Terms of Service
Please read this terms of service and any other policies and documents referenced in this terms of service, which make up the “agreement.” Please read the agreement carefully before using this service.
Agree: by using the service or clicking “sign up” or requesting for login installation and login credentials verbally or via email, customer is agreeing to be bound by the agreement and if customer is not an individual, individual who clicks “sign up” has the appropriate authority to bind the customer to the agreement.
Cancel: if customer does not want to agree to this agreement then do not click to sign up but then customer cannot use the service.
This agreement is between DYS Solutions. (Hisaab.pk) and the entity or individual agreeing to these terms (Customer).
Subject to this Agreement, DYS Solutions/Hisaab.pk grants to Customer a non-exclusive, non-transferable, non-sub-licensable revocable license (License) to access and use a cloud based software service when Customer registers for a Hisaab.pk account and as further outlined at hisaab.pk(Service). The License is granted for the Term (as defined below) of this agreement.
2. Use of Service
a. Customer Owned Data. When registering for our Service you will provide Information that is necessary so you can use the Service, including, but not limited to, company name, individual name, address, phone number, mobile number and email address.
b. Access to Customer Account. Customer may allow other Hisaab users (Other Users) to access Customer’s account. Such access must be for the sole benefit of Customer. Customer is solely responsible for all access granted to Other Users and the actions of Other Users on Customer’s account. DYS Solutions/Hisaab accepts no liability or responsibility for any actions by an Other User on Customer’s account. It is DYS Solutions’s policy that DYS Solutions, its directors, officers, employees, agents or consultants will not make any changes to Customer Data, except in the event of a termination of this Agreement. However, in certain circumstances, DYS Solutions, its directors, officers, employees, agents or consultants will make changes to Customer Data, including changes or amendments to files a Customer sends to DYS Solutions, if a Customer or a Customer’s Other Users request such changes or amendments. Sometimes DYS Solutions, its directors, officers, employees, agents or consultants need to change information in a Customer’s account so DYS Solutions can fix technical issues that prevent DYS Solutions from properly delivering the Service.
c. Customer Responsibilities. Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify DYS Solutions/ Hisaab promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the Service’s technical documentation (support.hisaab.pk) and applicable law.
e. Third Party Services. Customer can integrate certain third party services into the Service. These third party services are not provided by DYS Solutions or Hisaab.pk. Customer agrees to hold harmless and release DYS Solutions and the Released Parties (defined below) from any liability relating to Customer’s use of the third party services or integration of the Services with the third party services. Customer’s ability to use the third party services may be limited according to the third party’s terms and conditions. When Customer integrates with a third party service, Customer authorizes DYS Solutions to share any Customer Data, whether confidential or not, with the third party service so Customer can take advantage of integration with Hisaab.pk. Any links to a third party service or website Customer finds in the Service or on hisaab.pk are provided for convenience only and Hisaab.pk does not control or endorse any material or information found on those third party sites.
h. Trial Version. If Customer has registered for a trial use of the Service, Customer may access the Service for a trial period granted by Hisaab. The Service is provided AS IS, with no warranty during this time period. All Customer data may be deleted after the trial period, unless Customer converts its account to a non-trial account.
g. Internet Access.Use of our Services may be available through a compatible mobile device using Internet access. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
h.Implementation. DYS Solutions/Hisaab do not make any warranties expresses or implied towards successful implementation of the project/software, as we understand that beside the software there are number of other variables that will contribute towards an effective implementation. However as per tradition and practice our best efforts and resources will be deployed towards generation of desired results.
i. Parallel operations. It is advised that our software should be operated in parallel with your previous system(manual or computerized) for at least a month or 45 days.
l. Renewal. DYS Solutions We will automatically renew your monthly, quarterly, or annual Services at the current rates, unless the Services are cancelled or terminated.
3. DYS Solutions Property
a. Reservation of Rights. The software, workflow processes, user interface, designs, know-how, and other technologies provided by DYS Solutions/Hisaab as part of the Service are the proprietary property of DYS Solutions/Hisaab and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain with their respective owners. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. DYS Solutions/Hisaab reserves all rights unless expressly granted in this agreement.
b. Restrictions. Customer may not (i) sell, resell, rent or lease the Service; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service, including, but not limited to uploading or distributing in any way files that contain viruses or corrupted files that may damage the operation of the Services; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
4. Term and Termination
a. Term. This agreement continues until Customer or DYS Solutions/Hisaab terminates the Customer account (Term).
b. Mutual Termination for Material Breach. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.
c. Return of Customer Data.
Within 30-days after termination, upon request DYS Solutions will make the Service available for Customer to export the Customer Data.
After such 60-day period, DYS Solutions/Hisaab has no obligation to maintain the Customer Data and may destroy it.
d. Return or Destroy DYS Solutions/Hisaab Property Upon Termination. Upon termination of this agreement for any reason, Customer must pay DYS Solutions/Hisaab for any unpaid amounts, and destroy or return all property of DYS Solutions. Upon DYS Solutions request, Customer will confirm in writing its compliance with this destruction or return requirement.
e. Aggregate Data. During and after the Term, DYS Solutions may use non-personally identifiable Customer Data for purposes of enhancing the Service, aggregated statistical analysis, technical support and other business purposes.
f. Suspension of Service for Violation of Law. DYS Solutions may temporarily suspend the Service or remove the applicable Customer Data, or both, if it in sole discretion acting reasonably believes that, as part of using the Service, Customer has violated a law. DYS Solutions will attempt to contact Customer in advance before DYS Solutions suspends the Service.
8. Liability Limit and Disclaimer
a. Limit on purposes of services. The services are not designed to replace professional advice, such as tax and accounting advice.
b. Disclaimer. Except as expressly provided in this agreement, the services are not guaranteed and are provided “as is.” While DYS Solutions takes reasonable, physical, technical and administrative measures to secure the service, DYS Solutions gives no representations, warranties or conditions of any kind, express or implied, including without limitation representations, warranties or conditions as to uninterrupted or error free or virus free service, accessibility, privacy of files, security, merchantability, quality or fitness for a particular purpose and those arising by statute or otherwise, or from a course of dealing or usage of trade.
c. Limitation on Liability. DYS SOLUTIONS, ITS DIRECTORS, employees, agents, re-sellers, contractors, or affiliates (RELEASED PARTIES) will not be liable in any way for any claim for: (a) punitive, EXEMPLARY or aggravated damages; (b) damages for loss of profits or REVENUE, failure to realize expected savings, loss of use or lack of availability of customer data; (c) indirect, CONSEQUENTIAL or special damages, ARISING from or in connection with the services, regardless of WHETHER or not customer informed or advised DYS Solutions of the possibility of such damages; (d) Contribution, indemnity or set-off in respect of any claims against customer; (e) any damages whatsoever relating to third-party products, client materials or any goods or services not developed or provided by DYS Solutions; or (f) any damages whatsoever relating to interruption, delays, errors or OMISSIONS EVEN IF SUCH INTERRUPTION, DELAYS, ERRORS OR OMISSIONS WERE CAUSED BY ANY OF THE RELEASED PARTIES.
d. Total limit on Liability. DYS Solutions’s liability for all damages arising out of or related to this agreement (whether in contract, warranty tort, including negligence, or otherwise) does not exceed the amount paid by Customer within the 12 month period prior to the event that gave rise to the liability.
9. Amendment of Service and Terms
DYS Solutions can, without notice and in DYS Solutions sole discretion, without any notice or liability to Customer, terminate Customer’s right to the License to use the Service or any part of the Service. DYS Solutions an also terminate, without any notice or liability to Customer, any part of the Service. DYS Solutions is constantly adding new products and features to the Service, so DYS Solutions can amend this Agreement as DYS Solutions sees fit. If Customer does not approve of any amendments or modifications, then Customer must quit using the Service.