TreezSoft Terms of Use
Welcome to
TreezSoft, a cloud accounting and personal finance management
service designed exclusively for small businesses and consumers,
accountants, bookkeepers, and CPAs. These Terms of Use are
intended to explain our obligations as a service provider and Your
obligations as a customer. Please read them carefully.
These
Terms are binding on any use of the Service and apply to You from
the time that TreezSoft provides You with access to the Service.
The
TreezSoft Service will evolve over time based on user feedback.
These Terms are not intended to answer every question or address
every issue raised by the use of the TreezSoft Service. TreezSoft
reserves the right to change these terms at any time, effective
upon the posting of modified terms and TreezSoft will make every
effort to communicate these changes to You via email or
notification via the Website. It is likely the terms of use will
change over time. It is Your obligation to ensure that You have
read, understood and agree to the most recent terms available on
the Website.
By
registering to use the Service you acknowledge that You have read
and understood these Terms and have the authority to act on behalf
of any person for whom You are using the Service. You are deemed
to have agreed to these Terms on behalf of any entity for whom you
use the Service.
Definitions:
"TreezSoft" |
means
TreezSoft.com, which is headquartered in Malaysia. |
"Agreement" |
means this Terms of Use. |
"Services" |
means any usage of
registered accounts services related to TreezSoft, as a company
or as services. |
"Trial Period" |
means a period of
usage where no Access Fees will be charged to the Users/You. |
"Access Fees" |
Means the monthly fee
(excluding any taxes and duties) payable by You in accordance
with the fee schedule set out on the Website (which TreezSoft
may change from time to time on notice to You). |
"Organisation" |
means a
profit/non-profit party which registers itself/themselves to the
services provided by TreezSoft. |
"Third-Party" |
means any other
services provider whom has no direct relationship with
TreezSoft. |
"Users/You",
"Invited User" |
means the
person whom registered to the Services, and, where the context
permits, includes any entity on whose behalf that person
registers to use the Service. |
REGISTERED TREEZSOFT USER
TERMS AND AGREEMENT
- Terms
of Use: By becoming a Registered TreezSoft User. TreezSoft
grants You the right to access and use the Service via the
Website. This right is non-exclusive, non-transferable, and
limited by and subject to this Agreement. You acknowledge and
agree that, subject to any applicable written agreement between
You and Your Invited Users, or any other applicable laws:
- You determine who is an
Invited User and what level of user role access to the relevant
organisation and Service that Invited User has;
- You are
responsible for all Invited Users' use of the Service;
- You control each
Invited User's level of access to the relevant organisation and
Service at all times and can revoke or change an Invited User's
access, or level of access, at any time and for any reason, in
which case that person or entity will cease to be an Invited
User or shall have that different level of access, as the case
may be;
- If there is any dispute
between You and an Invited User regarding access to any
organisation or Service, You shall decide what access or level
of access to the relevant Data or Service that Invited User
shall have, if any.
- Your
Obligations:
- Payment
obligations:
- An invoice for the
Access Fee will be issued on the 5th calendar day of every
month.
- You will be invoiced
the Access Fee for the preceding one month for all the
subscribed organisation. Any subscribed organisation that
started subscribing within the preceding month will have its
monthly Access Fee prorated beginning from the date it
started till the end of the month.
- TreezSoft will continue to
invoice You monthly until this Agreement is terminated in
accordance with clause 3. All TreezSoft invoice will be sent
to You, or to a Billing Contact whose details are provided by
You, by email. You must pay or arrange payment of all amounts
specified in any invoice by the due date for payment and are
payable within 10 days of the invoice date. You are
responsible for payment of all taxes and duties in addition
to the Access Fee.
- Protecting
your username and password:
- User ID and
Password: You must ensure that all user IDs and passwords
required to access the Service are kept secure and
confidential. You must immediately notify TreezSoft of any
unauthorised use of Your passwords or any other breach of
security and TreezSoft will reset Your password and You must
take all other actions that TreezSoft deems necessary to
maintain or enhance the security of TreezSoft's systems and
networks and Your access to the Services.
- General:
- As
a condition of these Terms, when accessing and using the
Services, You must:
- not attempt to
undermine the security or integrity of TreezSoft's
computing systems or networks or, where the Services are
hosted by third party, that third party's computing systems
and networks;
- not use, or
misuse, the Services in any way which may impair the
functionality of the Services or Website, or other systems
used to deliver the Services or impair the ability of any
other user to use the Services or Website;
- not attempt
to gain unauthorized access to any material other those to
which You have been given express permission to access or
to the computer system on which the Services are hosted;
- not transmit,
or input into the Website, any files that may damage any
other person's computing devices or software, content that
may be offensive , or material or Data in violation of any
law (including Data or other material protected by
copyright or trade secrets which You do not have the right
to use); and
- not attempt
to modify, copy, adapt , reproduce , disassemble, decompile
or reverse engineer any computer programs used to deliver
the Services or to operate the Website except as is
strictly necessary of use either of them for normal
operation.
- Termination:
TreezSoft may terminate this Agreement or suspend the Services
provided to you based on the condition or circumstances below:
- if you fail to comply with the
terms or if you no longer agree to the terms.
- Upon termination
you will have limited access to the Account. Any outstanding
payments will become due.
- Any termination of
this Agreement shall not affect TreezSoft's rights to any
payment due to it.
- Other requirements
regarding termination or cancellation of the Services may apply
based on the specific ordering terms for the Services provided
to you.
- Notification:
- Any notice
given under these Terms by either party to the other must be in
writing by email and will be deemed to have been given on
transmission. Notices to TreezSoft must be sent to
support@treezsoft.com or to any other email address notified by
email to You by TreezSoft. Notices to You will be sent to the
email address which You provided when setting up Your access to
the Service.
- Intellectual
property:
- General:
- Title
to, and all Intellectual Property Rights in the Services, the
Website and any documentation relating to the Services remain
the property of TreezSoft.
- Ownership of
Data:
- Title to, and
all Intellectual Property Rights in the Data remain Your
property. You grant TreezSoft an access to use, copy,
transmit, store, and back-up Your information and Data for
the purposes of enabling You to access and use the Services
and for any other purpose related to provision of services to
You.
- Backup of Data:
- You must maintain
copies of all Data inputted into the Service. TreezSoft
adheres to its best practice policies and procedures to
prevent data loss, including a daily system data back-up
regime, but does not make any guarantees that there will be
no loss of Data. TreezSoft expressly excludes liability for
any loss of Data no matter how caused. (Refer to Clause 6.)
- Third-party
applications and your Data:
- If You enable
third-party applications for use in conjunction with the
Services, You acknowledge that TreezSoft may allow the
providers of those third-party applications to access Your
Data as required for the interoperation of such third-party
applications with the Services. TreezSoft shall not be
responsible for any disclosure, modification or deletion of
Your Data resulting from any such access by third-party
application providers.
- Liability,
warranties, and indemnity:
- Liability:
- TreezSoft
shall under no circumstances be liable for any of the
following:
(a) special,
indirect, incidental, or consequential damages, including
without limitation, damages resulting from delay of delivery
or from loss of profits, data, business or goodwill, on any
theory of liability, whether arising under tort (including
negligence), contract or otherwise;
(b) damages
relating to failure of telecommunications, the interent,
electronic communications, corruption, security, loss or
theft of data, viruses, spyware, or use of software or
hardware that does not meet TreezSoft system requirements,
whether or not TreezSoft has been advised or is aware of the
possibility of such damages.
- No warranties:
- TreezSoft
gives no warranty about the Services. Without limiting the
foregoing, TreezSoft does not warrant that the Services will
meet Your requirements or that it will be suitable for any
particular purpose. To avoid doubt, all implied conditions or
warranties are excluded in so far as is permitted by law,
including (without limitation) warranties.
- Indemnity:
- You will
indemnify TreezSoft against all claims, charges, costs,
damages or losses arising from Your breach of any of these
Terms or any Obligations You may have to TreezSoft, including
(but not limited to) any costs relating to the recovery of
any Access Fees that are due but have not paid by You.
- You
will indemnify TreezSoft against all claims, charges, costs,
damages or losses arising from issues which might be due to
Technical Constraints.
- Change of terms:
- TreezSoft
reserves the rights to change this Agreement without prior
notices to You.
- General:
- Entire
agreement:
- These
Terms, together with the TreezSoft
Privacy Policy and the terms of any other notices or
instructions given to You under these Terms of Use, supersede
and extinguish all prior agreements, representations (whether
oral or written), and understandings and constitute the
entire agreement between You and TreezSoft relating to the
Services and the other matters dealt with in these Terms.
- Waiver:
- If either
party waives any breach of these Terms, this will not
constitute a waiver of any other breach. No waiver will be
effective unless made in writing.
- Delays:
- Neither party will
be liable for any delay or failure in performance of its
obligations under these Terms if the delay or failure is due
to any cause outside its reasonable control. This clause does
not apply to any obligation to pay money.
- No Assignment:
- You may not assign
or transfer any rights to any other person without
TreezSoft's prior written consent.
- Governing
law and jurisdiction:
- In all other
situations this Agreement is governed by the laws of Malaysia
and You hereby submit to the exclusive jurisdiction of the
courts of Malaysia for all disputes arising out of or in
connection with this Agreement.
- Severability:
- If any part or
provision of these Terms is invalid, unenforceable or in
conflict with the law, that part or provision is replaced
with a provision which, as far as possible, accomplishes the
original purpose of that part or provision. The remainder of
this Agreement will be binding on the parties.
- Notices:
- Any notice
given under these Terms by either party to the other must be
in writing by email and will be deemed to have been given on
transmission. Notices to TreezSoft must be sent to
support@treezsoft.com or to any other email address notified
by email to You by TreezSoft. Notices to You will be sent to
the email address which You provided when setting up Your
access to the Service.
- Rights of
Third Parties:
- A person who is not a
party to these Terms has no right to benefit under or to
enforce any term of these Terms.