This Terms and Condition (“TnC”) apply to Biznet Gio (PT Biznet Gio Nusantara) website located at www.biznetgio.com, its subsidiaries and affiliates (collectively “Biznet Gio”). BY USING BIZNET GIO SERVICES, YOU (“CUSTOMER”) AGREE TO THIS TERMS AND CONDITION.
Biznet Gio reserves the right, as its sole discretion, to change, modify, add or remove this TnC, at any time. It is Customer responsibility to check this TnC periodically for changes. Your continued use of Biznet Gio services will mean that Customer accept and agree to the changes.
The services to be provided by Biznet Gio to Customer in relation to this TnC including the following (the “Services”):
a. to provide infrastructure such as processing system (CPU & Memory), data Storage, Network and Licenses;
b. to provide technical support to Customer if needed;
Without notice and without any liability on the Customer, Biznet Gio may at any time modify the manner in which the Services are carried out.
By default, there are limitations of services e.g. IP public vLAN and other features availability per account in the Public Cloud Service, GIO Public and NEO. For instance, customers can add up to 10 IP addresses quota in their GIO Public and NEO account. By adding more IP(s) beyond the quota limit will require formal request from customer that clearly state the purpose of the additional IP usage in that particular account. Different charges from the normal price will be applied for each additional IP.
If Biznet Gio 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 TnC, Biznet Gio will notify Customer of the Prohibited Content and may request that such content be removed from the Services, suspended or disabled the access to the Prohibited Content. Prohibited activities or content include:
1. The use of services that may result in damage to Biznet Gio servers or other servers on the Internet. If a customer is suspected of abusing the resources, whether caused by malware, cpu hogging, or other reasons and causing disruption to other Biznet Gio customer services, the corresponding customer service will be suspended.
2. The use of services with material that we deem threatening, SARA indication, or material protected by other trade secrecy and statutes.
3. The use of services that support illegal activity. All Biznet Gio service accounts provided with reasonable unlimited bandwidth. If the customer is indicated to use bandwidth for illegal things such as botnet, seeding / leeching torrent or other illegal activities that may interfere with other Biznet Gio customers, then the bandwidth of our subscribers will be lowered, or our service is suspended.
4. The use of services by means of material that the copyright is owned by another party and its use without permission.
5. The use of services which may cause damage to the good name of Biznet Gio.
If Customer do not remove or disable the access to the Prohibited Content within 2 (two) working days after the notice, then Biznet Gio may remove or disable access to the Prohibited Content or suspend the Services.
Customer agree to pay Biznet Gio 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 TnC, by any government. Any taxes related to the Services provided will (other than taxes based on the net income of the Biznet Gio) be paid by the Customer. Applicable taxes will be billed as a separate item on the invoice, to the extent possible.
Biznet Gio is committed to providing services to customers in the form of:
The SLA committed are limited to cover infrastructure services layer which excluding elements of scheduled maintenance and other services of implementation, managed support, and managed services. For GIO Private and Baremetal SLA will have different level of SLA based on the custom specifications (regulated in GIO Private and Baremetal SLA document, and provided to customer upon request base on the contract commitment).
Scheduled maintenance will be notified within 1 x 24 Hours prior to the maintenance period. In the circumstances requiring emergency maintenance and action, Biznet Gio reserves the right to inform it less than 1 x 24 hours. Customer agrees to comply and follow the instructions on the maintenance information we provide.
The downtime referred to in this service commitment does not apply to:
1. Downtime due to maintenance activities that have been scheduled and informed to the customer.
2. Failure to make / purchase new services.
3. Downtime as a result of actions by customers or other third parties caused by customer ignorance in using the Biznet Gio service.
4. Downtime as a result of the customer does not perform the actions we have suggested.
5. Intermittent downtimes that occur in a short time.
6. Downtime on Biznet Gio sites or portal that have no impact on customer service.
7. Force Majeure which is beyond Biznet Gio party control. The Force Majeure may be (but not limited to) fire, flood, earthquake, war, terrorism, criminal activity, riot, explosion, sabotage, embargo, natural disaster, strike, government policy, legal change or investment policy in Indonesia.
8. Downtime as a result of equipment, software, or other technologies owned by customers or third parties outside the equipment contained in the direct control of Biznet Gio.
9. Other obstacles that are not caused by errors Biznet Gio.
In the case of Biznet Gio was failing to fulfill the SLA commitment, customer has the right to get a restitution or credit balance refund for maximum 30% (thirty percent) of the customer's monthly usage fee. Restitution could be given if customer propose not later than 3 (three) months after hindrance, in case restitution proposed beyond 3 (three) months period after hindrance, the restitution could not be given. The restitution 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 Service Level
Restitution amount can be made or applied to deduct the upcoming invoice or onto the customer's credit balance. This action does not apply to:
1. Customers involved in barter or sponsorship activities with Biznet Gio.
2. Customers whose account is being suspended.
Biznet Gio may suspend performance of the Services and/or terminate the Service, if Customer:
is in breach of a material term of this TnC, which breach is not capable of being remedied;
is in breach of a material term of this TnC, which breach is capable of being remedied (including failure to pay any monies due to Biznet Gio), and if Customer in breach has not remedied the breach within 7 (seven) days of notice from Biznet Gio 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 unauthorized access to the Services, cause any security breach relating to the Services, or if the Biznet Gio reasonably suspects fraudulent or unlawful activity on the part of the Customer.
In the termination of this TnC, 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 TnC 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.
Customer acknowledges and agrees that Biznet Gio permits other customers (or customer’s appointed vendor) to install their software and other equipment in the public server. For the non-shared resource usage customer may refer to dedicated services available on Baremetal and GIO Private. Biznet Gio 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 be liable to customer for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Biznet Gio has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these TnC, Biznet Gio is found to be liable for any damage or loss which related to this TnC, whether arising out of breach of this TnC (including negligence), under statute or otherwise, is limited to the amounts that Biznet Gio has received from the customer pursuant to this TnC in the 3 (three) months preceding the date a claim is first asserted.
Biznet Gio at any circumstances does 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 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.
This TnC 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).
Customer’s obligations for using the Services, are as follows:
Customer may not use, or encourage, promote, facilitate or instruct others to use, the Services or Biznet Gio 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:
a. Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography;
b. 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;
c. Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
d. 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;
e. 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.
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:
a. 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.
b. Interception. Monitoring of data or traffic on a System without permission.
c. 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.
Customer may not make network connections to any users, hosts, or networks unless Customer have permission to communicate with them. Prohibited activities include:
a. Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
b. 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.
c. Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
d. Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
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.
Customer will provide information or other materials related to Customer Content as reasonably requested by Biznet Gio to verify Customer comply with this TnC. Therefore, Biznet Gio 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 to identify the source of any problem with the Services that Biznet Gio reasonably believe may be attributable to Customer Content or any end user materials that controlled by Customer. We may:
a. Investigate violations of this Policy or misuse of the Services or Biznet Gio Site; or
b. 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 Site.
c. 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.
Customer ensure that all information that Customer provided to Biznet Gio is accurate, complete and not misleading.
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.
Invoice will be generated by every start of the month for the previous month usage and requiring settlement from customer by the latest 25th date on every month.
Hourly or monthly payment scheme are available on demand on the service portal.
Biznet Gio will suspend customer’s service, if the customer failed to settle the payment obligation to Biznet Gio, either caused by:
1. Customer subscribes to GIO Cloud services failed to complete the payment later than invoice due date (25th date on every month).
2. Customer subscribes to other services (NEO, Shared Hosting, VPS, Web Services) having a credit card failure (charging or billing) or does not have enough credit balance to continue the services.
Service suspension impact:
1. Customer shall not be entitled to receive restitution or refund balance under the service commitment section.
2. If customer service enters a period of suspension, the customer may reinstate the service by making payment using any of the payment methods applicable no later than 15 (fifteen) days from the date of suspension of service. Please kindly ask email@example.com cc firstname.lastname@example.org for further assistance.
In the case where Customer failed to complete their payment during the suspension period, their account will be terminated automatically. This means that Customers’ virtual machines and other Cloud resources will be dismantled from the system and their account and data will be deleted permanently. The deleted resources cannot be recovered in any way.
In the case where Customer do not want to continue their service with Biznet Gio, their current services are not refundable.
1. Financial Information:
2. Information Collected Using Cookies:
3. IP Address Information and Other Information Collected Automatically
We may automatically receive and record information from your web browser when you interact with the Services, including your IP address. An IP address is a number assigned to you by your Internet service provider so you can access the Internet. We receive IP addresses in the normal course of the operation of our Site. We may automatically collect and record information about your use of features of our Services, about the functionality of our Services, and other information related to your interactions with the Services. We use the information we automatically collect and record to analyze trends, to administer, monitor and improve the Site and Services, to track users’ use of the Site and Services, and to gather broad demographic information for aggregate use. We do not use IP addresses to identify you personally or disclose them to others. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).
Generally, the Services may automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.
4. Email Communications
In addition to any information you convey in emails to us, we may also receive a confirmation when you open an email from us. We collect and use this information to improve our customer service.
As part of your Account information, Biznet Gio collects and stores information, including the full name, company name, billing address, email address, tax numbers, IP address, landing page, and referring URL, for all users upon registration and use of the Services. You acknowledge that this information may be personal to you, and by creating an Account on the Services and providing Personal Information to us, you allow us, our affiliates, our service providers and our contractors to identify you and, therefore, your use of the Services may not be anonymous.
Use of collected information:
Information submitted to us is only available and utilized by our employees and systems responsible for providing services to our customers and to contracted service providers for the purposes of providing Services to our communications with you.
Email Communications with Us
Biznet Gio may send occasional promotional materials to you via email. We respect your time and attention by controlling the frequency of our emails. Each email sent contains an easy way for you to cease receiving email from us. If you wish to do this, simply follow the instructions found at the end of any email. If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to email@example.com. Regardless, we reserve the right to contact you for informational or account-related purposes when we believe it is necessary.
Is Information About Me Secure?
We are committed to protecting your Personal Information. To do so, we employ a variety of security technologies and measures intended to protect our information from unauthorized access, use, or disclosure. Please note, however, that we cannot fully eliminate security risks associated with the collection, disclosure and storage of your information We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
Biznet Gio may amend this policy from time to time. If we make any substantial changes in the way we use your personal information, we will notify you by posting an announcement on our website(s). You agree that such posting will constitute sufficiently and adequately to notice to you of the changes. You agree that your continued use of our products and services after such amendment will constitute your acceptance of and agreement to be bound by the modified policy.
This policy subjects to any existing laws of the Republic of Indonesia in relation to the protection of information, and if required, by any lawful authority for any legal purposes such as the enforcement of any laws.
To prevent the breach of any laws, we shall release all such information as is legally required by the requisite and lawful authority in accordance with the directions of the lawful court of the competent jurisdiction.
Contact Biznet Gio
Please note that we may charge a reasonable fee for processing any data access request.