Terms of Services
This Terms of Service (“ToS”) apply to Biznet GIO Cloud website located at www.biznetgiocloud.com, its subsidiaries and affiliates (collectively “Biznet GIO Cloud”). BY USING BIZNET GIO CLOUD SERVICES, YOU (“CUSTOMER”) AGREE TO THIS TERMS OF SERVICES.
Biznet GIO Cloud reserves the right, as its sole discretion, to change, modify, add or remove this ToS, at any time. It is Customer responsibility to check this ToS periodically for changes. Your continued use of Biznet GIO Cloud services will mean that Customer accept and agree to the changes.
The services to be provided by Biznet GIO Cloud to Customer in relation to this ToS including the following (the “Services”):
- to provide infrastructure such as processing system (CPU & Memory), data Storage, Network and Licenses;
- to provide technical support to Customer if needed;
Without notice and without any liability on the Customer, Biznet GIO Cloud may at any time modify the manner in which the Services are carried out.
CLASSIFICATION OF SERVICES
The above Services are divided into 2 (two) classification, as follow:
- Retail Customer
Individual customer who registered via Biznet GIO web. Customer will need to buy a Voucher in advance to be able to use the Services (“Retail Customer”);
- Corporate Customer
Corporation that contacted or being contact by representative of Biznet GIO Cloud. All benefit for using Company Customer will be governed in a separate agreement (“Corporate Customer”).
SERVICE AND RESOURCES
As free retail customer, customer only get limited resources during trial period:
- 1 IP Public
- 3 Virtual Machine
- 12 GB of RAM
Purchasing prepaid voucher will automatically unlock the resources limitation and convert customer from trial to paying customer
Corporate Customer payment will be governed by corporate agreement between Biznet GIO Cloud and Customer
Customer’s obligations for using the Services, are as follows:
- Customer may only use the Services to store, retrieve, query, serve, and execute Customer’s Data that is owned, licensed or lawfully obtained by Customer (“Customer Content”). As part of the Services, Customer may be allowed to use certain software provided by third party licensors or Biznet GIO Cloud. This software is neither sold nor distributed to Customer and Customer may not transfer it outside the Services without specific authorization to do so;
- Customer hereby agrees to use the Services solely for the Business Purpose and in accordance with the current technical documentations applicable to the Services as determined by Biznet GIO Cloud from time to time.
- Customer will be solely responsible for all costs and engineering resources required for using the Services.
- Customer acknowledges that it is solely responsible for maintain the confidentiality of the Customer Content in data storage, and liable for any losses incurred as a result of any unauthorised use of the Customer Content. If the Customer has any reason to believe that the data storage is no longer secure, the Customer agrees to immediately notify Biznet GIO Cloud of the same.
- Customer may not use, export or re-export any content or any copy or adaptation of such content, or any service offered, in violation of any applicable laws or regulations, including without limitation Indonesian laws and regulations.
- Customer will provide information or other materials related to Customer Content as reasonably requested by Biznet GIO Cloud to verify Customer comply with this ToS. Therefore, Biznet GIO Cloud may monitor the external interfaces (e.g., ports) of Customer Content. Customer will not block or interfere with our monitoring, but Customer may use encryption technology or firewalls to help keep Customer Content confidential. Customer will reasonably cooperate with Biznet GIO Cloud to identify the source of any problem with the Services that Biznet GIO Cloud reasonably believe may be attributable to Customer Content or any end user materials that controlled by Customer.
- Customer ensure that all information that Customer provided to Biznet GIO Cloud is accurate, complete and not misleading.
- Customer must keep a personal backup copy of its software, sites, databases and all Customer content. Biznet GIO Cloud should not be held responsible of any loss of data or data corruption, except for Customers who buy data-backup service where Biznet GIO Cloud will provide backup facility.
- Customer may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation or its licensors (collectively, the “Microsoft Software“). If Customer choose to use the Microsoft Software, then Customer agree to these additional terms and conditions:
- Customer will use the Microsoft Software solely in conjunction with the Services;
- Customer may not transfer or use the Microsoft Software outside the Services;
- Customer may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software;
- Customer may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law.
- Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Services
- Microsoft is not responsible for providing any support in connection with the Services. Do not contact Microsoft for support;
- Customer are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use“). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.
If Biznet GIO Cloud reasonably believe any of Customer Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the ToS (including the documentation, the Service Terms, or the Acceptable Use Policy (see appendix A) (“Prohibited Content“)), Biznet GIO Cloud will notify Customer of the Prohibited Content and may request that such content be removed from the Services or disabled the access to the Prohibited Content. If Customer do not remove or disable the access to the Prohibited Content within 2 (two) working days after the notice, then Biznet GIO Cloud may remove or disable access to the Prohibited Content or suspend the Services.
Customer agree to pay Biznet GIO Cloud for using the Services the fees in the amount and conditions as specified in Terms of Payment (the “Fees”). All Fees are exclusive of any taxes, fees or other amounts, however designated and including without limitation consumption, value added and withholding taxes, which are levied or based upon such charges, or upon this ToS, by any government. Any taxes related to the Services provided will (other than taxes based on the net income of the Biznet GIO Cloud) be paid by the Customer. Applicable taxes will be billed as a separate item on the invoice, to the extent possible.
Biznet GIO Cloud will use commercially reasonable efforts to make the Services available to Customer with at least 99.9% uptime availability (exclusive of any scheduled outage informed to the Customer at least  Business Days in advance) (the “Service Commitment”). In the event that Biznet GIO Cloud fails to meet the Service Commitment, the Customer will be eligible to get 30% (thirty percent) refund of their monthly usage. Customer shall request the refund no later than 3 (three) months after the downtime. The refund will be calculated using the following formula:
(X * Y) / (Z * 99.9 %)
X = monthly fee before VAT;
Y = monthly cumulative downtime (hours);
Z = respective month total hours
99.9% = Biznet GIO Cloud Service Level
Biznet GIO Cloud may suspend performance of the Services and/or terminate the Service, if Customer:
- is in breach of a material term of this ToS, which breach is not capable of being remedied;
- is in breach of a material term of this ToS, which breach is capable of being remedied (including failure to pay any monies due to Biznet Gio Cloud), and if Customer in breach has not remedied the breach within 10 (ten) days of receipt of a notice from Biznet GIO Cloud requiring that such breach be remedied;
- becomes insolvent, ceases to carry on business as a going concern, is unable to pay its debts when they fall due, or becomes the object of the institution of voluntary or involuntary proceedings in bankruptcy or liquidation;
- immediately in writing if the Customer, its employees, agents, contractors or related third parties attempt any unauthorised access to the Services, cause any security breach relating to the Services, or if the Biznet GIO Cloud reasonably suspects fraudulent or unlawful activity on the part of the Customer.
In the termination of this ToS, Customer agrees to waive the provisions of Articles 1266 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata Indonesia). Upon the expiration or termination of this ToS for any reason, the Customer’s right to use the Services, and any other rights granted to the Customer hereunder, immediately terminate and all fees for the Services provided to the Customer will be due and payable upon receipt of a final invoice.
LIMITATION OF LIABILITY
CUSTOMER ACKNOWLEDGES AND AGREES THAT BIZNET GIO CLOUD PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND OTHER EQUIPMENT IN THE SERVER. BIZNET GIO CLOUD WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH ACTIVITIES OR ANY SOFTWARE OR OTHER EQUIPMENT IN RELATION WITH SUCH ACTIVITIES.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL BIZNET GIO CLOUD BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF BIZNET GIO CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TOS, BIZNET GIO CLOUD IS FOUND TO BE LIABLE FOR ANY DAMAGE OR LOSS WHICH RELATED TO THIS TOS, WHETHER ARISING OUT OF BREACH OF THIS TOS (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE, IS LIMITED TO THE AMOUNTS THAT BIZNET GIO CLOUD HAS RECEIVED FROM THE CUSTOMER PURSUANT TO THIS TOS IN THE 3 (THREE) MONTHS PRECEDING THE DATE A CLAIM IS FIRST ASSERTED.
BIZNET GIO CLOUD NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
ALL SERVICES ARE PROVIDED OR PERFORMED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS SOLELY AT ITS OWN RISK.
THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
BIZNET GIO CLOUD RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE THE ACCESS TO THE SERVICES; (2) TO INTERRUPT THE OPERATION OF THE SERVICES, OR ANY PORTION OF THE SERVICES, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
CONFIDENTIALITY AND NON-DISCLOSURE
Biznet GIO Cloud and Customer acknowledge that both of them will have access to valuable and proprietary information (“Confidential Information”). “Confidential Information” excludes any information which (a) is or was publicly known and made generally available in the public domain through no action or inaction of the receiving party; (b) is already in the possession of the receiving party at the time of disclosure by the disclosing party, and if received by the receiving party from a third party, without a breach of such third party’s obligations of confidentiality; or (c) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
Biznet GIO Cloud and Customer agree not to use or disclose the other Party’s Confidential Information for any purpose not expressly authorised by this ToS, except (a) when compelled under Applicable Laws, after providing prior written notice to the disclosing party (to the extent permitted by Applicable Laws) or (b) to a third party providing services to the receiving party and pursuant to written obligations of confidentiality no less protective of the Confidential Information than this ToS.
It is acknowledged and agreed that any breach of this clause could cause the other party irreparable injury and that monetary damages would not be adequate remedy for any such breach. In the event of a breach by either party of any of the provisions of this ToS, the other party shall be entitled to injunctive relief and specific performance.
Biznet GIO Cloud will not be liable for delays in performance or non-performance of its obligations under this ToS if such delay or non-performance is caused by, without limitation, acts of God, fire, explosion, flood, earthquake, drought, war, terrorism, riot, sabotage, embargo, strikes or other labor disputes, compliance with any order, regulation, or request of government, electrical surges and failure of telephone or other communication systems used in performing Services, or by any other event or circumstance of like or different character to the foregoing beyond the reasonable control of the Biznet GIO Cloud.
GOVERNING LAW AND JURISDICTION
This ToS shall be governed by and construed with Indonesian law. If a dispute, controversy or claim arising out of or in relation to this Agreement arises out of this Agreement (a Dispute), a Party claiming that a Dispute has arisen must immediately notify the other Party giving details of the Dispute. During the 30 (thirty) day period after such notice is given, each Party must use its best endeavours to resolve the Dispute. If the Parties are not able to resolve the Dispute within the 30 day period, each Party will promptly refer the Dispute to its authorised officer (or their delegate) for resolution. If the authorised officer (or delegates) of both Parties are unable to resolve the Dispute within fourteen days of the date on which the Dispute is referred to them, each Party agrees that the Dispute shall be referred to and finally resolved by Badan Arbitrase Nasional Indonesia (BANI).
- Notice. To ensure the success of Services, any notice or complaints must be sent to email@example.com.
- Indemnity. Customer agree to indemnify, defend and hold harmless Biznet GIO Cloud, its Affiliates and their respective directors, officers, employees and agents from and against any claims of third parties arising out of or related to any acts or negligent by the Customer or any agent of the Customer in connection with or otherwise relating to or arising out of this ToS and/or the Customer’s misuse of the Services.
- Validity. If any term of this ToS becomes or is found illegal or unenforceable by any court, such term will be construed so that it is legal and enforceable. All remaining terms of this ToS will remain in full force and effect. Biznet GIO Cloud will then use their best endeavours to substitute, a valid and enforceable provision the effect of which is as close as possible to the intended effect of the original provision.
- Waiver. No delay or failure by a Party in exercising any right under this ToS shall be construed as a waiver of that or any other right, unless otherwise expressly provided herein.
APPENDIX A – ACCEPTABLE USE POLICY
1. No Illegal, Harmful, or Offensive Use or Content
Customer may not use, or encourage, promote, facilitate or instruct others to use, the Services or Biznet GIO Cloud Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include:
- Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography;
- Harmful or Fraudulent Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions, or engaging in other deceptive practices;
- Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts nonconsensual sex acts;
- Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancel bots.
2. No Security Violations
Customer may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
- Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception. Monitoring of data or traffic on a System without permission.
- Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
3. No Network Abuse
Customer may not make network connections to any users, hosts, or networks unless Customer have permission to communicate with them. Prohibited activities include:
- Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
- Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
- Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
- Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
- Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
4. No E-Mail or Other Message Abuse
Customer will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. Customer will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. Customer will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
5. Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or BIZNET GIO Site. We may:
- Investigate violations of this Policy or misuse of the Services or Biznet GIO Cloud Site; or
- Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with Customer for use of the Services or the Biznet GIO Cloud Site.
- report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
6. Reporting of Violations of this Policy
If Customer become aware of any violation of this Policy, Customer will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please send email to firstname.lastname@example.org.