Effective Date: May 23, 2018
Terms of Service Agreement
Acceptance of Terms
Borneosoft Pty. Ltd. ("Borneosoft", "we", "us", "our") provides Borneosoft Online Forms, CRM, Email Marketing and Productivity applications as services to our customers ("Services"). By using our services, you ("Customer") are agreeing to comply with and be bound by the following terms of service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time athttps://www.borneosoft.com/notes/br6fkN/borneosoft-terms-of-service-agreement
In addition, when using particular Borneosoft services, you and Borneosoft shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules, including but not limited to our
are hereby incorporated by reference into the TOS. Please review the following terms carefully. This agreement is effective as of the date you agree to this TOS by clicking or tapping the "I Accept" button, selecting "I agree" checkbox, or other means to accept this TOS. If you do not agree to these terms, please cancel immediately and do not continue to acquire the services under this TOS.
Description of Services
Borneosoft will provide the Customer with a user account that has the administrative privilege ("Superuser") upon completing the Borneosoft Services' registration process. Customer may use the Superuser account to (a) create a new user or delete existing user account ("User"), (b) assign other Users as Superuser, (c) updating User profile. New User can be created up to a maximum number (including the Superuser), specified during registration to the Services.
As part of providing the Services, Borneosoft may store and process Customer Data in the United States or any other country in which Borneosoft maintain facilities. By using the Services, you consent to this transfer, processing, and storage of Customer Data.
Software Applications and Documentations
The software applications and the documentation ("Program") contain proprietary information. Borneosoft grants the Customer a license to use the Program on the terms and condition detailed in the TOS containing restrictions on use and disclosure and are also protected by copyright and other intellectual and industrial property laws. Reverse engineering, disassembly, or decompilation of the Programs is prohibited.
The information contained in the documentation is subject to change without notice. If you find any problems in the documentation, please report them to us in writing. The documents are not warranted to be error-free. Except as may be expressly permitted in TOS for these Programs, no part of these Programs may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose.
The Programs are not intended for use in any nuclear, aviation, mass transit, medical, or other inherently dangerous applications. It shall be the Customer's responsibility to take all appropriate fail-safe, backup, redundancy and other measures to ensure the safe use of such applications if the Programs are used for such purposes, and we disclaim liability for any damages caused by such use of the Programs.
The Programs contain other licensed software. The copyright notices and attributions can be found at Notices and Attributions
The Programs may provide links to Web sites and access to content, products, and services from third parties. Borneosoft is not responsible for the availability of, or any content provided on third-party Web sites. You bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, the relationship is directly between you and the third party. Borneosoft is not responsible for: (a) the quality of third-party products or services; or (b) fulfilling any of the terms of the agreement with the third party, including delivery of products or services and warranty obligations related to purchased products or services. Borneosoft is not responsible for any loss or damage of any sort that you may incur from dealing with any third party.
All characters in the documentation are fictitious, and any resemblance to persons living or dead is purely coincidental. Any use of real names is accidental and purely unintentional. Any similarities to actual persons are also a pure coincidence and not our intent. Names are picked randomly from the collection of baby first names that are combined with of last names. Company names are selected randomly from county names in the USA and combined with the selection of general business categories.
In consideration of your use of the Services, you represent that:
- you are of legal age to form a binding contract,
- if you are accepting on behalf of your employer or another entity, you have full legal authority to bind your employer, or the applicable entity, to the TOS.
You also agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Services' registration form ("Registered User Data"),
- maintain and promptly update the Registered User Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, Borneosoft has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, Borneosoft has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
If you want to use PayPal or Stripe ("Payment Gateways") integration with Borneosoft services, you acknowledge and agree that:
- you own or control Payment Gateway account
- you use and maintain your Payment Gateway account according to Payment Gateway's terms and conditions
- you handle chargebacks and all of your customer service issues
- you are responsible for paying Payment Gateway's fees
- you pay Borneosoft integration service fee for using Payment Gateway integration with Borneosoft services
Borneosoft accepts no responsibility in respect of the use of Payment Gateway services by you. Any dispute between you and any other individual or organization regarding payment and payment-related services must be resolved between the parties concerned, and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel your account.
If you want to host your Domain Name with Borneosoft during Registration, you acknowledge and agree that you own or control the domain names. The Domain Name will be used in connection with the Services. You are solely responsible for the Domain Name registration or transfer to Borneosoft. If you do not own, or control, the Domain Name, Borneosoft will have no responsibility to provide you with the proper functioning of the Services.
Borneosoft accepts no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned, and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name from the Borneosoft Services.
You are responsible for:
- maintaining the confidentiality of the password and Superuser account,
- designating those who are authorized to access Superuser accounts, and
- ensuring that all activities that occur in relation with the Superusers' and Users' account comply with the TOS.
You agree that Borneosoft's responsibilities do not extend to the internal management or administration of Customer's electronic data or messages and that Borneosoft is merely a data-processor.
You agree to protect the privacy rights of the Users under all applicable laws and regulations.
You will use all commercially reasonable efforts to prevent unauthorized use of the Services and to terminate any unauthorized use immediately. You will promptly notify Borneosoft of any unauthorized use of, or access to, the Services of which you become aware.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You, and not Borneosoft, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Borneosoft Services. Borneosoft does not control the Content posted via the Borneosoft Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Borneosoft Services, you may be exposed to Content that is offensive, indecent or objectionable. Borneosoft under no circumstances is liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Borneosoft Services.
You agree to not use the Borneosoft Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, email, transmit or otherwise make available any Content that is in any way illegal such as sales of illicit substances, solicitation of escort services, pornographic messages, or sales of any products or services that cannot be legally sold by;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Borneosoft official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Borneosoft Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Please read our complete Anti-Spam Policy, see
Violators will face immediate suspension. Borneosoft reserves the right to determine, in its sole discretion, what constitutes a violation of the Anti-Spam Policy.
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Borneosoft Services or servers or networks connected to the Borneosoft Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Borneosoft Services;
- "stalk" or otherwise harass another;
- to promote, support or facilitate terrorist activity; or
- collect or store personal data about other users in connection with the prohibited conduct and activities outlined in the above paragraphs.
You agree not to use Borneosoft Services to store and transmit HIPAA Regulated Information.
NO "PERSONAL HEALTH INFORMATION" (AS DEFINED IN 45 CFR SECTION 160.103) OR ANY OTHER INFORMATION REGULATED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) ADMINISTRATIVE SIMPLIFICATION REGULATIONS, 45 CFR PARTS 160, 162 AND 164, SHALL BE STORED IN ANY BORNEOSOFT SOFTWARE APPLICATIONS OR SERVICES, ON BORNEOSOFT COMPUTER EQUIPMENT OR ELECTRONIC MEDIA, OR TRANSMITTED TO OR FROM ANY BORNEOSOFT FACILITY AND SERVICES.
You acknowledge that Borneosoft may or may not pre-screen Content, but that Borneosoft shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via the Borneosoft Services. Without limiting the preceding, Borneosoft shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Borneosoft may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Borneosoft, its users and the public.
The Use of Spam and Virus Filters
You agree that we can use spam and virus filters and that this may require us to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to abide by all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Borneosoft Proprietary Rights
You acknowledge and agree that Borneosoft Services and any necessary software used in connection with the Borneosoft Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Borneosoft owns all Intellectual Property Rights in the Services. You do not acquire ownership rights of the Services and the Software. Except as expressly authorized by Borneosoft, you agree not to copy, modify, rent, lease, loan, sell, assign, sub-license, distribute, reverse engineer, or attempt to discover any source code, or create derivative works based on the Services or the Software, in whole or in part. You agree not to access the Services by any means other than through the interface that is provided by Borneosoft for use in accessing the Services.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Borneosoft Services, your use of the Borneosoft Services, your connection to the Borneosoft Services, your violation of the TOS, or your violation of any rights of another.
Disclaimer and Limites
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
- BORNEOSOFT MAKES NO WARRANTY THAT (a) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND SOFTWARE WILL BE ACCURATE AND RELIABLE, (d) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BORNEOSOFT SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BORNEOSOFT OR FROM THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE TOS.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT BORNEOSOFT HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BORNEOSOFT IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OTHER INTANGIBLE LOSSES, LITIGATION, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), SERVICES LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
All payments due are in U.S. Dollars unless otherwise stated on the order page or invoice.
Fees for Credit Card orders are due immediately upon order placement. Borneosoft will bill the credit card provided via the Order Page for all applicable Fees when due. If credit card authorization or charge attempts are declined, Borneosoft may immediately disable or cancel the Services, in its sole discretion.
Delinquent payments may bear interest at 1% per month from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Borneosoft in collecting delinquent amounts.
Absolutely no refunds, pro-rated or otherwise, will be given to Customer who voluntarily cancels their services, regardless of how far into the term the Customer may be.
Modifications to Borneosoft Services
Borneosoft reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Borneosoft Services (or any part thereof) with or without notice. You agree that Borneosoft shall not be liable to you or any third party for any modification, suspension or discontinuance of the Borneosoft Services (or any part thereof).
Suspension of the Services
From time to time we may have to suspend or disconnect the services without notice or deny your access to the Services during any technical failure, modification or maintenance involved in the Services. We will use reasonable endeavors to procure the resumption of the services as soon as reasonably practicable. In these circumstances, you will remain liable for all charges due throughout the period of suspension.
Termination of the Services
If you wish to terminate your account with us for any reason, you may do so by giving us 30 days notice in writing. Any amount of fee that has been paid will not be refunded.
If we wish to terminate your Services for reasons other than a breach of TOS, we can do so by giving you 30 days written notice. In this circumstance, we will refund any remaining unused credit on your account.
If you use the Services provided for free ("Free Customer"), the Free Customer must use the Services at least once in 90 days by logging in and using the Services. Borneosoft reserves the right to terminate without notice the Free Customer account that has not been used for more than 90 days. Borneosoft shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Borneosoft Services.
If your account is closed for whatever reason, you must pay all outstanding charges immediately. Failure to pay all outstanding charges may result in your account being passed to a third party collection agency.
We are under no obligation to provide you with a copy of your data if we have suspended or terminated your access to the Services for your breach. For other termination reason other than your breach of the TOS, we may provide you with a copy of your data; in such circumstances, we are entitled to charge a fee for services. Borneosoft shall have the right in its sole discretion to decide the type of data provided to you. Borneosoft does not offer any Software or tools to read the copy of the data. The data will be in text format. Borneosoft does not provide any copy of data to Free Customer.
You agree that Borneosoft may, without prior notice, immediately terminate, limit your access to or suspend your accounts, any associated email address, and access to Borneosoft Services. Cause for such termination, limitation of access or suspension shall include, but not limited to:
- breaches or violation of the TOS or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- discontinuance or material modification to the Borneosoft Services (or any part thereof),
- unexpected technical or security issues or problems,
- extended periods of inactivity for Services provided to users for free,
- engagement by you in fraudulent or illegal activities, or
- nonpayment of any fees owed by you in connection with the Borneosoft Services.
Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Borneosoft sole discretion and that Borneosoft shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Borneosoft Services.
Termination of your Borneosoft account includes any or all of the following:
- removal of access to all or part of the offerings within the Borneosoft Services,
- deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
- barring of further use or all or part of the Borneosoft Services.
Notifications and Communications
All notifications under this agreement will be by email to your nominated internet address. By entering into this agreement, you agree to receive other email communications of a marketing and promotional nature unless you opt out of our mailing list. You will not be able to opt-out of critical service notifications, renewal, billing and account notifications, scheduled downtime notifications or any other communications deemed to be an essential part of the Services to you.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Borneosoft, Borneosoft Online Forms, Borneosoft CRM, the Borneosoft logo, and other Borneosoft logos and products and service names are trademarks of Borneosoft, ("Borneosoft Marks"). Without Borneosoft's prior permission, you agree not to display or use in any manner, the Borneosoft Marks.
The TOS constitutes the entire agreement between Borneosoft and you. It supersedes all prior agreements, understandings, and representations whether oral or written.
You and Borneosoft agree that the TOS and the relationship between you and Borneosoft shall be governed by the laws in force in the State of Victoria, Australia without regard to its conflict of law provisions. You and Borneosoft agree to submit to the exclusive jurisdiction of the Courts of State of Victoria.
The failure of Borneosoft to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to firstname.lastname@example.org
Last Updated: May 23, 2018