Terms and Conditions

Zahir Online Terms and Conditions

Updated on August 17, 2016

PREFACE

These Terms and Conditions are available to deploy our obligations as a Product and Service Provider and your obligations as a Customer.
These Terms are applicable when you are connected to any Zahir Online services.

Zahir Online Services may change from time to time in accordance to company policy by considering positive feedback from Users or others to improve our products and service systems.

The purpose of these Terms and Conditions are not to answer any questions or indicate any issues that may arise from using Zahir Online services or products.

Zahir Online reserves the right to change these Terms and Conditions at any time, and shall be applied when the revised or latest Terms and Conditions are published in Zahir Online website.

Zahir Online will manage to announce you the changes via email, website notifications, or others. These Terms and Conditions will be possibly changed periodically, and it would be your responsibility to read, understand, and agree the latest Terms and Conditions as available on our website.

There are 2 types of Zahir Online packages, that is Zahir Online Subscription which is users subscribe it for specified period and Zahir Online on Premise which is on purchase system.

These terms and conditions refer to emphasizing the Access and Use of Zahir Online Subscription Services.

By signing-up to use Zahir Online Subscription Service, you declare that you have read and understood these Terms and Conditions and considered to have the authority to act on yourself, representing a person or group, organization, or other listed entities in our services.

A. Interpretation

  1. Agreement – means these Terms and Conditions;
  2. Access Charges – means Charged Fees based on the period selection (including tax) that you must pay in accordance to price list or listed fees on Zahir Online website (Zahir Online reserves the right to change it anytime and we will notify you)
  3. Confidential Information – involves all information as distributed by these parties to this agreement, in form of writing, electronic, or verbal, and including this service but excluding information that has become or will be made published in public, excluding those disclosed or unlawfully disclosed by other parties or users;
  4. Data – means any entered or attached data on the website on your authority.
  5. . Intellectual Property Rights – means any patent, trade mark, service brand or service, copyright, design, knowledge or other intellectual or other property rights registered or unregistered;
  6. Services – means accounting systems, operational assistance and other provision services (and could be changed or updated regularly) through the website;
  7. website – means the internet site at www.zahironline.com or other internet sites managed by Zahir Online or PT Zahir Internasional;
  8. Zahir Online – means PT Zahir International as registered in the Republic of Indonesia;
  9. Users Invited – means any person or entity, other than Subscriber, who uses services periodically with the customer’s permission;
  10. Customer – means any person, or on behalf of any person, organization or entity, who signs up to use the Services;
  11. You – means Customer or User Invited

B. Software Application

  1. Zahir Online authorizes you to access and utilize Zahir Online Services through our website in accordance to the determined user role, based on your selected service type. This right is non-exclusive, non-transferable and restricted by and contingent on this agreement. You acknowledge and agree to any written agreement applicable between Customer and User Invited, or any applicable law:
    • . that it is the Customer’s responsibility to determine who has access as Invited User and their roles type and rights they must access the data type you have;
    • that Customer’s responsibility for all service usage by Invited users;
    • That it is the Customer’s responsibility to control every access level for Users Invited to the relevant organizations and services at any time, and may withdraw or alter the access or access level of the User Invited at any time for any reason in any case;
    • If there is a dispute between Customer and User Invited regarding the access to any organization or service, Customer shall make decisions and regulate access or access level to data or services which the User Invited have if any.

C. Your obligations

  1. Payment obligation
    1. An Access Fee billing will be issued monthly, starting from one month since the date you started Zahir Online Services subscription. All bills will cover the Access Fee for the previous months of usage period. Zahir Online will continue to bill you on monthly basis until this agreement is terminated under article 8.
    2. Zahir Online will send you the bills or to the billing contact you have provided via email. You must make the payment for all the listed amounts on your bill before passing the invoice due date, that must be settled within 7 days from the time Zahir Online sends you the charge. You have a responsibility to pay all taxes and dues added to the Access Fee. You are also required to keep a proof of the transaction. Should the service be terminated before payment is made, we will activate the service within 2 business days.
  2. General Liability
    1. You must make sure that you only use the Service and Website for your internal business legitimately, with these Terms and Conditions and notifications announced by Zahir Online or the terms listed on the website. You are allowed to use the Service and the Website on behalf of another person or entity, or to provide services to them, but you must ensure that you have the authority to do it, and all parties that receive the Services through you are fulfill and agree to all the terms of this Agreement applied to you;
  3. Access Requirements
    1. You must ensure that all required usernames and passwords to access Zahir Online Services are safely stored and confidential. You must notify Zahir Online immediately for any unauthorized use of your password, or any other breach of security occurred, and Zahir Online will determine your original password, and you must perform all other actions as determined by Zahir Online to maintain or enhance the computer security system and Zahir Online network, and your access to our Services.
    2. As a condition of these Terms, when accessing and using Zahir Online Service, you are required to:
      • Do not attempt to impair the security or integrity of the Zahir Online computer system or network, or if the Service is hosted by third parties, the third-party computer systems or networks;
      • Do not use or misuse the Zahir Online Service in any way that may interfere with other users’ ability to use the Service or Website;/li>
      • Do not attempt to gain unauthorized access to any material other than the clearly stated that you have obtained permission to access it, or to access our computer system where the Service is hosted;
      • Not submitting or posting to the Web Site: any files that may cause computer damage or other person software, insulting materials, or material or violation Data (including Data or other material protected by copyright or business confidential in which you have no right to use it);
      • Not attempt to modify, copy, duplicate, disassemble, or reverse engineer any computer program used to provide Zahir Online Services, or to use the Website outside of the intended and intended use.
  4. Restrictions on Use
    1. The use of Zahir Online Services may be limited to the scope, but not limited to the number of monthly transactions and allowed calls allowed to Zahir Online application programming interface. Should there applicable, such
  5. Terms of Communication
    1. As a condition of these Terms, if you use any communication device available through the Website (such as any forum or chat room) you agree to apply the communications devices for a legitimate purpose only. You are not permitted to use such communications devices to install or distribute any unrelated material to the use of the Service, including (but not limited to): offering products and services for sale, unsolicited commercial e-mail, files that may harm other users of the Service or Website, or material that violates any law (including material protected by copyright or business confidential in which you do have the right to apply them).
    2. When you conduct any communication forms on the Website, ensure that you are justified in making such communications. Zahir Online is under no obligation to ensure that communications on the Website are valid and true, or that they are related only to the use of the Service. Zahir Online reserves the right to remove any communications at any time in its sole discretion
  6. Compensation Responsibility
    1. You discharge Zahir Online from any claims, lawsuit, damages, damages and losses because of your violation towards the established Terms and Conditions in this Agreement, or any liability you may have to Zahir Online, including (but not limited to) any costs related to the any Access Fees acquisition due date, yet have not been settled.

D. Confidentiality and Privacy

  1. Confidentiality
    1. Each party undertakes to keep the confidentiality of all other Party’s Confidential Information in respect of this provision. Each party WILL NOT, without the written agreement of the other party, disclose or give Confidential Information to anyone, or use it for his / her own interest, other than as intended by this provision. The obligations of any party to this provision shall be maintained even after terminating this term. The provisions of the article do not apply to information that:
      • Has become common knowledge besides violation of this provision;
      • Accepted from the third party that legally obtains it, and has no obligation to limit its disclosure;
      • Developed independently without any access to Confidential Information.
  2. Privacy
    1. Zahir Online holds and maintains the privacy policy that defines and determines the parties’ obligations to respect personal information. You are recommended to read our privacy policy at www.zahironline.com/privacy policy, and you are considered to have accepted the policy when you agree these terms

E. The Ownership of Intellectual Property Rights

  1. The ownership and all Intellectual Property Rights derived from any service, website and documentation related to the service are the property of Zahir Online.
  2. The ownership and all Intellectual Property Rights in the data will remain your property. However, your data access, depends on Zahir Online Access Fee redemption when the bill is due. You are authorizing Zahir Online to use, copy, transmit, store and back up your information and data with the aim and purpose to provide you with access to and using Zahir Online services, or for any other purposes related to providing our services to you
  3. You are strongly encouraged to save the copy for all data as you entered Zahir Online services. Zahir Online conforms the policies and undergoes the best procedures to prevent from data loss, including back up data daily system, but does not make any assurance that there will never be data loss. Zahir Online clearly excludes responsibility for any data loss for any reasons.

F. Guarantee and Recognition

  1. You ensure that, when you register to use the service on behalf of another person, you have the authority to agree these terms on behalf of the related person, and agree that by registering to use Zahir Online services, you are linked on the person you are naming for, or with an intention to, make an act on their behalf to any liability which you have agreed on to these Terms, without limiting your own liability to its terms.
  2. You acknowledge that:
    1. You have the authority to use the services and websites, and to access the information and data you submit on the website, including any information or data posted on the website by anyone whom you have authorized to use Zahir Online services. You are also authorized to access the information and data processed, provided to you through the use of our website and services (as well as the information or data that you possess or belong to others).
    2. Zahir Online is not obliged to responsible to anyone other than you, and there is no other purpose whatsoever in this Agreement to benefit anyone other than you. If you use the service or access the Website on behalf of or for the benefit of any person other than you (or any legal body or not, or otherwise), you agree that:
      • You are responsible for ensuring that you have the right to do so;
      • You waive Zahir Online from any claim or loss related to: Zahir Online’s refusal to provide access to anyone to your information or data in accordance with this provision; Provision of information or data by Zahir Online to anyone based on your authorization.
    3. The provision, access to, and use of Zahir Online services is available as is and at your own risk.
    4. Zahir Online does not guarantee that the use of the service will never be disturbed or error free. Among other things, the operation and availability of systems used to access services, including accessible telephone services, computer networks and the Internet, that would be difficult to predict and may from time to time disrupt or prevent access to services. Zahir Online has no obligation to settle the interruptions, or prevention of access to use of the Service.
    5. Zahir Online is not your accountant, and the use of the service is in term of accepting advice related to accounting. For any questions relates to accounting, you are suggested to contact an accountant
    6. To determine that our service meets and applicable for your business needs is your own responsibility.
    7. You are responsible to comply with all applicable laws or accounting, taxation, and other regulations. It is your obligation to check that the storage and access to your data through the services and websites are following the applied laws (including any laws requiring you to keep archives).
  3. Zahir Online does not guarantee for its services. Without disregarding the above stated requirements, Zahir Online does not guarantee that our services will meet all your requirements, or that it will be appropriate for your purpose. To avoid hesitance, all terms or warranties that may be interpreted are excluded to the extent permitted by law, including (without limitation) warranties of sale, purpose conformity, and without violation.
  4. You warrant and indicate that you are granted the right to access and use the service for business purposes and that, to the maximum extent permitted by law, consumer guarantees by law or applied law to protect non-business consumers in any jurisdiction does not apply to these service provision, websites, or terms.

G. Limitation of Liability:

  1. To the maximum extension as permitted by law, Zahir Online excludes all liabilities and responsibilities to you (or any other person) in the contract, any claim of errors (including negligence), or otherwise, for any loss (including information loss, data and storage) or resulting directly or indirectly damage, from any use, or reliance on, the service or the website.
  2. If you experience any loss or damage due to Zahir Online’s failure to comply with this provision, any of your claims against Zahir Online as the result of Zahir Online’s negligence or failure will be limited to one occurrence or connected events, to your existing Access Charges pay off in the previous 12 months.
  3. If you are not satisfied with our service, your sole and exclusive remedy is to terminate this provision under section H.

H. Termination of Contract:

  1. Trial Policy:
    1. When you first sign up to access the service, it allows you to evaluate our service with the established conditions trial period, without any obligation to continue the use of the service. When you choose to continue using the service after the trial period is over, you will be billed starting the date on which you entered the information for your billing, or you can make the service renewal request process. To stop using our services, you may delete your membership or do not process the service renewal request.
  2. Zahir Online does not provide refunds for any remaining prepaid periods on your Access Fee subscription
  3. This requirement shall be applied to the period as covered by the Access Fee which has been or may be paid in Article C act 1. By the end of each billing period, this requirement shall continue automatically for a subsequent period for the same period, allows you to continue to pay the established Access Fee at maturity, or by requesting the extension of the service, unless one of the parties terminates the Terms by notice to the other party at least 14 days prior the end of the payment period or does not engage in the request for service renewal.
  4. Violation
    1. Should there any violation regarding to these Terms occurred (including, but not limited to, not paying any Access Fee) and do not resolve the violation issue within 14 days of receiving the notice of violation is resolved;
    2. Should there any violation regarding to these Terms occurred (including, but not limited to) any violation of Article C act 4 or failure to pay an Access Fee which is over the due date of more than 30 days;
    3. If you or your business is bankrupt, or is going through a process to terminate the organization’s existence, Zahir Online can take any or all the following actions:
      • Suspend or terminate your access to any data or data;
      • Suspend your access to Zahir Online’s services and websites for unspecified period;
    4. These terms termination shall not reduce the rights and obligations of the parties accrued until the termination date. On the agreement termination, you are charged for the pending expenses and amounts due for payment before or after termination, and immediately discontinue using our services and website.

I. Other General Conditions

  1. These Terms and Conditions, along with Zahir Online Privacy Policy and the notice or instruction requirements given to you under these Terms and Conditions replace and eliminate all prior agreements, representations (both oral and written), and understanding, and constitute the entire agreement between User and Zahir Online are associated with the services and other matters stated in these Terms.
  2. Should either party disclaim any violation towards these Terms, it shall not relieve them of any other violation charges. The charge disclaimer is not effective unless in the writing form.
  3. The parties shall not be liable for any delay or failure to settle their obligations under these Terms when the delay or failure is caused by out of control matters. This clause does not apply to any payment obligations.
  4. You cannot transfer or switch the rights to anyone without the prior written consent from Zahir Online, or any other procedures determined by Zahir Online.
  5. Should there any dispute occurred between two parties, this should be resolved by deliberation in for a consensus. Should the agreement be not obtained, then both parties agree to settle the matter through legal procedure by choosing the legal status of the Republic of Indonesia at the South Jakarta District Court Office.
  6. Any notice given under this Terms by one party to another shall be made in written form by email and shall be deemed to have been given upon delivery. The notification to Zahir Online should be sent to helpdesk@zahironline.com or to any other email address notified to you by Zahir Online. Any notification to you will be sent to the given email address when you access to our service.
  7. Subscription is the advance repeat payment to use accounting system services provided by Zahir Online (www.zahironline.com). Once the subscription has been activated or used, you can cancel at any time without any additional cost, unless for those already paid. Cancellation takes at least 31 days before effective operation.