Terms of Service
These Terms of Service, Business Regulations, and SLA (hereunder “Agreement”), state the duties, rights, and responsibilities between Kiu Vietnam (hereunder “Kiu”) and the product, software, human resource service, features (hereunder “Service”) provided by Kiu and the subject that accepts this Agreement (hereunder “Customer”) to use them in Kiu’s service website (hereunder “Service Website”).
I. Validity of Terms
This Agreement, consisting of Terms of Service, Business Regulations, and SLA, will be effective from when the Customer has submitted a subscription to Kiu and Kiu approves the subscription. Even if the Customer accepts the Agreement and submits a subscription through an agent (including, but not limited to a family member or employee) the agent will certify that he or she has the proper authorization to act on behalf of the Customer contractually and legally and the Customer will certify to accept the Agreement and to comply with it. By accepting the Agreement, the Customer will agree to be held responsible for all users that will be using this Service once it is provided to them by the Customer (such as the Customer’s employees, branches, affiliated companies, subcontractors, clients, vendors, etc.) ensuring that they comply with this Agreement.
II. Modification of Terms
Kiu has the right to modify the Agreement at any time. Kiu will state the effective date of the revised Agreement and post it on the Website. The revised Agreement will be applied from the stated effective date. The Customer’s continued use of the Service after being notified of modifications will be regarded as compliance with the revised Agreement. However, the contents of revised Agreement that were modified remarkably unfavorable to the Customer will be notified individually by electronic means such as an e-message, etc. If the Customer does not raise objections to Kiu within 3 days of the notification or if the Customer continues to use the Service after the notification, it will be considered that the Customer has agreed to the revised Agreement from the point when the above period has been exceeded or from the point that the Customer continued to use the Service.
III. Free Trial (including Product Demo)
This Agreement will also be applied when a Customer subscribes for a Free Trial. Certain functions may be restricted due to limitations of technology and policy. Kiu can cease providing the Service for any Free Trial at any time. If the Customer does not switch to a paid Customer until completion of the Free Trial Service Period, Kiu will no longer provide the Free Trial Service to the Customer. Also, the Customer will not be able to access, reclaim or reuse all data that were entered or settings that were created during the Free Trial period. If the Customer wants to continue to use the entered data and settings, the Customer must subscribe to a paid account before the Free Trial period expires.
The Service will be provided based on the Service Website on the Internet that is operated by Kiu and it will be provided only through public data networks (a network service through the Internet). The Service is designed to be used on a specific Internet browser and version. The optimal Internet browser and version for use may be changed based on technological needs. The Service may not be partially or entirely accessible on Internet browsers and versions outside of the standard ones suggested. Kiu has the right to change (including but not limited to adding new functions and procedures as well as modifying and deleting existing functions and procedures) its Service at any time according to the judgment based on technology and policy. However, if Kiu deems a change as important, change details may be displayed at the Service main page and notified to the Customer. The Service may be changed regularly or irregularly. Customer can make a proposal or provide an idea to Kiu regarding the functions and procedures necessary for the Customer at any time. However, Kiu has the right to decide on developing the proposal or idea based on the request frequency from multiple Customers, the possibility of the proposal or idea to be developed, the overall direction and suitability of the proposal or idea for development at its own discretion. Kiu does not provide professional advice for legal, financial, accounting, tax or other professional services. Consult the services of a competent professional when you need this type of assistance. Although the Customer has taken counsel from Kiu through all methods, procedures and details, Kiu does not have any responsibility for the veracity, legitimacy, validity, etc. of the advice that the Customer has acquired.
V. Use with your Mobile Device
Use of these Services is available through a compatible mobile device using Internet access. The Customer agrees to be solely responsible for any applicable changes including the terms of the Customer’s agreement with his or her mobile device and telecommunications provider, general usage, service updates, etc. Kiu will not have any responsibility for the service errors (including but not to be limited to the following issues) that have no causes imputable to Kiu.
The availability of telecommunication services from the Customer’s provider;
The access to the Services at any time from any location;
Any loss, damage or other security intrusion of the telecommunication services;
Failure to transmit any data, communications or settings connected with the services;
Any disclosure of information to third parties
VI. Data Protection and Management
The Data (hereunder “Data’) refers to any material (including but not limited to data, post, software, music, sound, photo, graphic, message) and any additional material that is created through combining, modifying and recalculating those materials that were uploaded, posted or saved in the Service Website while the Customer was using the Service. Kiu has realized the industry standard system and procedure to protect Customer’s data and to prevent unauthorized access to Customer’s data. The Customer’s data may be stored and processed at a region or country where Kiu or a Kiu representative is maintaining and managing data server facilities. Kiu can provide the Customer’s data to an organization that has requested for it or open it to the public without giving prior notification to the Customer if ordered to by a warrant of an investigative agency, a court’s ruling or decision, or an applicable law. Kiu provides customers with the ability of data deletion to delete the data, and the data is generally deleted, however, Kiu may have stored the deleted data and it might still remain in the backup server. In accordance with the Kiu backup data management policy, the backup data is automatically eliminated after a certain period of time (normally 7 business days, but not always). If data is lost, Kiu is unable to know which customer data is more or less important, or what data is more or less important among certain customers. Kiu manage customer data through certain procedure with the same level of attention regardless of the importance or priority of the stored data; Even if loss or modification of data was generated during Kiu feature upgrades, system maintenance and replacement, data migration, and other actions relating to the day-to-day service as part of typical maintenance, the reimbursement amount will not be more than the amount paid during the last 12 months of service regardless of the data's importance or priority. The Customer is responsible for any lost or unrecoverable data caused by the Customer’s mistake or negligence of its management. Possibility of error occurrence. Computer software can confront errors and/or unexpected results during use as a result of a bug or inaccuracy in development. For that reason, KIU ERP may also unexpectedly face similar errors when entering, saving, or calculating data. If a user notices any kind of error or discrepancy of use in the software, it is important that they inform Kiu's team immediately so as to have it tended to promptly. In the event that Kiu ERP has already noticed the error, it will continue to be handled in a timely fashion. However, if an error is found to be a result of a previously reported discrepancy in the development of the program, it will be tended to in the order in which the solution will be implemented. In some cases, this may result in delays. The Customer will agree not to use, nor permit any third party to use the Service to upload, post, distribute, link to, publish, reproduce, or transmit any of the following. If the following Content has been posted, Kiu can delete the relevant Content immediately based on its judgment. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind including any conduct that was not mentioned above that would encourage flaming others, or criminal or civil liability under law; The Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy; Unsolicited commercial communication for the third party such as solicitations, investment opportunities, pyramid schemes, group messages (SMS), spam emails, etc.; Virus, Trojan horse, worm or other disruptive or harmful software or dataAny information or software which is not legally imputed to the Customer and without permission from the copyright owner or intellectual property rights owner: and any data that is objectively inappropriate to be removed. Kiu can monitor or collect any data to protect Kiu and its Customers or to operate the Service properly. Kiu, in its sole discretion, may refuse to post, remove, or refuse to remove, any data, in whole or in part, alleged to be unacceptable or undesirable, inappropriate or in violation of this Agreement.
VII. Information Provision and Advertisement
The Customer agrees that Kiu has the authorization to reprocess the information, publish or distribute it and also has the authorization to use it for improving the Service. Kiu can provide other services, products or advertisements of Kiu to the Customer and other additional terms and conditions or fees can be applied at this point. Kiu can convey information of additional services or product of third parties that can be supportive in using the Service to the Customer. The Customer agrees to allow Kiu to send the information above by email or to post it on the Service Website. Kiu can freely use (including but not limited to ideas for service improvement and usage as advertisement or marketing materials) the Content such as a proposal, idea, details of inquiry, etc. that was created by the Customer in any form for service improvement. Kiu has a perpetual, worldwide, fully transferable, sub-licensable authorization for the Content provided by the Customer. The Customer cannot request any payment, such as a royalty, etc., for the Content that he or she has provided to Kiu.
VIII. Community Forums
Payment: The Customer will make a payment for Kiu Service monthly, quarterly or yearly.
Payment method: Customer will pay using the payment method and the currency unit designated by Kiu unless agreed otherwise.
Tax included: Since the Customer will be responsible for all applicable taxes (including but not limited to VAT) according to their governing bodies, payments from the Customer for Kiu Service must include the applicable taxes.
Withholding tax: The total payment amount to be paid by the Customer will be based on the final amount to be received by Kiu through a payment method such as a bank, credit card company, Payment Gateway, PayPal, etc. that was designated by Kiu. The Customer will be responsible for the amount that will be paid to the tax authorities of the Customer’s country for the relevant payment.
X. Cancellation and Termination
Termination: Service will be terminated automatically on the expiration date if the Customer does not renew the contract by paying the relevant fee on a monthly basis or for the prepayment period.
Service Period: The expiration date of the account will be determined by the first using date regardless of payment day and payment method of the customer.
Cancellation by Customer: The Customer can cancel the use of the Service at any time.
Cancellation by Kiu: Kiu can cancel the Service at any time for any reason while providing the Service. In this case, Kiu will notify the Customer of the Service cancellation at least 30 days prior to the actual cancellation. The notification will be sent either via email or by posting the relevant contents on the main page. However, the Service can be cancelled immediately if the Customer has violated the Agreement.
Customer data backup: The Customer can request backup data prior to terminating or cancelling the Service.
Data disposition after cancellation: Kiu will not be responsible for storing data of the Customer once Service has been cancelled or terminated. Kiu’s internal policy is to delete data, including data that has not been deleted, of a former Customer 6 months after Service cancellation or termination.
Kiu can suspend Service after sending a notification to the Customer through electronic means such as an email, etc. if the Customer violates the Agreement or if there is the Customer internal dispute regarding Customer data ownership. Kiu can suspend Service at any time in case it is necessary for conducting scheduled or irregular system checks, urgent security reason, or other reasons that are necessary for Service provision. Kiu has no liability of compensation for any damage occurred to the Customer as a result of the suspension.
XII. Exemption and Restriction
Force majeure: Both parties of the Agreement, Customer and Kiu, will not be responsible for any nonfulfillment of the Agreement that occurred as a result of an event beyond the control of both parties such as a natural disaster, war or terror, riot, labor problems, governmental actions, Internet service error, Denial of Service (DoS) attack, etc.
Limit for the compensation amount: Except for Article XII of this Agreement, even if any damage by Kiu has occurred for reasons attributable to customer, and customer claims that Kiu is liable for the incident, Kiu will not provide compensation for an amount that exceeds the amount paid for 12 months prior to the incident. The Customer will be using this Service based on his or her own decision regarding its suitability and utility when subscribing to the Service. Kiu does not contend that the Service is adequate for all regions or countries a Customer resides in.
Applicable law and Dispute settlement: This agreement will be understood and explained by The laws of the Country that Customer register. For agreeing with Terms of Service, Customer also agree to attend The Commercial Arbitration activities when having dispute. Any dispute arising from inside or outside of the contract will be solved by The Commercial Arbitration Activities through an Arbitration Center in Vietnam. Used language is Vietnamese. To apply the laws of Socialist Republic of Vietnam. The customer must read carefully and honestly with this agreement and regulations. Then, observing seriously, following The Arbitration Center.
Consent: Customer will be in full agreement with all documents such as the Terms of Service, Business Regulations and SLA which compose the Agreement by subscribing to the Service.
Interpretation of contradicting terms: If a discrepancy occurs between the documents which compose the Agreement and Service Website, the order of priority will be as follows: (1) The webpage displaying the price policy, (2) Business Regulations, (3) SLA, (4)Terms of Service