- Platform is an online web-based system provided Kofera.
- Principal is the personnel working on behalf Kofera.
- User is the party that has been registered in the Platform and use of the platform as a Customer
DURATION OF THE AGREEMENT
This Agreement is valid and binding from the date User creates User account on the platform and is terminated if:
- User Accounts are suspended or closed; or
- User stops using the Service.
- If after termination or cessation of the User Account reactivated, the User is automatically binded back by this Agreement.
- This Agreement and Platform User Accounts can be terminated at any time for any reason with prior notice to the User.
- Upon termination of this Agreement, Platform reserves the rights at any time to terminate the Services.
LIMITATIONS OF LIABILITY
User understands and acknowledges that Platform does not guarantee the service is free from bugs and error.
- User agrees that Platform will not be held responsible for any failure, and/or service delay, and/or direct or indirect implication resulted from the service failure such as:
- Neither we nor you will hold liabilility under the Agreement for any reasons of any failure or delay in the performance of our or your obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet and/or electrical outages, computer viruses, acts of God, war, governmental action, or any cause that is beyond our or your reasonable control.
- Service Rejection, Telecommunication Failure, Hardware Failure or other software failure supplied by third parties to function in accordance with the specifications.
- Significant demands imposed on service above normal demand, which resulted in the software and hardware platform fails to function as usual
- The failure of third parties (including, but not limited to, bank or other financial institution) to meet the obligations in connection with the transaction or refund set forth in this Agreement, or
- Circumstances or any other events similar to those mentioned above, which are beyond the control platform.
User hereby understands and agrees that compensation for loss or expenses as well as the maximum interest rate that can be supplied Platform under this Agreement for any and all violations of the Agreement, the Services, and for any and all negligence in connection with the Agreement, the Services, will not exceed the payment received Users of the platform.
LICENSE GRANT & RESTRICTIONS
Kofera hereby grants you a non-exclusive, non-transferable, limited, revocable, worldwide right to use the Service during the License Term, solely for your own internal business purposes, subject to the terms and conditions of this Agreement.
In the event that your subscription is available for a specific number of Users, your license to use the Service is limited to the specified number of User. All rights not expressly granted to you are reserved by Kofera and its licensors. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes. You shall not:
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, Kofera Technology or the Kofera Content in any way;
- Modify or make derivative works based upon the Service, Kofera Technology or the Kofera Content;
- Embed the Service as a "iframe" or "frame" from within another application; or
- Reverse engineer or access the Service in order to:
- Build a competitive product or service;
- build a product using ideas, features, functions or graphics that are similar to those related to the Service; or
- copy any ideas, features, functions or graphics of the Service.
The Service cannot be shared or used by more than one individual unless (and solely to the extent that) the Subscription allows for sharing within your internal organization. Sharing of the Service outside your organization is never allowed.
The proper assignment of User Name and Passwords for the Service and adherence to all terms of this Agreement and Subscription are your sole responsibility. You are responsible for maintaining the confidentiality of your User Names, Passwords and Accounts. User Names and Passwords may not be shared by more than one individual, and may not be transferred from one individual to another unless the original User no longer requires, and is no longer permitted, access to the Service. You may use the Service only for your internal business purposes and shall not:
- Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Interfere with or disrupt the integrity or performance of the Service or the data contained therein, or Kofera's sites, servers or networks;
- Attempt to gain unauthorized access to the Service or its related systems or networks; or
- Take any action that imposes an unreasonably or disproportionately large load on Kofera's infrastructure.
Kofera shall be entitled to adjust the scope of the Service and the underlying technical infrastructure to reflect the continuing development of the Service and technical advances.
Kofera offers a range of subscription plans to its Platform service (each, a "Plan"). Each Plan includes a numerical range of User interactions ("Events") that may be recorded by our system on your registered web page in any given month of the subscription period. Each subscription period for a Plan will be either 1 month, 3 months, 6 months or 12 months. Your plan will automatically renew for a subscription period of 1 month, 3 months, 6 months or 12 months, unless you provide Kofera with email notice your intent not to review your Plan at least thirty (30) days prior to end of the then-current subscription period.
Billing Policies, Refunds, and Upgrade and Downgrade Terms
- The fees for User Plan are billed in advance of each billing cycle.
- In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months
- If you upgrade your Plan level, you will immediately be charged for the increased price of the upgraded Plan, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Plan.
- If you desire to downgrade your Plan level prior to the end of your subscription period, please provide written notice to Kofera. The Plan downgrade will take effect the first billing cycle that occurs more than thirty (30) days following your notice to Kofera, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. Kofera disclaims liability for any such loss.
- Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
Payment of Fees
As an express condition of your use and access to Platform, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of Kofera Platform. We will bill the fees due under your Plan. You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts. We reserve the right to deactivate your access to our service for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
You may cancel your Plan by either calling us and speaking to an authorized account representative or sending an email to Kofera Administrator. For the purpose of clarity, if you cancel your plan prior to the conclusion of your one (1), three (3), six (6) or twelve (12) months subscription period, you will remain responsible for payment for all subscription fees until the end of your subscription period. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the premium service and any data or information stored in your account.
ACCOUNT INFORMATION AND DATA
Kofera does not own any keyword data, information, performance data, paid search campaigns or material that you submit to the Service in the course of using the Service (collectively, "Customer Data"). You hereby grant Kofera a worldwide, royalty-free, non-exclusive right during the License Term to use, reproduce, create derivative works of, distribute, perform, transmit and publish your Customer Data for the sole purposes of
- Processing your Customer Data in connection with providing the Service to you, and
- Storing or hosting the Customer Data in a remote database or on the Site for access by your User.
Your private Customer Data is accessible only to you and persons explicitly authorized by you; the data is NOT shared with other customers, or with any other third party; provided that Kofera reserves the right to use your Customer Data in order to compile, analyze and disclose to third parties aggregated metrics, data and trends related to the use of its offerings as long as such metrics, data and trends do not contain uniquely identifiable Customer Data.
You, not Kofera, shall have sole responsibility for the accuracy, quality, integrity, legality, appropriateness, and intellectual property ownership or right to use all Customer Data, and Kofera shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Use of the Service is subject to existing laws and legal processes. Nothing contained in this Agreement will limit Kofera's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service, which may include disclosing your Customer Data to the applicable authorities.
You may not assign, sublicense, or transfer the Agreement or any right or duty under the Agreement. Any assignment, transfer, or attempted assignment or transfer in violation of this Section will effective terminate this agreement.
We and our subsequent assignees may assign, delegate, sublicense, or otherwise transfer from time to time the Agreement, or the rights or obligations hereunder, in whole or in part, to any person or entity such as to our Affiliate(s).
- Principal may change the terms and conditions of this Agreement at any time. The changes will automatically take effect immediately after the date of inclusion of changes in the Platform. If User continue to use the User Accounts and Kofera Platform from the date of change notification, User is deemed to accept and approve the changes.
- Publication: The User hereby agrees that Principal can use the name, logo or User attributes (if any) as part of an effort to promote Platform Services to the public, including without limitation in the form of presentations, marketing materials, customer lists, and reports finance. If User want to use the name, trademarks, service marks, logos, domain names, and other Kofera attributes, User must obtain written approval from Kofera
- Representations and Warranties: User represents and warrants that all information provided by User to register in the Platform is correct and updated; User have all the rights, power required, and the authority to execute this Agreement; and User have met and will continue to comply with all applicable laws, the Constitution, and all existing regulations. User also represent and warrant that any content displayed therein: comply with all laws applicable laws and regulations, does not infringe or have never violated the obligations or rights of any person or entity, including, without limitation, rights of intellectual property, publicity or privacy or rights or duties under consumer protection, product liability, tort, or contract theories, and does not contain pornography, racial intolerance, violence, or other things that are illegal.
- Indemnification: User agrees to indemnify, defend and hold harmless Principal, its agents, affiliates, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors , licensees, consultants and contractors) (collectively referred to as "The Protected") from and against any third party claims, liability, losses, and expenses (including damage awards, the amount of damages and reasonable legal fees), brought against each Party Protected, arising in connection with or resulting from the use of the service User Kofera, and / or breach of the provisions of this Agreement.
- The Principal does not guarantee that User join and use the Platform will earn income, sales, and / or other results are expected quickly.
Any notice prescribed under this Agreement shall be in writing. A notification is considered acceptable if:
- In the event that a notification is done through the inclusion of changes to the platform or a page that lists the terms and conditions; or
- In the event that a notification is sent via email, upon confirmation of receipt is received by the sender or recipient's email server that the email has been received by the recipient.
- This Agreement supersedes all representations, arrangements, verbal and written communication, advertising, agreement and understanding between Principal earlier and User, and set the whole entire agreement and understanding between Principal with User.
- The provisions of the rights created under this Agreement can not be ignored, unless approved by the Principal. This agreement is deemed cumulative and not exclusive of any rights or remedies that is provided under this agreement.
- Failure to comply to any provisions shall not affect the rights of either party at any time. If any provision of this Agreement unenforceable, then that provision will be modified to reflect the intentions of the parties and the other provisions of this Agreement shall remain in full force.
- If one or several provisions under this Agreement is invalid or unenforceable for any reason by a court of competent jurisdiction, or there are legal defects, then the clause or conditions that are deemed defective will not affect the interpretation of the CONDITIONS of the provisions under this Agreement, in the sense that the provision is invalid or unenforceable, it will be corrected in accordance with the original intent of this Agreement made extent of applicable laws and regulations allow.
- Principal may assign its rights or transfer obligations arising under this Agreement, without prior notice. User is not permitted to assign its rights or obligations under this Agreement without the prior written consent of the Principal.
- This Agreement is governed by, and construed in accordance with the laws of Republic of Indonesia and the parties concerned can not retract its approval of attachment in this Agreement. In the event of any dispute in the interpretation of the meaning and application of this Agreement, the Indonesian shall prevail.
- User hereby agrees that any dispute, difference, debates, issues arising in connection with transactions that exist on the Platform or this Agreement ("Dispute") will be resolved through the mediation in accordance with the regulations of the National Mediation Center (Pusat Mediasi Nasional). If, within three (3) months of the disputing parties can not resolve the dispute, the parties concerned may file a dispute settlement at the Badan Arbitrase Nasional Indonesia (BANI) in accordance with the rules applicable BANI and Indonesia. User hereby agree that the decision of BANI shall be final and binding on the disputing parties in it.