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SmartPresence : Term of Conditions
Last Update : August 28, 2017

All Customers agree to the following terms and conditions. PLEASE READ CAREFULLY. BY ACQUISITING YOUR PAYMENT AND ACCEPTANCE TRANSACTIONS THEN YOU AGREE THAT YOU OR YOUR COMPANY OR OTHER ENTITIES YOU HAVE OR REPRESENTATIVES RECOGNIZE THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU CAN NOT USE THE SMARTPRESENCE SERVICE.

Customer Service Agreement

1. Provision of Services.

(A) SmartPresence.id by PT. Bimasakti Sanjaya will provide Customer access to Internet-based services SmartPresence.id (hereinafter referred to as “Services”) which will permit the processing, retrieval and delivery of electronic transaction data made / submitted by Customer (referred to as “Customer Data”) in accordance with the Terms This agreement. SmartPresence.id by PT. Bimasakti Sanjaya reserves the right at any time and at its sole discretion to modify the features and functions of the Service, as well as the terms and conditions of this Agreement. Modifications or changes to the Service and the amendment of this Agreement will become effective and enter into this Agreement, if Customer continues to use the Services after which it will be deemed to have accepted such changes.

(B) The Customer is responsible for its compliance with this Agreement, including without limitation compliance by employees, officers, agents and third parties required by Customer to participate in the use of the Service.

Fees, Payments and Refunds.

(A) The use of the Services by the Customer shall result in fees as set forth in SmartPresence.id. Fees and fees for services can be changed by SmartPresence.id by PT. Bimasakti Sanjaya from time to time by sending notices to Customer, in the form of electronic documents or physical documents. Customers agree to make payment of all invoiced within a maximum of fifteen (15) days after receipt of the bill.

(B) The Service Fees are billed monthly or annually, depending on the selected pricing option, and are non-refundable. There will be no refunds for a portion of the service month, upgrade or downgrade service, or refunds for the unused month with the active account.

(C) All fees shall not include all taxes, levies or duties imposed by the tax authorities, and Customer is responsible for the payment of all taxes, retremosures or liabilities in Indonesia or other countries.

(D) Subscribers are required to provide complete and accurate updated / current payment information. Customers should immediately renew all payment information in order to remain current customer account. Changes to payment information can be made by calling live support SmartPresence.id.

Limitations on the Use of Software and Services.

(A) In this case the SmartPresence service referred to as “Software” refers to any software available on the SmartPresence Services. Customer will not, and does not allow others to, reverse engineer, decompile, disassemble, attempt to reverse engineer, plagiarize, create or recreate. Or try to find the SmartPresence code to unpack the source code. Customer will not alter or attempt to modify the Software or sublicense or otherwise incur any use of or access to the Software or the Services. Customer does not have rights, rights or interests to the Software whose ownership rights will always be held by SmartPresence.id by PT. Bima Sakti Sanjaya.

(B) Customer acknowledges that the Service is not indicated for permanent storage and agrees not to use the Service for archiving or backup / backup purposes. Customer will not retain data for the purposes of certain critical missions on the Service.

(C) SmartPresence.id allows SmartPresence.id to launch the “beta” feature over the course of time. Customer acknowledges that the Beta Feature may be an untested feature, not working / functional. If the customer chooses to use the feature then it is done at his own risk. Notwithstanding this point, SmartPresence.id does not guarantee that the feature is released with caution. Then Customer will reserve / back-up the data used on the feature.

(D) Customer may not use the Service (i) in violation of this Agreement; (ii) infringe or misuse third party intellectual property rights or rights of publicity or privacy; (iii) violate any laws, laws and regulations; (iv) transmit slanderous, threatening or harassing data; (v) store or expose pornographic or obscene or inappropriate content of the data; (vi) spreading malware, viruses, worms, trojans, spyware, malicious code or unauthorized threatening codes. Customer shall not interfere with or attempt to interfere with the destruction of the integrity of the Service SmartPresence.id or use any material provided by the Service or obtained from the Service for the purpose of direct marketing, spamm, customer contact without consent. Including and not limited to all activities that violate the law.

Security, Privacy, and Access.

(A) Each party will promptly notify the other of unauthorized access to or use of Customer Data or passwords. The parties will use reasonable efforts to take remedial action to address such unauthorized access.

  1. Based on the provisions of Point 5 below, Smartpresence.id by PT. Bima Sakti Sanjaya shall not be liable for any damages (direct, incidental or consequential) arising out of Customer or in connection with the use of the Service, including but not limited to Connections with unauthorized access or disclosure of Customer Data resulting from the actions of Customer, a third party , or from the failure of electronic security measures.
  2. The Customer acknowledges and agrees that regardless of Point 4 (a), SmartPresence.id by PT. Bima Sakti Sanjaya may transfer Customer’s data to its successor, for example in the process of acquisition of Services in whole or in part under this agreement.

(B) SmartPresence.id by PT. Milky Way Sanjaya is not obliged to monitor the Service. SmartPresence.id have the right to monitor the Service and to disclose information arising therefrom, including but not limited to Customer Data, which is necessary to fulfill the law, regulation or governmental request or an internal auditor or to protect SmartPresence.id or clientele. SmartPresence.id may remove or refuse to expose any material it finds, in its sole discretion, is offensive or undesirable or violates this Agreement, or it is unacceptable.

(C) Customer will not use the Service to transmit or store data that is deemed obscene or incompatible with pornographic content, containing material of contempt, or in violation of laws and regulations.

(D) Customer will not disclose any account passwords to third parties not authorized to use the Service.

(E) SmartPresence.id by PT. Bima Sakti Sanjaya will collect, use, and or share your information in accordance with its privacy policy. Your acceptance of these terms and conditions means that you have read and agree to the terms of the privacy policy.

No warranty; Limitation of Liability.

(A) SMARTPRESENCE.ID BY PT. BIMA SAKTI SANJAYA, NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND PERFORMANCE, AND RESPECT TO THE SERVICE AND PERFORMANCE OF SMARTPRESENCE.ID IN THIS AGREEMENT, THE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF PURPOSE. SMARTPRESENCE.ID BY PT. BIMA SAKTI SANJAYA DOES NOT WARRANT THAT THE SERVICE WILL MEET USER REQUIREMENTS OR DURING OPERATING SERVICES WITHOUT INTERRUPTION OR DOWNTIME OR ERROR FREE.

(B) Furthermore, BASED ON ANY CONDITIONS, INCLUDING WITHOUT LIMITATION OF NEGLIGENCE SMARTPRESENCE.ID, BE LIABLE TO ANY CUSTOMER OR THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF ANY FUND, OR ANY OTHER THIRD, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARISE FROM OR IN RELATED TO THIS AGREEMENT OR USE OR THE INABILITY TO USE THE SERVICE.

(C) SmartPresence.id by PT. Bima Sakti Sanjaya is not responsible for the accuracy, honesty or legitimacy of data provided by Users/Customers provided through the Service. SmartPresence.id is not responsible for any loss of Customer Data.

(D) The only solution for the customer, if they are dissatisfied with the Service or with the terms, conditions, rules, policies, guidelines, or practices SmartPresence.id by PT. Bima Sakti Sanjaya is to discontinue use of the Service.

Termination of Services.

(A) SmartPresence.id by PT. Bima Sakti Sanjaya may deny or suspend Customer’s access to all or any part of the Service without notice if SmartPresence.com is confident, in its sole discretion, that Customer may have violated any of the terms of this Agreement.

(B) Upon termination of this Agreement, SmartPresence by PT. Bima Sakti Sanjaya will retain Customer Data for any periods which may be required under the terms of this Agreement and may, in its sole discretion, retain such data for longer periods as appropriate, and in this case Customer has agreed to such terms by accepting the Terms and Conditions of use Service. SmartPresence.id shall not voluntarily disclose such data to any third party unless authorized by Customer or permitted by this Agreement.

Intteruption of Service.

(A) SMARTPRESENCE BY PT. BIMA SAKTI SANJAYA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE INTERRUPTION OF TRANSMISSION OF SERVICES, including but not limited to disruption or defect due to the inability to access the Internet, modified devices, upgrades, relocations or repairs. No reduction of payments will be made in the event of temporary or defective interruption in the Service delivery.

(B) SmartPresence.id by PT. The Bima Sakti Sanjaya is not responsible for any disruption or delay in delivery or Service cases caused by natural disasters, fire, floods and riots, government policies or actions of the Internet backbone providers, or other causes beyond the control of SmartPresence.id.

Miscellaneous.

(A) This Agreement constitutes the whole of the Agreement between SmartPresence.id by PT. Milky Way Sanjaya with Subscriber on the subject matter and expressly supersedes any prior written or oral agreements between parties concerned with the subject matter, including but not limited to offerings, payment transactions, or other similar matters written in this Agreement shall not be modified, modified or altered except by written agreement signed by the representative of both parties authorized.

(B) If any provision of this Agreement is deemed unenforceable, such provision may be interpreted to the maximum extent possible to interpret its original intent and the remainder of this Agreement shall remain in full force.

(C) The Customer’s rights in this agreement are Personal and non-transferable. SmartPresence.id by PT. Milky Way Sanjaya may assign its rights and obligations under this Agreement to a third party.

(D) SmartPresence.id is controlled, operated and managed by PT. Bima Sakti Sanjaya primarily from its office in Denpasar, Bali – Indonesia makes no representation that the materials of the SmartPresence.id service are appropriate and available for use in other locations outside Indonesia and access to the Prohibited Services from such territories. If Customer accesses outside the territory of Indonesia, Customer is responsible for compliance with all applicable local laws.

(E) Customer acknowledges that SmartPresence.id is not a payroll system and Customer agrees to be solely responsible for validating the accuracy of data generated by the Service when used by Customer for their respective payroll and billing purposes. The customer ensures in full to ensure compliance with labor laws and to free SmartPresence.id by PT. Bima Sakti Sanjaya from any obligation responsibility of any payroll, tax and employment system. Some features of the service for any working hours feature are created and made available for Customer convenience and reference only and shall not reflect the actual calculation of any payments paid by Customer to any person or entity and shall never be Secured or Deposited as such by SmartPresence.id.

Acceptance.

The parties acknowledge that they have read the terms and conditions of this Pejanjian and hereby agree to be bound thereby. This Agreement will become effective after Customer declares acceptance of the Service using or conducting payment transactions.