WGS SaaS Agreement

This Agreement was last updated on October 13, 2014

Object of the Agreement

  1. The object of this Agreement is the registration for the use of the WGS SaaS. Buying and registration for the use of the WGS SaaS gives certain rights and obligations to the buyer and to PT. Walden Global Services
  2. The following conditions apply to registration for use of WGS SaaS; no subsidiary verbal Agreements shall be recognized.

Definitions of the Agreement

  1. Customer: The customer is the business entity buying the WGS SaaS.
  2. User(s): User and users are the employees of the customer (business entity) who have been signed up to use the WGS SaaS.

Acceptance of Terms

  1. In order for you to make use of WGS SaaS, it is required that you agree to all of the terms and conditions of this Agreement.
  2. This Agreement states the terms and conditions under which WGS SaaS is provided. In addition to these terms and conditions, you shall be bound by any additional terms, guidelines or rules that may appear throughout the WGS SaaS website, which are incorporated herein by reference.
  3. Any modifications or enhancements to the WGS SaaS shall be governed by the terms and conditions of this Agreement. Your use of WGS SaaS constitutes your binding acceptance of these Terms, including any modifications that we may make.

Registration

  1. You agree to provide accurate, current and complete information about yourself or your company as requested on the WGS SaaS registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete.
  2. By accepting the terms and conditions of this Agreement, you also represent and warrant that you are 18 years of age or older and that if you have accepted the terms and conditions of this Agreement on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.
  3. If you provide information that is untrue, inaccurate, not current or incomplete, WGS may suspend or terminate your account, and refuse any and all current or future use of the WGS SaaS.

Customer’s Obligations

  1. After you register on the WGS SaaS website, you will receive login names and passwords for your use of WGS SaaS.
  2. You are responsible for keeping your login names and passwords confidential.
  3. You will be responsible for all uses of your password and account. You will immediately notify WGS of any unauthorized use of your password.
  4. Pay the charges with a nominated debit/credit card or bank payment to a nominated bank account.
  5. WGS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Users’ Obligations

  1. Only use WGS SaaS for legitimate personal or business use;
  2. Not use WGS SaaS to commit or encourage a criminal offense;
  3. Not use WGS SaaS to send pro-actively, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, harmful to minors or in breach of confidence, copyright, privacy or any other rights;
  4. Not use WGS SaaS to do anything which is contrary to the acceptable use policies of any connected networks and Internet standards;
  5. WGS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
  6. Not use WGS SaaS to insert or knowingly or recklessly transmit or distribute a virus;
  7. Not seek unauthorized entry into WGS SaaS;
  8. Not hack into any aspect of WGS SaaS;
  9. Not knowingly corrupt data;
  10. Not circumvent, or attempt to seek to circumvent, any of the security safeguards of WGS SaaS or any of its service partners;
  11. Not use any domain name or mailbox name within WGS SaaS so as to infringe upon the rights of any other person whether in statute or common law, in a corresponding trade mark or name;
  12. Not use WGS SaaS to send or provide any unsolicited advertising or other promotional material, commonly referred to as "spam" by email or by any other electronic means;
  13. Not use WGS SaaS to send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities;
  14. Not use WGS SaaS in a way that does not comply with the terms of any legislation or any license applicable to you or that is in any way unlawful;

Indemnity

  1. You will indemnify and hold harmless WGS and its service partners from and against any and all losses, liabilities, damages, costs, expenses, actions and claims of whatever nature or kind arising out of or in connection with your access to and use of the Service.

WGS Obligations

  1. Provide you with login details that are specific to your use of WGS SaaS;
  2. Provide you with access to the WGS SaaS via a website address and login details that are specific to your use of the service;
  3. Provide a service as defined in the WGS SaaS service offer, which is published separately on the WGS SaaS website;
  4. Invoice you for the Charges incurred through the use of WGS SaaS by your Users and collect or require payment for the charges within ten days of the invoice date;
  5. Regularly update the WGS SaaS, including, but not limited to, updating the application designs and features;
  6. Handle any personal information you might supply to us when you use WGS SaaS in accordance with the WGS Privacy Policy, which can be found on the WGS SaaS website

Changes to this Agreement

  1. WGS has the right to change this Agreement at any time. The customer shall be informed 30 days prior before the change gets into effect.
  2. The customer may object to the change within 30 days after being notified. If no objection is received at WGS before this deadline, the changes shall be deemed to have been accepted by the customer and shall become part of the contract.
  3. This shall not affect the customer’s right to terminate the contract according to the standard procedure as a result of changes, with a notice period of 1 month to the end of a calendar month.

Charges

  1. The charges for the WGS SaaS can be found separately on the WGS website.

Customer Support

  1. Customer support will be provided to the customer by WGS in accordance to the service Agreement stated on the WGS SaaS website.
  2. Customers have full ownership of their data. It is housed on server storage arrays owned by Amazon Web Services, Singapore, however the data is legally owned by the customer and retains the full rights and privileges that come along with the ownership of the data. The customer can request, at any time, to transfer, remove, copy, or modify its data and our technical team will do whatever is necessary on our end to honor the request.
  3. WGS SaaS databases are only accessed for regular maintenance and security checks. Access to production databases is restricted to a limited number of support managers and access points.

Duration of the Contract and Termination

  1. The initial term is agreed upon during registration.
  2. This Agreement will run from the effective date stated in the registration process and will continue for the selected period unless terminated by either of us as set out in this Clause.
  3. We may also terminate this Agreement or suspend the performance of the service to you, at our sole discretion, immediately and without notice if:
    • i) you breach this Agreement; or
    • ii) bankruptcy or other insolvency proceedings are brought against you; or
    • iii) you are no longer able lawfully to receive the Service; or
    • iv) we do not receive payment of the Charges due within 30 days of the due date.
  4. The customer may also terminate this Agreement upon material breach of WGS, if such material breach remains uncured for thirty (30) days following written notice to WGS. This cure period shall be extended by delay caused by events beyond the control of WGS including, but not limited to, natural disasters, governmental prohibitions or regulations, viruses that did not result from the acts or omissions of WGS, or technical faults of WGS’s service providers or vendors. After the initial term, customer may terminate this Agreement upon fourteen (14) days written notice to WGS.

Duration of the Contract and Termination

  1. Governing Law. This Agreement will be governed and construed in accordance with the laws of the state of West Java, Republic of Indonesia. Both parties agree to submit to personal jurisdiction in West Java and further agree that any cause of action or dispute arising under this Agreement will be litigated or arbitrated in the state of West Java, Republic of Indonesia.
  2. Severability and Waiver. If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
  3. Relationship of Parties. No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.
  4. Attorneys Fees and Costs. In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, parties agree to bear their respective legal costs, in addition to court costs, to such reasonable attorneys' fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.

Copyright © 2014 PT. Walden Global Services All Rights Reserved.


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