Terms and Conditions Business User

Subscription Process and Online Portal The Customer may subscribe to Pondok Bahasa’s Services by completing and submitting a Subscription Form through an online portal provided by Pondok Bahasa. This form must detail the exact number of students in each class to ensure accurate service provision and compliance with licensing agreements. Submission of the Subscription Form via the online portal constitutes an offer to Pondok Bahasa. The agreement becomes binding upon Pondok Bahasa’s written confirmation or when access to the Services is provided to the Customer. Pondok Bahasa, in its sole discretion, may accept or decline the Subscription Form in whole or in part and will also subject the online Subscription Form submission process to these Terms and, where applicable, a Data Processing Addendum.

Verification of Student Numbers Pondok Bahasa reserves the right to verify the number of students reported in the Subscription Form with the school’s administration or designated school authorities. This verification aims to ensure the accuracy of the provided information and compliance with Pondok Bahasa’s operational requirements.

Subscription Period Options The subscription period for Pondok Bahasa’s Services can be on a term, semester, or annual basis, as specified in the Subscription Form. The specific duration will be agreed upon at the time of the subscription and outlined in the Subscription Form.

Automatic Renewal The subscription will automatically renew at the end of the chosen period (term, semester, or year) under the same Terms and Conditions, unless the Customer or Pondok Bahasa provides written notice of the intention not to renew at least 30 days before the expiry of the current subscription period. The terms of the renewal, including any changes in fees or services, will be communicated to the Customer prior to the end of the current period.

Pricing Structure The price for a subscription to Pondok Bahasa’s Services will be based on the selected subscription period—term, semester, or year—unless otherwise specified in the Subscription Form. The specific pricing for each period option will be outlined in the Subscription Form or agreed upon in writing between Pondok Bahasa and the Customer. Unless expressly stated in writing, all amounts payable Pondok Bahasa will be exclusive of goods and services tax (GST).

Payment Terms Payment must be made according to the terms set out in the Subscription Form. Typically, this will be on or before the start of the subscription period, with terms for late payment clearly defined

Adjustment for Additional Users If the number of users exceeds the amount specified in the Subscription Form, Pondok Bahasa will issue an invoice for the additional users, calculated at the rate previously agreed upon for the specified subscription period.

Changes to Subscription and Pricing Pondok Bahasa reserves the right to adjust subscription plans and pricing. Changes will be communicated to the Customer through a Change Notice. The Customer will then have the option to continue under the new terms or terminate the subscription. Subscription periods are typically set for a term, semester, or year, and the specific duration will be clearly stated in the Subscription Form.

Responsibility for User-Generated ContentIf Pondok Bahasa exercises its right to terminate the subscription under clause 4.4(b), the Customer must download any necessary User-Generated Materials or other data before the end of the notified Subscription Period. Pondok Bahasa is not responsible for retrieving any Customer Generated Materials or other data once the Subscription Period has ended.

No Refund Policy Except as explicitly stated herein, no refunds will be provided once a subscription fee is paid. If Pondok Bahasa terminates a subscription early, as per the terms set out in the agreement, the Customer may be eligible for a pro-rata refund of the unused portion of the subscription fee.

Licence to Use Upon receipt of payment, Pondok Bahasa grants the Customer a non-exclusive, non-transferable licence to access and use the Services for educational purposes within the agreed subscription period. This licence is specifically tied to the number of users and the period (term, semester, or year) stated in the Subscription

Intellectual Property Rights All intellectual property rights in the Services, including but not limited to software, content, and documentation, are owned by Pondok Bahasa or its licensors. The Customer is granted a licence to use these materials as part of the Services and is not granted any ownership rights.

User-Generated Content The Customer and its users retain ownership of the intellectual property rights in any content they generate while using the Services (User-Generated Content). However, by uploading or creating content within the Services, the Customer grants Pondok Bahasa a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display this content as necessary for the provision and operational enhancement of the Services.

Content Responsibility and Intellectual Property The Customer is responsible for ensuring that the User-Generated Content does not infringe on the intellectual property rights of third parties. Pondok Bahasa is not responsible for the Customer’s creation or use of content that violates copyright, trademark, or other intellectual property laws.

Termination and Intellectual Property Upon termination of the subscription, the Customer’s licence to access and use the Services and related intellectual property rights will end. The Customer must cease using the Services and delete or return any proprietary material provided as part of the Services.

Ownership and Risk The Customer acknowledges that Pondok Bahasa (and its related entities, as applicable) is the exclusive owner of the educational platform and services (the "Service"), including its content, except for any Customer Generated Content. The Service remains the property of Pondok Bahasa at all times, subject to any third-party rights. The Customer must not sell, transfer, license, or otherwise deal with the Service in a way that is inconsistent with Pondok Bahasa’s ownership.

Third Party Products The Customer acknowledges that any third-party branded products or services accessed through the Service are not part of Pondok Bahasa's offerings and are subject to the terms and conditions of the third parties. Pondok Bahasa disclaims all liability related to these Third Party Products and their performance.

Pondok Bahasa’s Commitments Pondok Bahasa will:

• Ensure the Service is operational and accessible during the Subscription Period, except during scheduled maintenance or downtime beyond Pondok Bahasa’s control.
• Provide updates and enhancements to the Service as deemed necessary.
• Offer support during business hours for the Service.

No Warranties Pondok Bahasa provides the Service "as is" without warranty of any kind, either express or implied. The Customer uses the Service at its own risk and Pondok Bahasa is not liable for any direct or indirect damages arising from such use.

Customer’s Responsibilities The Customer agrees to:

• Use the Service lawfully and in accordance with the provided terms.
• Not reverse engineer, decompile, or otherwise attempt to extract the source code of the Service.
• Ensure that the Service is used only for its intended educational purposes.
• Comply with any use restrictions and follow any instructions provided by Pondok Bahasa regarding the Service.
• Supervise and control the use of the Service by its users, ensuring compliance with these Terms.

User Generated Content The Customer is responsible for ensuring that any content it generates or uploads complies with applicable laws and does not infringe on any intellectual property rights. Pondok Bahasa has the right to remove or restrict access to any content that violates these Terms or is deemed inappropriate.

Data Protection Compliance Pondok Bahasa commits to protecting personal information in accordance with the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth) and any other applicable data protection laws. The Customer agrees to adhere to these principles in the processing of personal data obtained through the use of Pondok Bahasa’s services.

Collection and Use of Personal Information Personal information collected through Pondok Bahasa’s services will be used only for the purpose of providing and improving these services, consistent with the stated purposes in our Privacy Policy. The Customer consents to the collection, use, and disclosure of personal information as necessary for the provision of the services.

Security of Personal Information Pondok Bahasa will take reasonable steps to ensure the security of personal information, protecting it against unauthorized access, disclosure, alteration, or destruction. We will implement appropriate physical, technical, and administrative measures to secure the data.

Access, Correction, and Deletion Individuals have the right to access their personal information held by Pondok Bahasa and may request correction or deletion of their information if it is inaccurate, out of date, or no longer necessary. Pondok Bahasa will provide mechanisms to enable individuals to exercise these rights.

Data Breach Response In the event of a data breach, Pondok Bahasa will act in accordance with the Privacy Act’s Notifiable Data Breaches (NDB) scheme, taking prompt action to investigate and address the breach, and notify affected individuals and the Office of the Australian Information Commissioner (OAIC) where legally required.

Conditions of Default The Customer will be considered in default if:

• Failure to Pay: The Customer fails to pay any amount due under these Terms by the Due Date.
• Material Breach: The Customer breaches any significant provision of these Terms or the Subscription Form, and such breach remains unremedied after 7 days following notice of the breach. This includes any unauthorised or prohibited use of Pondok Bahasa’s services by the Customer or any user.
• Insolvency: The Customer becomes insolvent, is wound up, has a receiver appointed, enters into liquidation, administration, or any arrangement with its creditors, or commits any act that renders it liable to any of the above circumstances.

Actions on DefaultIf the Customer is in default as outlined in section 8, Pondok Bahasa may take one or more of the following actions:

• Charge Interest: Apply interest charges on overdue amounts, as stipulated in the payment terms.
• Remediation Requirement: Require the Customer to remedy the default within a specified period.
• Subscription Suspension or Termination: Suspend or terminate the Customer’s access to the services.
• Access De-activation: Deactivate the Customer’s account and access to the services.
• Contract Cancellation: Cancel the contract under these Terms.
• Legal Rights: Exercise any legal rights or remedies available to Pondok Bahasa under these Terms or applicable law.

User Generated Content Pondok Bahasa does not review User Generated Content posted through its services and is not responsible for its accuracy, completeness, or compliance. The Customer is responsible for ensuring that any content they generate or upload complies with all applicable laws and does not infringe upon the rights of any third party.

Security

• Pondok Bahasa cannot guarantee that files available for download from its services will be free of viruses or other harmful components. The Customer is responsible for implementing sufficient security and data integrity measures.
• Pondok Bahasa will not be liable for any loss or damage caused by malware, viruses, or other harmful material that may affect the Customer’s systems as a result of using Pondok Bahasa’s services or downloading content linked to these services.

External Website LinksExternal Website Links Pondok Bahasa is not responsible for the content of external sites linked through its services. The Customer should review the terms and privacy policies of these external sites before engagement.

Indemnity The Customer agrees to indemnify Pondok Bahasa against any claims, damages, or expenses arising from the Customer’s use of the services, breach of these Terms, or infringement of third-party rights.

Business Purposes If the services are used for business purposes, the Customer agrees that certain statutory guarantees and remedies may not apply to their agreement with Pondok Bahasa.

No Liability To the maximum extent permitted by law, Pondok Bahasa will not be liable for any direct, indirect, incidental, or consequential damages arising from the use of its services, except to the extent of any liability that cannot be excluded under applicable law. In such cases, Pondok Bahasa’s liability will be limited to the fees paid by the Customer within the last 12 months.

No Liability for Termination Pondok Bahasa is not liable for any costs, damages, or claims arising from the termination of services, with the Customer responsible for any outstanding fees or charges under these Terms.

Governing Law and Jurisdiction These Terms are governed by and construed in accordance with the laws of Australia, and the parties submit to the exclusive jurisdiction of the Australian courts for any disputes or legal matters arising out of these Terms.

Amendment Pondok Bahasa reserves the right to amend these Terms at any time. Customers will be notified of any significant changes that affect their use of the services. Continued use of the services after such notification constitutes acceptance of the amended Terms.

Inconsistency In the event of any inconsistency between these Terms and any other agreement or policy related to Pondok Bahasa’s services, these Terms will prevail unless expressly agreed otherwise in writing.

Entire Agreement These Terms, together with any Subscription Form and other agreed written terms, constitute the entire agreement between Pondok Bahasa and the Customer regarding the service provision, superseding all prior agreements and understandings.

No Waiver Failure by Pondok Bahasa to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision unless acknowledged and agreed to by Pondok Bahasa in writing.

Severability If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

Third Party Rights These Terms do not confer any rights or remedies upon any person other than the parties to these Terms.

Force Majeure Pondok Bahasa will not be liable for any failure to perform its obligations under these Terms if such failure is caused by events beyond its reasonable control, including but not limited to natural disasters, government actions, or technological failures.