Terms & Conditions

5. Payment and Renewal

General Terms

PerfX offers optional paid services to enhance your monitoring experience, such as additional monitor quotas and shorter monitor intervals (collectively referred to as an "Upgrade"). By selecting an Upgrade, you agree to pay PerfX the indicated monthly or annual subscription fees for that service.

Payment and Billing Terms:

• Pre-Paid Basis: All payments are charged on a pre-paid basis on the day you sign up for an Upgrade.
• Subscription Coverage: Your payment covers the use of the selected service for the specified subscription period, whether monthly or annual.

Plan Upgrades:

• Adjusting Your Plan: If you choose to upgrade your plan, the payment method you provided will be charged or credited the new prorated amount for the current billing period upon your request.
• Prorated Charges: You will be required to pay the rate for the upgrade from the date of the upgrade to the end of your current billing cycle.
• Immediate Access: After successful confirmation of your purchase, you'll receive access to your new plan within a few minutes, depending on the speed of our payment processor.

Additional Considerations:

• Automatic Renewal: Unless you cancel your subscription, it will automatically renew at the end of each billing cycle under the same terms.
• Cancellation Policy: You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period, and you will not be charged for subsequent periods.
• Payment Methods: We accept various payment methods for your convenience. By providing a payment method, you represent that you are authorized to use it and authorize PerfX to charge the full amount due for your selected Upgrade.

Billing Changes and Plan Adjustments

• New Rate Application
  The new rate for your plan will apply starting from your next billing cycle.
• Proration Amounts
  The proration amount displayed during checkout is calculated based on the seconds remaining in your current billing period.
  Note: Due to this precise calculation, you may notice a slight difference between the proration amount shown at checkout and the actual billed amount.
• Downgrading Your Plan
  • Scheduled Downgrade:
    • A plan downgrade will be scheduled for your usual renewal date.
    • Your current plan will remain active until the end of your currently prepaid period.
    • The new, lower rate will apply and be charged in your next billing cycle.
  • Exception for Last-Minute Downgrades:
    • If you downgrade your plan within 24 hours of expiration, the new plan will become active within a few minutes.
    • No proration will be applied in this case.
• Resource Limits and Plan Downgrades
  If the new plan does not fit the limits of your account resources (e.g., monitors, interval, etc.):
  • We reserve the right to deny the downgrade of your plan.
  • Alternatively, we may suspend resources that exceed the limits of your new plan.
  • You will be informed before any such action is taken.
• Changes to Payment Terms and Fees
  • PerfX reserves the right to change payment terms and fees at any time.
  • Any changes will be communicated to you, and adjustments will be applied in accordance with our policies.

Minimal Hardware and Software Requirements for Using PerfX

PerfX is designed with accessibility and convenience in mind, ensuring you can monitor your services seamlessly across a variety of devices. Here's what you need to get started:

Operating System Compatibility

PerfX works flawlessly on any operating system capable of running a modern web browser, including:

Desktop and Laptop Systems:

• Windows (7, 8, 10, and above)
• macOS (Sierra, High Sierra, Mojave, Catalina, Big Sur, Monterey and above)
• Linux Distributions (Ubuntu, Fedora, Debian, etc.)

Mobile Devices:

• iOS (11 and above)
• Android (6.0 Marshmallow and above)

Browser Requirements

To ensure optimal performance and security, we recommend using the latest versions of the following modern browsers:

• Google Chrome
• Mozilla Firefox
• Safari
• Microsoft Edge
• Opera

These browsers support the necessary web technologies that PerfX utilizes to deliver real-time monitoring and interactive dashboards.

No Additional Software Needed

• Browser-Based Access: There's no need to download or install any additional software. Simply navigate to the PerfX website using your preferred browser.
• Mobile Access: While our dedicated iOS and Android apps are coming soon, you can still access PerfX on your mobile devices through your mobile browser for on-the-go monitoring.

Purchase Process

Purchasing services from PerfX is designed to be simple and convenient. Follow these steps to upgrade your plan and unlock advanced features:

1. Select Your Desired Paid Plan:
   • Log In: Access your PerfX account by logging in through our website.
   • Navigate to Upgrade: Once logged in, locate and click on the "Upgrade" link or section within your account dashboard.
   • Choose a Plan: Browse the available paid plans, each tailored to different needs. Select the plan that best fits your monitoring requirements.
2. Complete the Payment

   Payment Methods: We offer multiple payment options for your convenience:

   • Credit Card
   • Debit Card
   • Bank Transfer

   Secure Checkout: Proceed to the secure checkout page and provide the necessary payment information.

   Processing Through Midtrans: Depending on the payment method chosen, your transaction will be processed safely by Midtrans, our trusted payment processor.

3. Receive Confirmation Email
   • Notification: After your payment is successfully processed, PerfX will send a confirmation email to the address associated with your account.
   • Access to Services: This email will inform you that your purchased services are now active and ready to use.
   • Timeframe: You can expect to receive this email within a few minutes, although processing times may vary slightly based on the payment method and transaction speed.

Refunds

You may terminate your subscription to the Upgrade at any time, and you won't be obligated to pay any additional fees for upcoming renewal periods. However, any subscription fees you've paid in advance are refundable only if less than 10 days have passed since the payment date. Refunds apply exclusively to payments made in the last 10 days.

6. Delivery Policy

Upon receiving your order, we will perform the services in accordance with the terms applicable to the services you've purchased. Please be aware of the following:

• Timing of Service Delivery: The nature of the services you've selected and the date of your purchase may influence the timing of when the services are performed. Some services may commence immediately, while others might require scheduling or additional preparation.
• Successful Delivery: Services are deemed successfully delivered to you once we have performed them as agreed upon. This completion signifies that we've fulfilled our obligations under this agreement.

7. Intellectual Property

This Agreement does not transfer any PerfX or third-party intellectual property rights to you. All rights, titles, and interests in and to such property remain solely with PerfX.

PerfX Trademarks

• PerfX, the PerfX logo, and all other trademarks, service marks, graphics, and logos used in connection with PerfX or its products are trademarks or registered trademarks of PerfX or its licensors.

Third-Party Trademarks

• Other trademarks, service marks, graphics, and logos used in connection with the products may be the trademarks of third parties.

Your Rights and Restrictions

• No License Granted: Your use of the products does not grant you any right or license to reproduce, modify, distribute, or otherwise use any PerfX or third-party trademarks without prior written permission.

Prohibited Actions

• You must refrain from any unauthorized use of these trademarks, which includes but is not limited to copying, imitating, or using them in a way that could cause confusion among consumers.

8. Advertisements

PerfX reserves the right to display advertisements on your account.

9. Changes

PerfX reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to periodically review this Agreement for any updates or changes. Your continued use of or access to the products after any changes are posted constitutes acceptance of those changes.

In addition, PerfX may, in the future, introduce new services and/or features through its products, including the release of new tools and resources. Such new features and services will be subject to the terms and conditions of this Agreement.

10. Termination

PerfX reserves the right to terminate your access to all or any part of its products at any time, with or without cause, and with or without notice, effective immediately. In simple terms, this means we can revoke your access whenever we deem necessary.

If you decide to terminate this Agreement or delete your PerfX account (if you have one), you can do so by simply discontinuing your use of our products. No formal process is required—just stop using the services.

However, it's important to note that certain provisions of this Agreement will continue to apply even after termination. These include, but aren't limited to:

• Ownership Provisions: Rights related to intellectual property and ownership remain in effect.
• Warranty Disclaimers: Any disclaimers regarding warranties still apply.
• Indemnity: Obligations to indemnify PerfX persist.
• Limitations of Liability: Limitations on liability continue to protect both parties.

These clauses survive termination because they're fundamental to the legal integrity of the Agreement.

11. Disclaimer of Warranties.

Products Provided "As Is" The products and services offered by PerfX are provided on an "as is" and "as available" basis. PerfX, along with its suppliers and licensors, disclaims all warranties, whether express or implied.

No Express or Implied Warranties

This includes, but is not limited to, warranties of:

• Merchantability: We do not guarantee that the products are fit for general commercial purposes.
• o Fitness for a Particular Purpose: We do not warrant that the products will meet your specific needs or expectations.
• Non-Infringement: We make no assurances that the use of our products will not infringe upon the rights of others.

No Guarantee of Error-Free Experience

PerfX and its suppliers and licensors do not warrant that:

• The products will be free from errors or defects.
• Access to the products will be uninterrupted or continuous.
• Any defects will be corrected promptly or at all.

User's Responsibility and Risk:

PerfX and its suppliers and licensors do not warrant that:

• Your Discretion: You understand and agree that any content downloaded or otherwise obtained through the use of our products is done at your own discretion.
• Your Risk: You assume all risks associated with accessing and using the products, including any potential damage to your computer system or loss of data.

12. Limitation of Liability.

Under no circumstances shall PerfX, its suppliers, or licensors be held liable for any matters arising out of or related to this Agreement. This applies to all legal and equitable theories, including but not limited to contract, negligence, and strict liability. Specifically, PerfX will not be liable for:

Special, Incidental, or Consequential Damages:

• This includes damages such as lss of profits, revenue, data, or use of the products.
• Any indirect losses that are not the direct result of our actions.

Costs of Procurement for Substitute Products or Services:

• Expenses incurred in obtaining replacement goods or services elsewhere due to any issues with our products.

Interruption of Use or Loss/Corruption of Data:

• Any harm resulting from delays, service interruptions, or data loss/corruption during the use of our products

Exceeding Fees Paid:

• Any amounts exceeding the total fees you have paid to PerfX under this Agreement in the twelve (12) months prior to the cause of action.

Additionally, PerfX shall have no liability for any failure or delay due to matters beyond our reasonable control. This includes, but is not limited to, events such as natural disasters, acts of war, terrorism, civil unrest, technical failures, or any other circumstances deemed "force majeure." Note: The limitations outlined above apply to the fullest extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of these limitations may not apply to you.

13. General Representation and Warranty.

By using our products, you represent and warrant that:

Compliance with Laws, Regulations, and Policies

Strict Adherence: Your use of the products will be in strict accordance with:

• The PerfX Privacy Policy.
• This Agreement.

All applicable laws and regulations, which include but are not limited to:

• Local Laws: Any local laws or regulations in your country, state, city, or other governmental area pertaining to online conduct and acceptable content.
• Export Laws: All applicable laws regarding the transmission of technical data exported from or the country in which you reside.

Respect for Intellectual Property Rights

No Infringement: Your use of the products will not infringe upon or misappropriate the intellectual property rights of any third party.

14. Indemnification.

You agree to indemnify and hold harmless PerfX, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the products, including but not limited to your violation of this Agreement.

15. No Resale or Redistribution of Service.

Unless expressly authorized by PerfX, you agree not to engage in any of the following activities for commercial purposes:

• Reproduce, duplicate, copy, sell, trade, or resell any portion of the products.
• Modify or create derivative works based on the products.
• Exploit the use of the products or access to the products or their underlying code.

Commercial Use and Custom Agreements

If you wish to use PerfX for commercial purposes beyond what is permitted, please reach out to us directly. We're open to discussing custom deals that fit your needs:

• Contact Us: official@perfx.id

Purchasing for Another Account

• Gifting Upgrades: You have the option to purchase any of our products for another account. This is great for team members or clients.
• Billing Details: All billing details and invoices will be stored under the upgraded account associated with the purchase.

Consequences of Non-Compliance

If you do not comply with these terms, or if PerfX has reasonable grounds to suspect non-compliance, we reserve the right to take the following actions:

Suspension or Termination:

• Suspend or terminate your subscription without notice.
• Refuse any and all current or future use of the service, or any portion thereof.

16. Contacting PerfX.

We welcome your communications! You can reach out to PerfX via email at official@perfx.id. Before you do, please be aware of the following important terms:

Grant of Rights

• Communication Content Rights: By contacting PerfX, you grant us a worldwide, non-exclusive, perpetual right to any ideas, information, designs, or other materials included in your communication.
• Exception: This grant does not apply if you have obtained prior written agreement from the PerfX board stating otherwise.

Confidential Information

• No Sensitive Information: Please do not send any commercially sensitive information or data about your own operations in your communications with us.
• No Implied Non-Disclosure: Any information you send to PerfX will not be considered subject to any non-disclosure agreement unless you have prior written consent from the PerfX board.

Email Communication

• Security Notice: Be aware that email is not a secure or guaranteed medium of communication
• Receipt Confirmation: Only consider emails as received by PerfX if you receive a manually created response from us.

Informal Discussions

• Nature of Correspondence: Except for the points mentioned above, all discussions over email are deemed to be informal.
• Binding Agreements: Communications are only binding when explicitly indicated as such by the PerfX board.

Contractual Terms

• Speculative Suggestions: Any suggestions, mentions, or references to changes in past, present, or future contractual terms by PerfX should be considered speculative.
• Written Confirmation: Such changes are only effective once you receive written confirmation from the PerfX board.

17. Miscellaneous.

This Agreement constitutes the entire agreement between PerfX and you regarding the subject matter discussed herein. It supersedes all prior agreements and understandings, whether written or oral.

Modification of the Agreement

The Agreement can only be modified in one of the following ways:

• Written Amendment: A written amendment signed by an authorized executive of PerfX.
• Revised Version Posting: PerfX may post a revised version of the Agreement on its website or through the products.

Governing Law and Jurisdiction

• Applicable Law: Except where local laws provide otherwise, this Agreement and any access to or use of the products will be governed by the laws Indonesia.
• Jurisdiction: Any disputes arising from this Agreement will be resolved in the District Court of Jakarta, Indonesia.

Assignment of Rights

• Your Rights: You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions.
• PerfX's Rights: PerfX may assign its rights under this Agreement without condition.

Binding Effect

This Agreement will be binding upon and inure to the benefit of the parties involved, as well as their successors and permitted assigns.