Agreement
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This agreement covers all subscribers to the Bnody service and its website, owned and operated by Bnody Information Technology Corporation. The use of the service implies acceptance of the terms of this agreement in addition to any future amendments to this agreement, which are made periodically. Bnody reserves the right to modify or change these terms and conditions without prior notice, and the subscriber assumes full responsibility for reviewing the terms and conditions of use for updates to these terms and conditions. Any use by you of the services provided by the Bnody system constitutes your acceptance of this contract and its terms and conditions, and accordingly you must not use the system if you do not agree to the terms and conditions contained in this contract.
1. Term of Agreement
The term of the Agreement shall commence upon acceptance of this Agreement and shall continue as long as the Subscriber is obligated to pay the subscription fees stated on the pricing page. In case of breach of the terms of this Agreement, the Service Provider has the right to cancel the subscription and delete the Subscriber’s data as stated in Article 10. You have the right to terminate the contract by closing your user account at any time. Bnody has the right to terminate the Contract with immediate effect at any time if you do any of the following
(a) if Bnody considers that you are misusing the Service
(b) for any reason subject to Bnody absolute discretion. Bnody is under no obligation to provide prior notice of termination.
2. Payment and Renewal
Any service to which the Subscriber subscribes, such as accounting system, remote accounting, installation or training, requires the Subscriber to access the Site and select “Subscribe” and in doing so, the Subscriber agrees to pay the Service Provider the stated fees for that service annually as indicated in the description of the service. Service fees will be charged in advance on the day of subscription or upgrade to cover the use of the Service for the stipulated period and will not be reimbursed for the remaining period unless so stated in the Service description. Bnody reserves the right to impose new fees for the use of the Service. If Bnody decides to charge new fees, you will be notified and you will be allowed to continue or terminate the contract. Bnody may modify or update prices from time to time. It is your responsibility to stay informed of the current prices of the Services provided through the pricing page and can be accessed through the homepage. You are required to pay for the Services to Bnody by wire transfer to our account, once the Service has been provided to you. You are solely responsible for the timely payment of all fees and acknowledge that any amount paid is non-refundable.
In the event the Customer orders additional POS and the Customer’s subscription period for the Cloud Accounting System expires, the Service will be suspended until the subscription is renewed, taking into account the subscription date period for each individual POS.
3. Automatic Renewal
If the Subscriber wishes to terminate his/her subscription, he/she must inform the Service Provider via the Website before the end of the applicable subscription period of his/her desire to do so, and in the absence of notification, the subscription will be automatically renewed with its current characteristics, and the Service Provider has the right to collect the subscription value either annually as indicated in the service description using any payment method registered by the Subscriber with the Service Provider. The Subscriber can modify the Subscription features through the Website.
4. Security Precautions
It is the Subscriber’s sole responsibility to take the necessary security precautions to prevent access to the Service by any unauthorized person or system. This includes but is not limited to not sharing or retaining the Service link or login information anywhere or sharing it with anyone as the Service Provider does not guarantee any damage due to the Subscriber’s failure to take precautions to protect their login information. The Subscriber shall not cause any damage to the Website, whether security, design, software, operational or operational damage, disruption or impairment of any service, or any damage whatsoever.
5. Support
The means of support provided are phone, email, or enhancements and updates provided by the service provider.
6. Maintenance
The Subscriber agrees that the Service Provider will perform necessary maintenance from time to time for upgrading, adding new features, backing up or closing security holes, if any, which may be accompanied by an interruption of the Service. Bnody endeavors as much as possible to provide its electronic services 24 hours a day, 7 days a week. In any case, it does not guarantee that the Bnody system will be fully operational throughout the year, and that there will be interruptions for the purpose of maintenance, periodic updating, or adding new features to the service. If the service is interrupted for more than two days, the subscriber will be compensated by extending his/her subscription for twice the number of days the service is interrupted.
7. Intellectual Property
All intellectual property rights in the Services and all materials and content appearing on the Services (including any content you submit or include) are the property of Bnody. You may not reproduce or authorize anyone, for any reason, to use or reproduce the Services, modify the Services, or use any trademarks or other names appearing in the Services.
8. Legal Liability
The Service is provided “as is” and the Provider makes no warranties for performance resulting from the use of the Service including, but not limited to, quality, fitness for any particular purpose, performance, speed, integrity, non-hacking, or loss of data. Provider shall not be liable for any loss or damage to Subscriber or any third party caused by the Service or the Site under this Agreement or for any direct, indirect, special, incidental or consequential damages whether based on this Agreement or any other legal theory arising out of the use of the Service or the Site or action under this Agreement. The information, recommendations, services or otherwise provided to you on the Website and the Service are for general information purposes only and do not constitute any advice. Bnody will keep the Website and the Service and its contents as correct and up-to-date as possible, but does not warrant that the Website or the Service are free of errors, defects, malware or viruses and does not warrant that the Website and the Service are correct, accurate and up-to-date. Bnody shall not be liable for any damages resulting from the use of (or inability to use) the Website or the Service, including damages caused by malware or viruses, nor shall Bnody be liable for the inaccuracy or incompleteness of the information, Website or Service, unless such damage is caused by willful misconduct or gross negligence on the part of Bnody. Bnody shall not be liable for any damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Service, including, without limitation, damages resulting from non-delivery of electronic communications or delays in
delivery, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and the transmission of viruses. Bnody endeavors as much as possible to provide its electronic services 24 hours a day/7 days a week, in any case, it does not guarantee that the Bnody system will be fully operational throughout the year, and that there will be interruptions for maintenance, periodic updating or adding new features to the service.
9. The Agreement is private and non-transferable
Binodi grants you a non-transferable, non-assignable license and your Subscription is not sublicensable and the Subscriber cannot receive a refund of the Subscription or any part thereof after the termination of the Agreement.
Termination of Subscription or Termination of the.
Agreement.10
If the Subscriber requests to discontinue the service or the Subscriber stops paying after the end of the Subscription Term, the Subscriber will be given a 7-day grace period to pay. If the seven-day grace period expires, Binodi has no responsibility to retain his data or anything related to the Service and his subscription will be canceled and the Service will be discontinued. The Subscriber acknowledges that if the Subscriber renews his/her subscription after the said periods, there is no guarantee that the previous data will be restored. As for the trial subscription, the service provider does not retain any data and does not provide any guarantees and the subscriber has no right to claim them. If the subscriber wishes to discontinue the service, he/she can do so by not paying the subscription or informing the service provider directly through the website. In this case, the Subscriber’s data will be erased as stipulated in this Article. The Service Provider shall also have the right to inform the Subscriber to stop the service and give him/her a period of one month to copy his/her data without giving reasons. Binodi also has the right to terminate your subscription if you do any of the following:
(a) violate or breach any of the User Terms.
(b) if Binodi considers that you are misusing the Service
(c) for any reason in Binodi’s sole discretion. Binodi is under no obligation to provide prior notice of termination.
11. Privacy
- With respect to the Service, the Service Provider shall respect the privacy of the Subscriber and all data entered by the Subscriber while using the Service and shall not access or view his/her account or copy the data entered by the Subscriber except upon his/her request for the purpose of facilitating his/her work or training or as stated in (Remote Accounting Article) or (Data Retention).
- With respect to the Website, the Service Provider collects data that does not identify the subscriber or visitor and that is usually sent by Internet browsers, such as browser type, preferred language, operating system type, time and date of the request, for the purpose of knowing how subscribers or visitors interact with the Website, in addition to publishing general summary statistics on usage that are not linked to any specific person.
- The Service Provider records visitors’ or subscribers’ Internet addresses, which may identify them, but does not disclose them except as described in the remainder of this Article.
- The Service Provider retains the data necessary to subscribe to the Service that the Subscriber enters during the registration process, such as the Subscriber’s name, email, contact and payment information or other data, and the Service Provider may share such data with the Service Provider’s employees, contractors or affiliated organizations (i) who need such data in order to process it on behalf of the Service Provider or provide the requested service to the Subscriber and (ii) who have agreed not to disclose such information to third parties. Some employees, contractors or affiliated organizations may be located outside the subscriber’s or visitor’s country and the use of the Service implies consent to the transfer of such data abroad. The Service Provider will not rent or sell any visitor or subscriber data to anyone except as noted above or in compliance with a court order or official governmental order.
- The Service Provider reserves the right to send emails to the Subscriber from time to time to inform the Subscriber of new features or important information regarding the Service, the Site or the Service Provider, or to request feedback on the Service. The Service Provider reserves the right to publish some of its responses or inquiries received regarding the Service or the Site (such as technical support requests) for the purpose of assisting other subscribers after removing all information that could lead to the subscriber’s identification.
- Cookies are a text file that websites store on the user’s device that the browser makes available to the website each time it is visited in order to recognize the visitor and save his/her preferences. The service provider uses cookies on the site for the purpose of knowing the most visited pages by the subscriber or visitor and saving their preferences. If the subscriber or visitor does not want cookies, they can prevent this through the browser settings, bearing in mind that some parts of the site or service may not work fully.
12. Interruption
- Upon the acquisition of the Service Provider or any part of its business by a third party, the Subscriber’s information and all its data shall be considered an asset that is transferred to the third party.
- In the event of the Provider’s bankruptcy or exit from the market, the Provider is obliged to give the Subscriber permission to copy its data as well as the source code for two weeks from the date of bankruptcy or exit.
13. Remote Accounting and Auditing
- Upon subscribing to this optional service, a specialized accountant will be appointed by the Service Provider according to the subscription type to provide accounting or auditing services to the Subscriber.
- The Subscriber must provide the remote accountant with all necessary information to complete his/her work and prepare the necessary reports and any information to complete the accounting work. In case the Subscriber fails to provide the remote accountant with such information or any other information, the Service Provider shall not be liable for any failure due to such failure.
- Since the remote accountant’s work requires access to the system, the subscriber must create a login account and allow him to access, review and update the data and give him the appropriate authority.
- The primary means of communicating with the accountant is through email, and if the data is communicated in any other way, it is the responsibility of the subscriber. If you wish to meet with the accountant, this can be arranged according to the agreed fees and according to the appropriate arrangement for the accountant.
- The dates of communication with the accountant are working days from Sunday to Thursday from 9:00 am to 5:00 pm, excluding holidays and public holidays.
- The reports prepared by this remote accountant service are for internal accounting and auditing purposes and are not CPA reports, and their accuracy depends on the accuracy and validity of the information provided by the subscriber.
- The subscriber is bound by his/her type of subscription to the remote accounting service (whether it is the number of hours, the number of reports or the type of accountant).
- The Service Provider has the right to change the accountant as it sees fit.
- The Subscriber agrees that if there are errors in the remote accountant’s entries, the Subscriber must submit a request for amendment within a period not exceeding two weeks after entering the data, and the Service Provider will be obligated to correct them without any compensation. In case of material damages resulting from negligence, willful negligence, or any bad behavior of the remote accountant, the service provider shall be obligated to compensate the subscriber with no more than the value of the subscription paid by the subscriber for the remote accountant service.
- Any recommendations, ideas or consultations provided by the remote accountant are for the purpose of interest and advice, and neither the service provider nor the accountant shall incur any damages in the event that the subscriber applies them and does not obtain the expected results.
14. Training
- If this optional service is requested, the mechanism, time and cost of the training sessions will be agreed upon with the Subscriber.
- If the Subscriber is unable to attend any training session, the Subscriber must notify the Service Provider by email 24 hours before the time of the session, and if the Subscriber does not attend the training without notification, this session will be counted as part of the training sessions.
15. Applicable Law and Dispute Resolution
The Subscriber Terms and the settlement of any dispute, claim or controversy arising out of or relating to the Agreement with the Subscriber or any breach, termination, performance, interpretation, validity or use of the Site or the Service shall be governed by and construed in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia.
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