is publicly available through no breach of this agreement; (b) was rightfully known prior to disclosure; (c) is independently developed; or (d) is required to be disclosed by law.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to conflict of law principles.
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Seoul, Republic of Korea.
Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good faith negotiations. Either party may initiate negotiations by providing written notice of the dispute to the other party.
These Terms, together with our Acceptable Use Policy, Privacy Policy, and any applicable service orders or SOWs, constitute the entire agreement between you and Epiture regarding the Services and supersede all prior agreements and understandings.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.
All notices under these Terms must be in writing and sent to the email addresses or physical addresses registered in your account. Notices are deemed received when delivered by email or three days after mailing.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
By using Epiture services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.