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Mekari Platform
Mekari Talenta
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Mekari Jurnal
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MEKARI PLATFORM TERMS OF USE

Last modified on: 2 October 2024

PLEASE READ THESE MEKARI PLATFORM TERMS OF USE CAREFULLY.

These Terms of Use constitute an agreement between you (“Customer”) and Mekari, governing your access to and use of the application, website, content, products, and services provided by us and/or our Affiliates (hereinafter referred to as the “Platform“). These Terms of Use consist of and should be read together with the following documents as a single agreement:

  • These Mekari Platform Terms of Use;
  • Specific Product Terms of Use;
  • Product Usage Agreement / Subscription Form (hereinafter referred to as “Agreement”); and
  • Privacy Notice.

By accessing the Platform, creating a Mekari Account (as defined below), or using the Products (as defined below), you agree to be bound by these Terms of Use.

Mekari may amend or update these Terms of Use, in part or in full, from time to time. We encourage you to review the Platform periodically. By continuing to access the Platform or use the Products, you are deemed to have accepted the Terms of Use and any amendments related thereto.

If you do not wish to be bound by these Terms of Use, you may discontinue accessing the Platform and/or cease using the Products.

 

1. Definitions

Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party to these Terms of Use.

You” means the Customer entering into a legal relationship with Mekari.

End User Account” means an account hosted by Mekari, created by a Mekari Account Owner for End Users to use the Products.

Personal Data” means any information related to an identified or identifiable individual as personal data in accordance with applicable Personal Data Protection Laws.

Confidential Information” means all confidential information disclosed by one party and its Affiliates (“Disclosing Party“) to the other party (“Receiving Party“), whether orally or in writing, that is designated as confidential or would be reasonably understood to be confidential. Confidential Information includes all information regarding: the Disclosing Party’s past, current, or proposed customers, products, marketing plans, technical and other designs, technical data, business plans, business opportunities, financials, research, development, and the terms and conditions of these Terms of Use. Confidential Information excludes information that (i) is or becomes publicly known without breach of any obligation to the Disclosing Party, (ii) is known by the Receiving Party prior to disclosure without breach of any obligation to the Disclosing Party, (iii) is received from a third party without breach of any obligation to the Disclosing Party, or (iv) is independently developed by the Receiving Party. Subject to these exclusions, customer data will be considered Confidential Information under these Terms of Use, regardless of whether it is designated as confidential or not.

Privacy Policy” means the Mekari Privacy Notice available at https://mekari.com/en/privacy/, as updated by us from time to time.

Specific Product Terms of Use” refers to additional terms governing each Product that is used by the Customer, available at https://mekari.com/en/terms-of-service/.

Mekari” or “We” means PT Mid Solusi Nusantara.

Third Party Partner” means third parties that collaborate with us to provide services to you.

Mekari Account Owner” refers to the Customer who registers and creates an account on the Platform and is responsible for providing the necessary information to create the Mekari Account, securing their password, and overseeing the use of their Mekari Account.

End User” means an individual authorized by the Mekari Account Owner to access the Platform and/or use the Products, managed by the Super Admin.

Agreement” refers to the product usage agreement or subscription form signed and agreed upon by you and Mekari for the use of the Products.

Products” refers to the various products developed, owned, and/or provided by Mekari and/or its Affiliates, made available through the Platform for your use.

Super Admin” or “Admin” means your employees, representatives, consultants, contractors, or agents authorized to access your Mekari Account and/or operate/manage the Products.

2. Account Registration and Use

  1. To access the Platform and/or use the Products, you must register and create an account (“Mekari Account”).
  2. We reserve the sole discretion to reject your registration, suspend, or terminate any existing Mekari Account, including but not limited to any indication or We have sufficient reasons to suspect any cases where fraud, violations of these Terms of Use, violations of applicable laws, or other suspicious or abnormal activities are suspected or occur. In addition, failure to fulfill your obligations to us may also lead to account suspension or termination.
  3. The Mekari Account Owner has the authority to assign Super Admins, Admins, and users to access and use the Platform and/or Products (as relevant). The Mekari Account Owner remains responsible for their Mekari Account, including all actions taken on the Mekari Account, whether by the owner or by Super Admins, Admins, or users of the Products.
  4. You warrant and ensure that:
    1. You are legally authorized to undertake legal actions, including creating a Mekari Account and engaging in activities through your Mekari Account;
    2. You have the legal capacity to be bound by these Terms of Use, being either at least 18 years old or married, and not under guardianship. If you are under 18 or unmarried and under guardianship, you must have parental or guardian consent to open an account, and such consent shall imply agreement to the Platform and/or Product terms;
    3. You will use your Mekari Account solely by yourself and will not transfer it to any other person, except with the consent of Mekari;
    4. You will use the Platform and/or Products only for lawful business activities, in accordance with the permitted purpose, and in compliance with all applicable laws and regulations;
    5. You will reasonably maintain the confidentiality of your password. We are not responsible for losses or damages resulting from your failure to secure your Mekari Account and password. We may require additional security measures and reserve the right to adjust these requirements at our discretion; and
    6. You will not reproduce, duplicate, copy, modify, sell, resell, or exploit any portion of the Platform and/or Products.
  5. All losses and risks arising from your failure to maintain the security and confidentiality of your Mekari Account shall be solely borne by you. In such cases, we will deem any actions taken on your Mekari Account as legitimate requests from You.
  6. You understand and agree that Mekari is not responsible for managing or administering the internal use of the Products by any Customer or End User.

3. Content and Information

  1. Mekari products allow you to upload, store, send, and receive content.
  2. When you upload, store, send, or receive content to or through the Platform and/or Products, you grant Mekari (and Third-Party Partners) a license to use, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other modifications we make so that your content works better with our services), communicate, publish, and distribute such content. The rights you grant under this license are for the limited purpose of operating, promoting, and improving our Platform and/or Products, as well as developing new services. This license continues even if you stop using our Platform and/or Products. You must ensure that you have the necessary rights to grant us this license for any content you submit to our services.
  3. We or third parties working with us may provide content (“Third-Party Content“) that you may encounter on the Platform and/or Products. In cases where Third-Party Content is provided by others working with us (“Third-Party Content Providers“), we are not responsible for any part of the Third-Party Content. Your access to or use of such Third-Party Content constitutes your agreement to be subject to the terms and conditions set by us or the Third-Party Content Providers, including our Privacy Notice or the privacy policy of the Third-Party Content Providers.
  4. The collection, storage, processing, use, and sharing of your Personal Data, such as identity data, contact data, and location data that you provide, are subject to the Privacy Notice, which forms an integral part of these Terms of Use.

4. Your Obligations

  1. Compliance. Customers must (a) ensure that they and their End Users access the Platform and/or use the Products in accordance with these Terms of Use, (b) make their best efforts to prevent and stop any unauthorized use or access to the Platform and/or Products, and (c) promptly notify Mekari if they become aware of any unauthorized use or access to the Platform and/or Products, their Mekari Account, or their password. Mekari reserves the right to investigate any potential violations occurring on the Platform and/or Products.
  2. Consent. Customers are responsible for ensuring that all necessary consents and notifications have been obtained to allow (a) the use and receipt of the Products, including consents from Super Admins and End Users, and (b) the access, storage, and processing of any data they own or that is uploaded by Super Admins and End Users.
  3. Additional Products and Third-Party Offers. Additional products and third-party offers may be available for use with the Products. The use of additional products is subject to the terms of additional products that may be integrated from time to time. The use of third-party offers is subject to separate terms and policies with the relevant service provider.

5. Your Representations and Responsibilities

  1. You understand and agree that all risks arising from the use of the Platform, Products, and/or Third-Party products by You, the Super Admin, and End Users are entirely your responsibility, and You hereby agree to release us from any claims in connection with damages, disruptions, or other forms of system interference caused by unauthorized access by other parties.
  2. You expressly release us, including but not limited to our shareholders, officers, directors, commissioners, and employees, from any liability, consequences, losses (both material and immaterial), claims, costs (including attorney fees), or other legal responsibilities that arise or may arise due to your violation of these Terms of Use. In the event of direct losses resulting from our violation of these Terms of Use, you agree that the maximum compensation we may provide is limited to the amount of usage fees paid in the last 12 (twelve) months.
  3. Mekari is not responsible for any losses or claims arising from the use of your Mekari Account, whether by You or any other party using your Mekari Account.

6. Mekari’s Rights and Responsibilities

  1. If (i) we suspect that you are violating the law or acting unlawfully, or (ii) we receive reports of unauthorized use, suspected fraud, or orders from relevant institutions, or (iii) there are payment delays, or (iv) there are suspicions or occurrences of activities that threaten the Platform, Products, and/or your Mekari Account, we reserve the right to suspend your Mekari Account (either permanently or temporarily), terminate access to the Platform and/or Products, or take any other legal actions we deem necessary. We may also report violations to authorities if necessary.
  2. We provide the Platform and/or Products as is and do not guarantee the reliability, timeliness, quality, suitability, availability, accuracy, completeness, or security of the Platform and/or Products to meet your needs and expectations. We are not responsible for any losses caused by failures or errors of Third-Party Partners.
  3. The Platform and/or Products may experience limitations, delays, and other problems inherent in the use of the internet (e.g., disconnection from the internet, being out of range, shutdowns, or malfunctions). We are not responsible for delays, delivery failures, damages, or losses caused by such issues.
  4. We are not obligated to monitor your access or use of your Mekari Account.
  5. We are not required to take any actions deemed necessary by you regarding any issues arising between you and Third-Party Partners. However, We will make our best efforts to facilitate any issues arising between You and Third-Party Partners.

7. Intellectual Property

  1. The Platform and/or Products are protected by intellectual property rights owned by us or our licensors. We grant you a limited license to download, access, and use the Platform and/or Products only on your personal devices and for purposes related to service usage.
  2. You are not permitted to copy, modify, distribute, create derivative works from, or exploit the Platform and/or Products without our written permission.

8. Force Majeure

The Platform and/or Products may be disrupted by events beyond our control, such as natural disasters or telecommunications disruptions (“Force Majeure“). You release us from liability if we are unable to provide services due to Force Majeure.

9. Governing Law and Dispute Resolution

  1. These Terms of Use are governed by the laws of the Republic of Indonesia.
  2. Any and all disputes, controversies, or conflicts arising from or in connection with these Terms of Use, including disputes regarding the existence, conclusion, enforceability, breach, amendment, expiry and termination (collectively referred to as “Disputes“), shall first be resolved through amicable discussions between the parties within 30 (thirty) calendar days after one party informs the other that a Dispute has arisen.
  3. If the Dispute is not resolved within 30 (thirty) calendar days of such amicable discussions, the parties agree that any Dispute concerning the Products will be resolved through either general courts or arbitration bodies as governed by the respective Specific Product Terms of Use.

10. Miscellaneous

  1. These Terms of Use constitute a valid and legally binding electronic agreement upon you clicking ‘register’ or ‘log in’ on the Platform and/or Products. You may not transfer your rights without our written consent. We may transfer our rights to others without prior notice.
  2. If you violate these terms and we do not take immediate action, it does not mean we waive our right to take action later. These terms remain valid even if your Mekari Account is suspended or this agreement terminates.
  3. If any provision of these Terms of Use is unenforceable, the remaining provisions will remain in effect.
  4. You may contact us via WhatApp of Mekari Customer Care: wa.me/6285174314286. All your correspondence will be recorded and stored for our records.

TERMS AND CONDITIONS OF
TALENTA PRODUCT USAGE

Last modified on: 2 October 2024

Thank you for your trust in using the Talenta product. By using any services and/or products provided by PT Mid Solusi Nusantara (“MSN”), You hereby, the company and/or business where You have given permission or authorization to represent You (“User”) agree to the Terms and Conditions of using Talenta’s products (“Product“) below and all terms, policies and other related documentation that are applied by Talenta from time to time (“Terms and Conditions“). These Terms and Conditions are an inseparable part of the Mekari Platform Terms of Use, Usage Agreement, Privacy Notice, and other provisions as available on the Product from time to time.

MSN may review and amend these Terms and Conditions from time to time at MSN’s sole discretion. The User acknowledges and agrees that the User is obliged to check these Terms and Conditions from time to time to find out the latest conditions or information regarding the terms of use of the Product provided by MSN.

General Terms

General terms apply to all users who use Talenta. The User hereby agree to be bound by and comply with these Terms and Conditions.

1. Definition

Accountis an account in the application that can be used by the User to access and use the Product.

Personal Datameans any data that is related to an individual that is identified or may be identified in a stand-alone manner or combined with other Information, whether directly or indirectly.

Information in this case means all information, statement, idea, or signs that contain values, meanings, and messages, whether any data, facts, or explanation that can be seen, heard or listened to that are provided in any forms in accordance with the development of information and communication technology.

Intellectual Property Rights means patents, simple patents, copyrights and other related rights, inventions and software code, moral rights, trademarks and service marks, business names, domain names, rights to product and packaging designs, rights to design, rights to computer software, rights to databases, rights to use, and protect the confidentiality of, confidential information (including technical skills and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all application and right to request and be granted, renewal or extension of, and right to claim priority, all rights and all similar or equivalent rights or forms of protection which exist or will exist now or in the future anywhere in the world.

Confidential Informationmeans all information that has been or will be provided by any Party to the other Party in relation to the implementation of this Terms and Conditions.

Force Majeure means a situation includes but not limited to earthquakes, typhoons, landslides, floods, fires, explosions, pandemic, natural disasters, wars, riots, terrorism, power struggles, sabotage, embargoes, strikes, drastic changes in politics/the economy, whether or not supported with a statement from the competent authority on the occurrence of such event, and the enactment of new laws and regulations that directly or indirectly affects the performance of this Terms and Conditions, which results in the inability to perform the obligations of the Parties under this Terms and Conditions.

Active Period is an active period of Account which User can access and use the Product. 

Grace Period is 30 (thirty) calendar days after the Active Period ends.

Quotation Terms and Conditions is an offer form for the Product that can be signed by the User separately and forms an integral document with this Terms and Conditions. 

URD is a User Requirement Document which is a document containing company policies from the User as well as User employee data that will be entered into the Product.

Usage Agreement means an agreement for the use of the Product signed by the Parties and/or subscription form signed by the User separately which sets out the detailed terms regarding the use of the Product.

Partiesmeans MSN and the User collectively. However, they are individually referred to as Party”.

Term is the period from the Active Period to the end of the Grace Period.

Implementation is a discussion related to product system settings in accordance with User company policies (Meeting Requirements), the process of entering User Data into Product (Setup/Migration), and Training (as defined below) conducted by MSN for User.

Training is Product usage training conducted by MSN aimed at User administrators.

Additional Feesare fees that must be paid by the User to MSN in the event that the User requires additional Training and/or additional Implementation.

2. Scope

  1. MSN will provide Product in the form of software and/or cloud-based human resources information system applications to be used by User, with package details as set forth in the Quotation Terms and Conditions and/or Usage Agreement (as relevant).
  2. The User agrees to use the Product in accordance with these Terms and Conditions and the use of the Product is the full responsibility of the User.
  3. MSN only provides Product that User can use to manage their employment, MSN is not involved in managing User’s internal company policies and industrial relations between Users and their employees.
  4. By agreeing to these Terms and Conditions, the User is subject to and legally bound to the guidelines for using the Product published and as may be amended from time to time by MSN, which guidelines constitute one unified document and are inseparable from these Terms and Conditions.

3. Package Details, Fees, and Payments 

  1. The User acknowledges, understands and agrees that the details of the Product package selected by the User are as stated in the Quotation Terms and Conditions and/or the Usage Agreement (as relevant).
  2. User are obliged to comply with all the provisions set out in the Quotation Terms and Conditions and/or the Usage Agreement, including provisions regarding fees for using the Product, payment terms, and other technical provisions as relevant. The Quotation Terms and Conditions and/or the Usage Agreement is a separate document but is an integral part of these Terms and Conditions. If there is a conflict or difference in interpretation between the Terms and Conditions and the Quotation Terms and Conditions and/or the Usage Agreement, the provisions in the Quotation Terms and Conditions and/or the Usage Agreement will apply.
  3. These Terms and Conditions will continue to apply if the User agrees to extend the Active Period.

4. Specific Terms of Product Usage

User Account and Active Period

  1. The User’s Active Period starts from (i) 30 (thirty) calendar days after the date payment is received by MSN or (ii) the date stipulated in the Minutes of Product Handover document, as will be stipulated in the Quotation Terms and Conditions and/or Usage Agreement.
  2. User are required to register by creating an Account in the application.
  3. User can access and use the features available on the Product during its Active Period.
  4. In the event that the User wants to extend the Active Period, the User must give notification to MSN no later than 30 (thirty) calendar days before the Active Period ends.
  5. The User acknowledges and agrees that the extension of the Active Period will incur a fee for the renewal of the Product and MSN reserves the right to determine the amount of the fee to be agreed upon by the User.

Package Upgrade 

  1. If the User intends to increase the Product Package taken, then the User must make a payment for the difference in fees for the latest package taken and the new price conditions will be binding on the User until the remaining Active Period. Package upgrade access will be granted once payment has been received completely and correctly by MSN.
  2. MSN has the right to suspend or freeze User access to Accounts and Product if Users do not make payments according to the specified time. The account will be reopened if the payment has been received completely and correctly by MSN.
  3. Each Party is responsible for taxes that must be paid in accordance with the provisions of the applicable laws and regulations.

Number of User Employees 

  1. The User acknowledges and agrees that the Usage Fee will still be binding on the User, even if the number of User’s employees using the Product is less than the Employee Limit (as stated in the Quotation Terms and Conditions).
  2. If during the Active Period the User requires additional employees or upgrades to the Package, then the User is required to notify MSN of the request.
  3. In the event that the number of User employees using the Product is greater than the Number of Employee Limit, then MSN will charge an additional fee and the User must make payments for the difference in the number of employees. The User acknowledges and agrees that the new price conditions will be binding on the User for the remainder of the Active Period.
  4. Access to Product for increasing the number of employees and/or increasing Package will be provided by MSN after payment for increasing the number of employee and/or increasing Package is received by MSN.
  5. To avoid doubts, the calculation of the number of User employees who use the Product will be calculated based on the number of active employees each month on the Payroll cut-off date.

Additional Training and Implementation

  1. MSN will provide Implementation along with Training to User.
  2. User can obtain additional Training and/or additional Implementation at an additional fee.
  3. Training and Implementation will be carried out with the following terms.
    1. Can be conducted online or visit the User’s office;
    2. If it is carried out with a visit to a place outside the JABODETABEK, Bandung or Surabaya area, the User is required to pay transportation and accommodation costs;
    3. Can only be implemented after the User pays a usage fee.
  4. Additional training and/or Additional Implementation will be carried out provided that:
    1. If the User is domiciled in the Jabodetabek area, Additional Training and Additional Implementation can be carried out online or through visits;
    2. If the User is domiciled outside the Jabodetabek area, Additional Training and Additional Implementation will be carried out online; and
    3. Additional Training and Additional Implementation can only be carried out after the User pays usage fees and additional fees.

5. User Statements, Warranties, and Restrictions

User hereby represents and warrants that:

  1. The User has obtained all of the necessary licenses regarding the implementation of the obligations under this Terms and Conditions.
  2. There are no ongoing actions or lawsuits that may materially affect the User’s ability to perform its obligations under this Terms and Conditions and/or affect the validity of this Terms and Conditions.
  3. The execution and implementation of this Terms and Conditions shall not violate or conflict with (i) the applicable laws (including laws and regulations in the anti-corruption sector); (ii) User’s articles of association; and (iii) agreements or capabilities that bind the User.
  4. In carrying out the Terms and Conditions, the User does not offer, promise, approve or authorize any payment or award, either by directly or indirectly, goods or materials that have value (including, but not limited to gifts, entertainment, food, discounts or personal credit, or other benefits that is not paid at market value) that have a public or commercial bribery purpose or effect and the User will not take any action that will make the User or other party violate any provision in the anti-bribery and corruption regulations and laws that apply in Indonesia or regulations and laws that prohibit any action that violates the law for the purpose of obtaining commercial business benefits.
  5. In carrying out the Terms and Conditions, the User has complied with all applicable anti-money laundering laws and regulations and has published an anti-money laundering compliance policy as regulated by the applicable laws and regulations. The User further agrees to provide the necessary information for verification of compliance with applicable anti-money laundering regulations as reasonably requested by government authorities in accordance with its anti-money laundering compliance procedures.
  6. The User guarantees to always comply with the terms and conditions and the privacy policies that apply to each Product, both as regulated on the site and/or platform managed by MSN and/or any other third party that is relevant to the provision of the Product.
  7. The User is fully responsible for all information, data, and/or content that is uploaded, inserted, disclosed by the User and/or any other party which is given access by the user when using the Product.

In the event that there is a violation of the above provisions, whether intentional or not, then MSN has the right to terminate the User’s use of the Product before the end of the Term.

6. Indemnification and Limitation of Liability 

  1. MSN provides the Product on an “as is” and “as available” basis without warranty of any kind. To the fullest extent permitted by applicable law, MSN disclaims any and all other warranties (express, implied or otherwise), including implied warranties of merchantability, non-infringement or fitness for a particular purpose.
  2. If the User (and/or its affiliated company that uses the Product (as relevant)) suffers a real loss when using the Product during the Active Period which has been proven to be caused by direct error or negligence by MSN, then the User may submit a claim for compensation to MSN.
  3. Under any circumstances, the limit for compensation that can be provided by MSN in connection with losses suffered by the User as referred to in letter b above is the maximum amount of the cost of using the Product that has been paid by the User to MSN (excluding applicable taxes) subject to the terms as follows.
    1. The User is required to submit a request for compensation to MSN no later than 30 (thirty) calendar days after the loss occurs or since the User becomes aware of the loss that the User has experienced, whichever occurs first;
    2. In the event that the User selects several types of Product and/or features where the User experiences real loss for only part of the Product or feature, then compensation will be given by considering the portion of the Usage Fee that has been paid to MSN for that part of the Product or feature only;
    3. If the User uses the Product together with other User affiliates and real losses are only experienced by certain User affiliates, then MSN will only compensate the User for a maximum of the usage fee that has been paid as relevant for the related affiliate; And
    4. Damages paid by MSN are limited to Product usage fees paid for the User’s (and/or related affiliate’s) current Active Period. However, if the User’s current Active Period is more than 12 (twelve) months, the calculation of compensation will be limited to a maximum of 12 (twelve) months.
  4. MSN will determine the amount of compensation to be paid to User based on internal checks conducted through the MSN system. The compensation decision provided by MSN is final and binding, so that by receiving compensation from MSN, the User guarantees that there are no bills, costs, claims, demands or other obligations that arise or may arise, which can be billed by the User to MSN in connection with matters regulated in this Article.
  5. MSN shall not be liable for any losses, claims, expenses, damages, liabilities or expenses arising from:
    1. User’s violation of any provisions in these Terms and Conditions;
    2. usage of the Product by parties who are unauthorized or granted access by the User unlawfully;
    3. if there is a defect or liability caused by the User including modifications or add-ons made without the approval of MSN;
    4. The Product is used together with any third party software or product where the User does not have sufficient rights from the third party vendor for such use;
    5. use of the Product that is not carried out in accordance with the provisions of these Terms and Conditions and other technical provisions that apply to User, including but not limited to user guides; and/or
    6. non-fulfillment of the requirements mentioned in letter b above.
  6. To the maximum extent permitted by applicable law, MSN shall not be liable to User (or persons claiming rights derived from the rights of others) for any actual or anticipated loss of revenue, profits, contracts or business (whether directly or indirectly, loss of data, and/or any incidental, indirect or consequential loss, in any event arising based on or in connection with these Terms and Conditions, whether by contract, tort, unlawful act (including negligence), violation of duties under law or otherwise.

7. Intellectual Property Rights

  1. These Terms and Conditions will not be considered as a transfer of any Intellectual Property Rights which are the property of each Party or its affiliates based on applicable laws and regulations.
  2. Each Party will mutually release each other from any claims in the future for their respective Intellectual Property Rights including their use, as long as they are used in accordance with the provisions set out in the Terms and Conditions.
  3. The Product used by the User shall constitute the Product that is created, developed and managed by MSN. By using the Product, the User is granted a limited, non-exclusive, non-transferable license, and has a certain time limit according to the Active Period on this Terms and Conditions. The grant by MSN to use the Product and the granting of the license will not transfer intellectual property rights or other rights attached to the Product owned by MSN to the User.
  4. MSN can use and install the User’s logo and company name for commercial and marketing purposes, both on online media and on written print media (offline) used by MSN. These actions will be carried out reasonably and in good faith without the aim of misusing the User’s logo and company name.

8. Confidentiality

  1. Any and all information related to the party who provides the confidential information (“Disclosing Party“), either directly or indirectly provided by the Disclosing Party to the recipient of confidential information (“Receiving Party“) in connection with the implementation of this Terms and Conditions is considered confidential (“Confidential Information“), but not including the information that is:
    1. already known by the Receiving Party on the date of Confidential Information disclosed by the Disclosing Party and was not obtained or originated from the company, affiliated company or through other parties who has confidentiality obligations;
    2. on the disclosing date, the Confidential Information has been known by public or become part of the public;
    3. obtained by the Receiving Party itself from the third party who is entitled to disclose such Confidential Information at the time it is requested by the Receiving Party; and/or
    4. has been developed by the Receiving Party prior to the disclosure date of the Confidential Information.
  2. If the Confidential Information must be disclosed due to the provisions based on the applicable law or by the order or decision of the authorized government, the disclosure of Confidential Information must be informed to the Disclosing Party as soon as possible.

9. Personal Data and System Security

  1. To the extent MSN receives Personal Data from the User when User creates an account and uses all features which are available in the Product in relation to the implementation of this Terms and Conditions, therefore the User hereby agrees and provides its consent to MSN to process such Personal Data exclusively for the implementation of this Terms and Conditions.
  2. MSN will always conduct its reasonable efforts in accordance with the applicable laws to maintain the confidentiality of the Personal Data that MSN receives from the User.
  3. The User warrants that:
    1. The User has obtained the valid license, permission, authorization from any Personal Data owner whose Personal Data will be provided or disclosed to MSN for the Product implementation purpose, including all necessary consents and/or other relevant lawful basis for any processing of Personal Data of past, current or future employee or personnel of the User in accordance with the applicable personal data protection laws and regulations;
    2. every employee, party, vendor, agent, representation of the User who will utilize the Product has been aware of and understood all provisions under this Terms and Conditions Terms and Conditions as if those parties are party to this Terms and Conditions.
  4. The User agrees to not carry out the following:
    1. utilizing the Product or any feature thereof for any other purpose other than to implement this Terms and Conditions;
    2. disclosing, selling, sharing, giving contents, information, features or any other service that are available in the Product without written approval from MSN;
    3. conducting intervention against or disrupting any servers, network, feature, or platform available in the Product; and
    4. reproducing or carrying out efforts to extract the source code from any software or other related system that is provided by MSN.

10. Governing Law and Dispute Resolution

  1. These Terms and Conditions will be governed and interpreted in accordance with the laws of the Republic of Indonesia.
  2. All disputes arising between the Parties related to the implementation and interpretation of this Terms and Conditions will be settled amicably, within 30 (thirty) calendar days since the dispute is informed to the other Party.
  3. Prior to directly contacting other Party to settle the issue or dispute, the Parties agree to not announce, make writings or copies on online media and offline media that may put the other Party in recessive circumstances.
  4. If no agreement is reached within the time period specified in letter b of this Article, the Parties agree to resolve the dispute at the Indonesian National Arbitration Board located at Wahana Graha Fl. 1 & 2, Jl. Mampang Prapatan No. 2, Mampang-Jakarta.
  5. While the dispute is still under the settlement, the Parties remain obliged to perform their respective obligations that must be fulfilled in accordance with this Terms and Conditions and/or Usage Agreement (as relevant).

11. Force Majeure

In the occurrence of a Force Majeure event, which results in the inability to perform the obligations of the Parties under this Terms and Conditions:

  1. The Party affected by the Force Majeure shall notify the other Party in writing at the latest 5 working days and shall use its best effort to restore its ability within the shortest time possible and keep the other Party informed regarding its plan to anticipate and mitigate the effects caused by the Force Majeure.
  2. If the Force Majeure event prevents or delays the performance of the provisions of this Agreement for 30 calendar days, the Parties must communicate to anticipate and mitigate the effects caused by such event. If a consensus is reached, then this Agreement may be postponed and modified or terminated with a mutual consent between the Parties, provided that all rights and obligations of each Party that arises prior to the occurrence of the Force Majeure, are still mandatory to be performed by each Party.
  3. If the Terms and Conditions cannot be performed due to a Force Majeure, all consequences arising from the non-performance of this Terms and Conditions shall be the responsibility of each Party and a Party cannot file a claim against the other Party for the non-performance of the Terms and Conditions and the Party whom affected by Force Majeure shall not be deemed has violated or breached this Terms and Conditions. Each Party affected by the Force Majeure event must give a written report to the other Party on its inability to fulfill the obligations set out in this Terms and Conditions as a result of the above matters.

12. Termination

  1. These Terms and Conditions apply as long as the User uses the Product.
  2. The Parties agree that this Terms and Conditions can be terminated early by one of the Parties before the end of the Term if the following events occur:
    1. by written notification submitted by any Party to the other Party at the latest 30 (thirty) calendar days in advance;
    2. any Party is proven to violate this Terms and Conditions;
    3. if any Party is carrying out dissolution or liquidated either due to its own decision or the court/government’s order/decision; and/or
    4. any Party is undergoing an event of bankruptcy or suspension of debt payment obligation that impacts to the implementation of this Terms and Conditions

    where for the condition mentioned under points (ii), (iii), and (iv) above can be terminated at the soonest by the Parties based on written notification submitted by any Party to the other Party.

  3. In the event that MSN terminates the Term of Product due to the User’s error or violation of the matters regulated in this Terms and Conditions, MSN has the right to terminate the User’s account at any time even though the process of terminating the Terms and Conditions has not been completed without providing compensation in any form.
  4. In the event of early termination of Term, then:
    1. All Usage Fee(s) paid by the User to MSN are non-refundable;
    2. User must pay the entire Usage Fee(s) that have been stated under this Terms and Conditions or other separate documents relating to the Product usage, whether or not such Fees have been invoiced by MSN.
  5. Any termination of the Product usage will not affect the existing rights and obligations of each Party which have arisen before the date of termination of the Term. The Parties agree to settle all pending rights and obligations no later than 30 (thirty) calendar days after the effective termination period.
  6. With regard to terminating the Term of Product usage, the Parties agree to ignore the provisions contained in Article 1266 of the Civil Code, so that the Parties can automatically terminate without going through a judicial process.
  7. If the Terms and Conditions is terminated by the User but is due to a proven violation of this Terms and Conditions by MSN, then the User:
    1. Can request compensation as regulated in this Terms and Conditions; and
    2. The provisions in letter b point (ii) of this Article are no longer valid.

13. Service Level & Product Support Center

Support Center Operational Hour

  1. Working Hour: 09:00 – 18:00 WIB
  2. Working Day: Monday– Friday (except holiday)

Support Center Commitment: Support Channel

  1. Live Chat: account.mekari.com Monday – Friday 09:00 – 18:00 WIB
  2. Email: support-hr@mekari.com Monday – Friday 09:00 – 18:00 WIB
  3. Notes: Every message received outside working hour will be processed on working hour in the next working day

Support Center Commitment: Response Time

Severity Level Definition Response TIme
Critical Application / all application features cannot be accessed by all User < 3 hours
High
  • Payroll related bugs including components and blockers for Payroll processing (occurs within payroll period)
  • Other bugs (including reports) affecting payroll calculation and occurs within payroll period
  • Not a core bug that happened near a company’s cycle and affected their performance review
< 3 hours
Middle
  • Bug which is unrelated to payroll, leave and reimburse
  • Report-related bug except payroll report
< 24 hours
Low
  • Aesthetic/accessory-related bug
  • Bug that is not in the core service and is not urgent (not near the payroll cycle)
< 24 hours

14. Others

  1. Assignment. Any Party may not assign any rights and obligations that arise from the implementation of this Terms and Conditions to any other third party without written approval from the other Party.
  2. Entirety. This Terms and Conditions contains all agreements between the Parties and supersedes all previous agreements related to the matters of this Terms and Conditions, and all agreements whether made in writing or verbally regarding matters as agreed under this Terms and Conditions.
  3. Waiver. No delay or failure by any Party at any time to implement or carry out every right or provision under this Terms and Conditions that will be deemed as waiver thereof, unless made in writing.
  4. Severability. If any provision or part of a provision of this Terms and Conditions is invalid, void, unenforceable or illegal due to any applicable law, the invalidity of such provision shall not annul all the requirements and provisions under this Terms and Conditions. The Parties agree that the remaining provisions of this Terms and Conditions shall continue in full force and effect and the Parties will endeavor to amend any invalid, void, unenforceable or illegal provision to be in accordance with the applicable laws in Indonesia.
  5. Problem Resolution. If the Product used by the User suffers any interruption, cannot be accessed, and/or cannot be used, therefore MSN will resolve such issues according to the SLA (service level agreement) as attached in these Terms and Conditions.
  6. Access Freeze. The User understand and agrees that based on the sole discretion of MSN, MSN has the right to terminate this Terms and Conditions and/or terminate, revoke and/or refuse access to the Product, partially or completely and temporarily or permanently, with/without prior notification, if the following events are suspected: (i) The User does not fulfill the payment conditions as stipulated in this Terms and Conditions, (ii) there are indications of fraud, data theft, fraud, does not fulfill one or all of this Terms and Conditions and/or applicable laws and regulations or other causes, so that therefore any losses arising from these actions are not the responsibility of MSN, and MSN is not obliged in any case to provide any compensation to theUser for this matter.
  7. Affiliates. The User hereby states that User  has obtained all relevant approvals, permissions, licenses and/or authorities from the User’s respective Affiliate who use the Product (if any) to represent the Affiliate in accepting this Terms and Conditions and the User guarantees that all relevant Affiliate understands and agrees to the provisions in this Terms and Conditions as if the Affiliate is a party to this Terms and Conditions. The User hereby releases MSN from all demands and/or claims that may and/or will be submitted by the Affiliate in connection with the implementation of this Terms and Conditions.
  8. Fees Usage Conversion. Any payment of any fees received by MSN from the User based on this Terms and Conditions may only be used for the purpose that has been stated against such fees. In any conditions, the User may not convert the usage, from certain fee type to other fee type.

 

Mekari Payroll Disbursement
Terms of Use

Last modified on: 2 October 2024

 

These Terms of Use only apply if the User uses Payroll Disbursement Feature. MSN may require the User to sign the Activation Form in connection with activating the PaDi Feature. 

By accepting these Terms of Use, the User is deemed to agree to the terms and conditions for the use of this payroll disbursement feature (“Terms of Use”) for the distribution of User’s employees salary which are appointed/ elected through Talenta Product (“PaDi Feature”), that is created, owned, managed, and developed by MSN and/or its Affiliates or in cooperation with other third party, whether Bank or other licensed payment service provider (“Third Party Partner”).

Therefore, the User hereby is deemed to read, understand and agree to the Terms of Use with the following details:

1. Usage and Activation Mechanism

  1. MSN will activate the PaDi Feature to the User who has fulfilled the requirements in these Terms of Use which are set and may be subject to change by MSN from time to time.
  2. The User must register, verify and submit the data, information or document in connection with the use of the PaDi Feature for the purposes of verification implementation by MSN or Third Party Partner, whether related to the User or employee (if necessary), to MSN. MSN is entitled to reject the use of PaDi Feature if the User cannot fulfill the requirements of verification which is set by internal provision of MSN and/or its affiliation.
  3. The User undertakes and hereby expresses its agreement in connection to obtain consent from all owners of the personal data related to data, information or document from the employee in connection with the acquiring, storing, using, processing, controlling, disclosure, transferring and/or transmission of such data, information or document in connection for the implementation of Talenta Product and/or PaDi Feature herein.
  4. The User must ensure that its officer or representative or administrator (“Admin”) who is appointed in connection with the activation and usage of the PaDi Feature has a sufficient and full capacity. The User will not cancel this Terms of Use on the grounds that this Terms of Use is invalid because they are not represented by a valid representation. If there is an Admin’s replacement, the User must notify MSN in writing by providing updated data, information and/or supporting documents as needed. Any negligence and/or errors regarding the updates are the User’s sole responsibility.

2. General Provisions of Transaction

  1. The User can use PaDi Feature in accordance with the services in the Talenta Product package that is selected in the Quotation Terms and Conditions/Usage Agreement or the Activation Form.
  2. Before using the PaDi Feature, the User must send instructions by filling in and ensuring that the data or information  transaction is correct, complete and precise, namely (i) the total nominal funds required for the distribution of salary funds; (ii) all data or information from User’s employees, including but not limited to the name, salary amount and bank account number of each employees; (iii) data or other information required in connection with the implementation of the PaDi Feature by the User. The User is responsible for the correctness, completeness and accuracy of all transaction instructions that are carried out and hereby release MSN or Third Party Partner from all consequences arising from incorrectness, incompleteness and inaccuracy of the instructions or transaction data from the User.
  3. The User is obliged to immediately notify MSN in writing if the credentials, in the form of name, identity number (ID), mobile or telephone number, and employee email registered by the User, for the use of the Talenta Product, either for the User or the appointed Admin, are known by other people who are not authorized, to be followed up immediately by MSN. All transaction instructions based on the use of the PaDi Feature on these credentials are the User’s sole responsibility.
  4. Before MSN and/or Third Party Partner can distribute salary funds through the PaDi Feature, The User is required to carry out a transfer of all salary funds to the account number or virtual account provided by MSN in accordance with the amount of salary funds that will be distributed on current month according to the instructions that have been made in the previous PaDi Feature. MSN’s receipt of salary funds for transfers or transfers from the User will follow the operating hours applicable to the sending and receiving banks.
  5. MSN and/or Third Party Partner will distribute salary funds to each User’s employee in accordance with the data or information that are inputted and instructed by the User. In the event that the total amount of salary funds received by MSN in an MSN account or virtual account is less or does not correspond to the amount of funds that should be, then MSN will not process the distribution of salary funds to User employees and all consequences that occur are not MSN’s responsibility.
  6. PaDi Feature will automatically transfer the funds to all User’s employee accounts that have been previously registered by the User. Depending on the transfer method used, salary funds that have been declared successfully transferred in the system on the PaDi Feature will be distributed to each User’s employee in accordance with the terms and conditions applicable on MSN at that time and with the following estimates:
    1. transfer between banks (Bank BCA, Bank Mandiri or according to the virtual account available on MSN), will be received in the User’s employee account in real time, except for the amount of salary funds that distributed in excess of IDR 250.000.000 will follow the provisions of point iii below;
    2. before 14.00 WIB, it will be received in the User’s employee account according to the date provided or no later than same day; or
    3. after 14.00 WIB, or the amount of salary funds in excess of IDR 250.000.000 or have a different recipient bank, then will be received in the User’s employee account on the next Business Days.
  7. If the use of PaDi Feature to the User’s employee is complete, the User will receive a notification via electronic mail or Talenta Product stating that all salary funds have been successfully delivered.
  8. Other than the Usage Fee as mentioned on the Quotation Terms and Conditions/Usage Agreement, the User understands and comprehends that MSN or Third Party Partner may charge certain fees, including but not limited to processing fee and interbank transfer fee, in connection with the implementation of this PaDi Feature.

3. Operational Times

  1. The operational times of customer service by MSN is from Monday to Saturday from 09.00 to 18.00 WIB or other times that may be determined and set from time to time (“Operational Times”).
  2. If there is system maintenance on Talenta Product and/or PaDi Feature by either MSN or Third Party Partner during Operational Times, the transaction will be processed after the system maintenance process is complete. MSN will notify the User in writing within a reasonable period of time regarding the need for system maintenance.
  3. MSN will provide operational assistance services in connection with the implementation of the PaDi Feature which is limited to the Operational Times in a reasonable and sufficient manner using methods determined by MSN from time to time.

4. Limitation of Liability

  1. MSN is not responsible for the purpose and motives of transactions carried out by, and for the benefits received by, the User or Admin or other employees of the said User related to the use of the PaDi feature that is considered suspicious, non-compliant with and/or violate the law or these Terms of Use. If MSN finds the transaction involving the PaDi feature that is considered suspicious, non-compliant with and/or in violation of applicable laws or these Terms of Use, MSN has the right to investigate the transaction, suspend the transaction, terminate the PaDi Feature and/or take other actions as necessary to overcome the problem either with or without prior notification to the User based on applicable laws and regulations, orders from law enforcement officials, or based on internal policy of MSN. The User, Admin and/or other employees of the User concerned hereby declare (i) to be subject to all series of investigation processes carried out by MSN or authorized law enforcement officials; and (ii) all losses resulting from investigations into transactions, suspension of transactions, termination of the PaDi Feature and/or other actions will be borne entirely by the User and/or the User’s employees.
  2. The User fully agrees to release MSN from all forms of liability, including but not limited to all costs, damages, compensation obligation and/or expenses, whether direct or indirect, arising as a result of all forms of negligence, violations and/or proven crimes carried out by the User and/or their affiliates due to the use of PaDi Feature or any consequences arising from and/or in connection with the use of PaDi Feature.
  3. Any errors in the information entered in Talenta Product and PaDi Feature by User’s administrators or representatives, including but not limited to, User’s employee names, salary fund amounts and/or User’s employee account numbers are the User’s sole responsibility, and MSN cannot cancel transaction if the transaction status is successful.
  4. MSN will provide PaDi Feature services according to the User’s instruction through Talenta Product or PaDi Feature. In the event that there is loss suffered by the User due to the use of the PaDi Feature which is proven to be caused by MSN’s error or negligence in implementing these Terms of Use, MSN will provide compensation for the User’s claims, demands and/or lawsuits with the maximum amount of compensation as regulated under the above Talenta Usage Terms and Conditions. For the avoidance of doubt, to the extent permitted by applicable law, MSN will be exempted from any claim arising from:
    1. The usage of PaDi Feature that is not in accordance with the provisions of the Terms of Use or applicable legal provisions; 
    2. There is an error or negligence caused by the User;
    3. Error data/information on the use of the PaDi Feature received by MSN from the User;
    4. If the PaDi Feature cannot be implemented due to a bank blocking the sender’s and/or recipient’s bank account; and/or
    5. Delays or disruptions caused by delays or disruptions to the Third Party Partner’s system.

5. Miscellaneous

  1. In the event that the User terminates the use of PaDi Feature, the User must provide written notification to MSN no later than 30 (thirty) calendar days before the effective date of termination.
  2. MSN has the right at any time to change these Terms of Use as well as the PaDi Feature operation manual in any form and will notify the changes in writing to the User through reasonable media determined by MSN.
  3. The User hereby agrees to use the PaDi Feature in accordance with the provisions set out in these Terms of Use, and the use of this PaDi Feature is the responsibility of the User whether used directly by the User and/or by the User’s employees.

TERMS AND CONDITIONS OF
QONTAK PRODUCT USAGE

Last modified on: 2 October 2024

Thank you for Your trust in using Qontak’s products. By using any services and/or products provided by PT Qontak Tumbuh Makmur (“QTM”), hereby You, the company and/or business where You have given permission or authorization to represent You (“User”) agree to the following Terms and Conditions of Qontak Product Usage as well as the terms, policies and other related documentation as implemented by Qontak from time to time (“Terms and Conditions”).  These Terms and Conditions are an inseparable part of the Mekari Platform Terms of Use, Usage Agreement, Privacy Notice, as well as other provisions as available on the Product from time to time.

QTM may review and amend these Terms and Conditions from time to time at QTM’s sole discretion. The User acknowledges and agrees that the User is obliged to check these Terms and Conditions from time to time to be aware of the latest condition or information regarding the terms of Product usage provided by QTM.

General Terms

These General Terms apply to all Users who use any Product (as defined below) provided by QTM.

1. General Definition

Personal Data means any data that is related to an individual that is identified or may be identified in a stand-alone manner or combined with other Information, whether directly or indirectly. Information in this case means all information, statement, idea, or signs that contain values, meanings, and messages, whether any data, facts, or explanation that can be seen, heard or listened to that are provided in any forms in accordance with the development of information and communication technology.

BAST means Minutes of Handover, namely a document signed by the Parties after the Training has been carried out which states that the Product can be used by the User.  

Intellectual Property Rights means patents, simple patents, copyrights and other related rights, inventions and software code, moral rights, trademarks and service marks, business names, domain names, rights to product and packaging designs, rights to design, rights to computer software, rights to databases, rights to use, and protect the confidentiality of, confidential information (including technical skills and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all application and right to request and be granted, renewal or extension of, and right to claim priority, all rights and all similar or equivalent rights or forms of protection which exist or will exist now or in the future anywhere in the world.

Confidential Information means all information related to the business information of QTM (or its affiliates) (including, but not limited to, product design, product planning, data, software and technology, financial information, marketing plans, cost information, vendor or customer data and any other confidential information, non-public and proprietary information relating to the business, operations and assets of QTM) that has been or will be provided to the User or any of its representatives by or on behalf of QTM, together with all analyses, compilations, estimates, studies or other documents prepared by the User or its representatives containing any such information.

Trial Service means one of the Product services provided to Users with certain limitations as referred to under these Terms and Conditions.

Active Period means the active period of Product subscription based on the Product package paid by the User, as stated in the Quotation and/or the Usage Agreement. 

Force Majeure means a situation includes but not limited to earthquakes, typhoons, landslides, floods, fires, explosions, pandemic, natural disasters, wars, riots, terrorism, power struggles, sabotage, embargoes, strikes, drastic changes in politics/the economy, whether or not supported with a statement from the competent authority on the occurrence of such event, and the enactment of new laws and regulations that directly or indirectly affects the performance of these Terms and Conditions, which results in the inability to perform the obligations of the Parties under these Terms and Conditions.

Usage Agreement means an agreement for the use of the Product signed by the Parties separately which sets out the detailed terms regarding the use of the Product.

Party means QTM or User. Furthermore, the “Parties” mean both QTM and Users collectively.

Product means the product offered and provided by QTM, such as (i) Whatsapp Business API & Omnichannel, (ii) Customer Relationship Management Application, and/or (iii) Call Center System.

Quotation means a sales order or sales quotation or other similar document issued by QTM separately to the User which regulates the Product package selected by the User as well as other commercial or technical terms as relevant.

2. Package Details, Fees and Payments

  1. The User acknowledges, understands and agrees that the details of the Product package selected by the User are as stated in the Quotation and/or the Usage Agreement (as relevant).
  2. The User is obliged to comply with all the provisions set out in the Quotation and/or the Usage Agreement, including provisions regarding fees for using the Product, payment terms, and other technical provisions as relevant. The Quotation and/or the Usage Agreement is a separate document but is an integral part of these Terms and Conditions. If there is any conflict or difference in the interpretation between the Terms and Conditions and the Quotation and/or the Usage Agreement, then the provisions in the Quotation and/or the Usage Agreement will apply.
  3. These Terms and Conditions will continue to apply if the User agrees to extend the Active Period.

3. User Representations and Warranties

The User represents and warrants that:

  1. The User and/or the party representing the User to agree to these Terms and Conditions is the competent party and the consent to these Terms and Conditions will not violate any contract or arrangement with any other party to which he or she is a party.
  2. The User has obtained all of the necessary licenses regarding the implementation of obligations under these Terms and Conditions.
  3. There are no ongoing actions or lawsuits that may materially affect the User’s ability to perform its obligations under these Terms and Conditions and/or affect the validity of these Terms and Conditions.
  4. The execution and implementation of these Terms and Conditions shall not violate or conflict with (i) the applicable laws (including laws and regulations in the anti-corruption sector); (ii) User’s articles of association; and (iii) agreements or capabilities that bind the User.
  5. In carrying out these Terms and Conditions, the User does not offer, promise, approve or authorize any payment or award, either by directly or indirectly, goods or materials that have value (including, but not limited to gifts, entertainment, food, discounts or personal credit, or other benefits that is not paid at market value) that have a public or commercial bribery purpose or effect and the User will not take any action that will make the User or other party violate any provision in the anti-bribery and corruption regulations and laws that apply in Indonesia or regulations and laws that prohibit any action that violates the law for the purpose of obtaining commercial business benefits.
  6. In implementing these Terms and Conditions, the User has complied with all applicable anti-money laundering laws and regulations and has published an anti-money laundering compliance policy as regulated by the applicable laws and regulations. The User further agrees to provide the necessary information for verification of compliance with the applicable anti-money laundering regulations as reasonably requested by government authorities in accordance with its anti-money laundering compliance procedures.
  7. The User guarantees that the User has obtained valid consent from Personal Data owner whose data is provided to QTM in relation to the usage of the Product. 
  8. The User guarantees to always comply with the terms and conditions and the privacy policies that apply to each Product, both as regulated on the site and/or platform managed by QTM and/or any other third party that is relevant to the provision of the Product.

4. Indemnification and Limitation of Liability

  1. If User (and/or its affiliated company that uses the Product (as relevant) suffers a real loss when using the Product during the Subscription Active Period which has been proven to be caused by direct error or negligence by QTM, the User may submit a request for compensation to QTM.
  2. Under any circumstances, the limit for compensation that can be provided by QTM in connection with the losses suffered by the User as referred to in paragraph 1 above is the maximum of the Usage Fee that has been paid by the User to QTM (excluding applicable taxes) with subject to the following requirements:
    1. the User is obliged to submit a request for compensation to QTM no later than 30 (thirty) calendar days since the loss occurred or since the User became aware of the loss that the User experienced, whichever occurs first; 
    2. if the User uses several Products and/or features whereby User suffers actual loss from using that Product or feature partially, therefore the indemnification will be provided by considering the Usage Fees portion that has been paid to QTM for such partial Products or feature only;
    3. if the User uses the Product together with other User affiliates and real losses are only experienced by certain User affiliates, then QTM will only compensate the User for a maximum of the paid usage fee as relevant for the relevant affiliate; 
    4. compensation paid by QTM is limited to the usage fee paid for the User’s (and/or related affiliate’s) Subscription Active Period which is still ongoing. However, if the Subscription Active Period of the User is more than 12 (twelve) months, the compensation calculation will be limited to a maximum of 12 (twelve) months.
  3. QTM will determine the amount of compensation that will be paid to the User based on internal checking that is carried out through QTM’s system. The compensation provided by QTM is final and binding, so that by receiving compensation from QTM, the User guarantees that there are no bills, costs, claims, demands or other obligations that arise or may arise, which can be billed by the User to QTM in connection with the matters regulated in this Article.
  4. QTM will not be responsible for any losses, claims, expenses, damages, liabilities or costs arising from:
    1. the User’s violation of any provisions of this Terms and Conditions;
    2. use of the Product by unauthorized parties and/or unauthorized access by the User;
    3. if there is a defect or liability caused by the User including modifications or add-ons made without the consent of QTM;
    4. The product is used together with any third party software or product where the User does not have sufficient rights from the third party vendor for such use;
    5. use of the Product that is not carried out in accordance with the provisions of this Terms and Conditions or other technical provisions that apply to the User, including but not limited to the user manual; and
    6. the requirements mentioned in paragraph 2 above are not fulfilled.
  5. To the extent permitted by applicable laws, there is no liability from QTM to the User (or a person claiming rights derived from the rights of another party) for any actual or anticipated loss of revenue, profit, contract or business (whether directly or indirectly, loss of data, and/or any incidental, indirect or consequential loss, in any case arising under or in connection with this Form, whether by contract, act against law (including negligence), violation of duties by laws or otherwise.

5. Intellectual Property Rights

  1. These Terms and Conditions will not be considered as a transfer of any Intellectual Property Rights which are the property of each Party or its affiliates based on applicable laws and regulations.
  2. Each Party will mutually release each other from any claims in the future for their respective Intellectual Property Rights including their use, as long as they are used in accordance with the provisions set out in these Terms and Conditions.
  3. QTM is permitted to use and install the User’s logo and company name for commercial and marketing purposes, including both online media and printed materials (offline) that are used by QTM. Such actions will be conducted fairly and in good faith, with no intention of misusing the User’s logo or company name.

6. Confidential Information

  1. Any information relating to the the party who disclose the confidential information (“Disclosing Party”), whether directly or indirectly provided by the Disclosing Parties to the recipient of confidential information (“Receiving Party”) in connection with the implementation of these Terms and Conditions is considered as confidential (“Confidential Information“), but does not include the following information:
    1. known by the Receiving Party on the date of disclosure of the Confidential Information by the Disclosing Party and not obtained or originating from the Company, affiliated company or through other parties who have confidentiality obligations;
    2. on the date of disclosure, the Confidential Information has become public property or becomes part of public property;
    3. obtained by the Receiving Party itself from a third party entitled to disclose the said Confidential Information when requested by the Receiving Party; or
    4. has been developed by the Receiving Party prior to the date of disclosure of the Confidential Information.
  2. If Confidential Information must be disclosed due to provisions based on applicable law or by an order or decision of an authorized government, disclosure of Confidential Information must be notified to the Disclosing Party as soon as possible.

7. Personal Data and System Security

  1. To the extent QTM receives Personal Data from the User when User creates an account and uses all features which are available in the Product in relation to the implementation of these Terms and Conditions, therefore the User hereby agrees and provides its consent to QTM to process such Personal Data exclusively for the implementation of these Terms and Conditions.
  2. QTM will always conduct its reasonable efforts in accordance with the applicable laws to maintain the confidentiality of the Personal Data and Confidential Information that QTM receives from the User.
  3. All Confidential Information and Personal Data obtained by QTM from the User in accessing and using the Product (hereinafter referred to as “Data“), the User grants the approval to QTM to:
    1. obtain, access, and store the Data as entered by the User to the Product in order to optimally access and use the Product;
    2. collect personal information from and about the User, including but not limited to names, company names, e-mail addresses, telephone numbers and other personal data when the User creates an account and uses the features available in the Product;
    3. use the Data that is not identified as personal to optimize the Product, to help QTM to know how the User uses the Product, to watch and assess the effectiveness of the Product, to find and resolve problems contained in the Product, and develop Product for the benefit of the User;
    4. delete all Data uploaded by the User that is contradict with this Form and applicable laws;
    5. with the permission of the User to provide Data to third parties if necessary to accommodate the needs of using the Product; and
    6. deliver the service announcements, administrative messages, and other information to the User which is related to Product usage.
  4. QTM shall take all reasonable measures in accordance with applicable laws to maintain the confidentiality of all Data and Confidential Information obtained by QTM from the User.
  5. Each Party will always comply with the terms and regulations set forth in the applicable laws and regulations regarding the protection of personal data.
  6. By agreeing to these Terms and Conditions, the User is bound to submit and comply with the privacy policy imposed by QTM.
  7. The User agrees to not carry out the following:
    1. utilizing the Product or any feature thereof for any other purpose other than to implement these Terms and Conditions;
    2. disclosing, selling, sharing, giving contents, information, features or any other service that are available in the Product without written approval from QTM;
    3. conducting intervention against or disrupting any servers, network, feature, or platform available in the Product; and
    4. reproducing or carrying out efforts to extract the source code from any software or other related system that is provided by QTM.

8. Termination

  1. These Terms and Conditions end when the Active Period or the Trial Service has ended, unless expressly stated otherwise. 
  2. The Parties agree that these Terms and Conditions may be terminated earlier prior to the end of the Active Period if the following occurs:
    1. with prior notification minimal 30 (thirty) calendar day in advance from one of the Party to the other Party;
    2. The User is proven to violate these Terms and Conditions, including if the User commits hacking, fraud, causing damage, obstruction, or taking other actions that are detrimental to QTM. In this case QTM may terminate the User’s account and is not required to provide any compensation to the User;
    3. violation towards the content of these Terms and Conditions;
    4. one of the Parties is under bankruptcy or suspension of the obligation to pay the debt that may impact the implementation of these Terms and Conditions;
    5. one of the Parties provide inaccurate, fake, or wrong information.
  3. Termination of the Terms and Conditions if caused by the matters mentioned in paragraph b point ii, iii, iv, and v above can be carried out immediately with written notification by one Party to the other Party.
  4. Early termination of the use of the Product for any reason before the end of the Active Period does not require QTM to return all fees paid by the User to QTM.
  5. The termination of these Terms and Conditions will not impact any existing rights and obligations that arise prior to the termination date. The Parties agree to settle all pending rights and obligations no later than 30 (thirty) calendar days after the effectiveness of the termination of these Terms and Conditions.
  6. The Parties agree to waive the provisions contained in Article 1266 of the Civil Code in connection with terminating an agreement through a judicial process, so that therefore the termination of these Terms and Conditions is sufficient to be carried out in accordance with the provisions regulated above.

9. Force Majeure

If Force Majeure occurs, therefore:

  1. The Party who is impacted by the Force Majeure will notify the other Party in writing at the latest 5 (five) business days and carry out its utmost effort to restore its ability at the soonest possible and always inform the other Party regarding its plan to anticipate and reduce any impact caused by such Force Majeure.
  2. If the Force Majeure occurs until creating any obstacle or delay in implementing the provisions of these Terms and Conditions within 30 (thirty) calendar days, therefore the Parties will communicate to anticipate and reduce any problems caused by such event. If any solutions can be decided therefore these Terms and Conditions implementation can be delayed and modified or terminated by written agreement of the Parties, under the condition that all rights and obligations of each Party that arise before such Force Majeure occurs still need to be carried out by each Party.
  3. In the event that these Terms and Conditions cannot be carried out due to the Force Majeure, therefore all impacts caused by not implementing this Form will be every Party’s respective liability and any Party cannot claim the other Party for any failure to implement these Terms and Conditions and the Party who is impacted by the Force Majeure will not be deemed in default condition or violating these Terms and Conditions. Each Party that suffers the Force Majeure will report in writing to the other Party regarding its inability to fulfill any obligations set out under these Terms and Conditions caused by such matters as mentioned above.

10. Applicable Law and Dispute Resolution

  1. These Terms and Conditions are governed and interpreted in accordance with the laws of the Republic of Indonesia.
  2. All disputes arising between the Parties related to the implementation and interpretation of these Terms and Conditions will be resolved amicably, within 30  days after the dispute is notified to the other Party.
  3. Before contacting another party directly to negotiate to resolve a problem or dispute, the Parties agree not to publish, write or copy in any media that could put the other Party in a detrimental state.
  4. If no consensus is reached as regulated in paragraph 2 of this Article, the Parties agree to resolve the dispute at the Indonesian National Arbitration Board located at Wahana Graha Fl. 1 & 2, Jl. Mampang Prapatan No. 2, Mampang-Jakarta
  5. As long as the dispute is still in the process of being resolved, the Parties are still obliged to carry out the respective obligations that must be fulfilled in accordance with these Terms & Conditions and/or Usage Agreement (as relevant).

11. Service Level & Product Help Center

  1. Hotline Qontak Support:
    1. Whatsapp: +62 851-8097-1599
    2. E-mail: support-qontak@mekari.com
    3. On – Call Support : http://bit.ly/oncallsupportqtk
  2. Operational Hours:
    1. Monday – Friday: 00.00 – 24.00 WIB (WhatsApp & Email)
    2. Saturday – Sunday:  09.00 – 18.00 WIB (WhatsApp & Email)
    3. Monday – Friday: 09.00 – 18.00 WIB (On Call Support)

Regarding the resolution of issues within the system, QTM applies the Service Level Agreement (hereinafter referred to as “SLA”) for our User, SLA of which will determine the duration to resolve any issues. The following is the priority details in our SLA:

Communication method: every problem occurred is notified through Whatsapp and/or email hotline to Qontak.

No. Type Definition SLA
1 First Response Time Duration that must be fulfilled by the Support team in responding to the users since the conversation is assigned to the Support team. 3 (three) Minutes
2 Response Time Time for the Support team to respond to any ongoing conversation. 5 (five) Minutes
3 Resolution Time Time needed by the Support team to resolve any non-technical issues.

Whereas for any technical issues will be depending on the critical level of such issues.

1 (one) hour or depending on the difficulty level of the issues

*) Note: As QTM may cooperate with third party service providers in providing Products, in practice adjustments to the SLAs written above can be applied because QTM has to coordinate with these third parties and/or adjust to the SLAs set by these third parties.

12. Trial Service Terms

  1. In terms of fulfilling the conditions implemented by QTM, the User can use the Trial Service after successfully registering and has been verified by QTM.
  2. QTM, based on its discretion, has the right to terminate the Trial Service if there is an indication of a violation of these Terms and Conditions, terms and conditions of QTM partners and/or violation of applicable regulations.
  3. After the end of the Trial Service period, the Trial Service will automatically not be accessible, used, and/or enjoyed by Users. If the User wants to continue using the Product, the User must provide confirmation to QTM and follow the procedure for using the Product enforced by QTM. These Terms and Conditions remain in effect if the User agrees to continue using the Product.
  4. The general provisions set out in these Terms and Conditions will be binding on Trial Service Users, except for those expressly provided for in this Article.

13. Miscellaneous

  1. Assignment. Neither Party may transfer the rights and obligations arising from the implementation of these Terms and Conditions to a third party without the written consent of the other Party.
  2. Entirety. These Terms and Conditions contain all agreements between the Parties and supersedes all previous agreements related to the matters of this Form, and all agreements whether made in writing or verbally regarding matters as agreed under these Terms and Conditions.
  3. Waiver. No delay or failure by any Party at any time to implement or carry out every right or provision under this Form that will be deemed as waiver thereof, unless made in writing.
  4. Severability. If any provision or part of these Terms and Conditions is invalid, null and void, cannot be implemented, void, or illegal due to applicable law, then the inapplicability of these provisions does not result in the cancellation of all terms and conditions of these Terms and Conditions. The Parties agree that the other provisions of these Terms and Conditions will continue to be in full force and the Parties will try to change any provisions that are invalid, void, unenforceable, invalid, or illegal to comply with applicable law in Indonesia.
  5. Access Freeze. The User understands and agrees that based on the sole discretion of QTM, QTM has the right to terminate these Terms and Conditions and/or terminate, revoke and/or reject access to the Product, in part or in whole and either temporarily or permanently, with/without prior notice, if the following is suspected: (i) the User does not fulfill the payment conditions as stipulated in these Terms and Conditions, (ii) there is an indication of fraud, data theft, fraud, does not fulfill one or all of these Terms and Conditions, there is a violation of the provisions of these Terms and Conditions and/or applicable laws and regulations or other reasons, so therefore any losses arising from these actions are not the responsibility of QTM and QTM in any case is not obligated to provide any compensation to the User for this matter.

14. Specific Terms For Each Product

The following are the Specific Terms that apply to Users according to the type of product selected.

Specific Terms & Conditions for the Use of Whatsapp Business API & Omnichannel Products

The terms below are only relevant if the User uses a Product in the form of Whatsapp Business API & Omnichannel.

1. Definition

WhatsApp Business API means a business version of the WhatsApp account that can be provided by QTM as the official business solution provider from Meta.

Meta means Meta Platforms, Inc., which is the owner and developer of the WhatsApp Business API.

Omnichannel Qontak means an application provided by QTM which functions to manage conversations from the WhatsApp Business API and several other social media (facebook messenger, Instagram, line, Twitter, telegram, email and live chat), which is equipped with multiple agent and reporting features.

User means the party legally appointed and recommended by the User, in this case such as the User’s employees, to be able to operate the Product.

Implementation means the training process for the use of the Product up to the handover which will be carried out by QTM.

Product Usage Period means the period of time in which the User can use the Product after handing over the Product account from QTM and the User has implemented it.

URD Document (User Requirement Document) means a document that contains the process flow of the Implementation of User policies including the Implementation schedule and the Implementation structure agreed upon by the Parties.

Fee means all fees that must be paid by the User to QTM as set out in this Form, including but not limited to usage fee, BIC and UIC fee, and other fee as relevant.

Monthly Unique Visitor (Unique Inbound Contact) or MUV means a customer’s unique ID who makes conversations on the Qontak Omnichannel and can be a WhatsApp telephone number, Instagram username, Twitter username, and other unique accounts from social media that can be integrated with the Qontak Omnichannel. MUV calculation will be recalculated every month.

Whatsapp Conversation Credit means conversation quota of UIC.

User Initiated Conversation (Conversation Services) or UIC is a definition set out by Meta and may be changed from time to time by Meta, which means a conversation session initiated by a User’s customer that starts since the User replies to the first message from the customer and the User has a period of 24 (twenty four) hours to reply to the first message, so that if the User replies more than the 24 (twenty four) hours interval, a new conversation fee will be charged and a new 24 (twenty four) hours conversation session will be calculated.

Business Initiated Conversation or BIC is a definition set by Meta and may be changed from time to time by Meta, meaning a conversation session initiated by a User in the form of a notification message or a message used to follow up on a previously conducted conversation and sent using a template. BIC session can last for 24 (twenty-four) hours starting from the first message sent by the User where during the 24 (twenty-four) hours gap, the User can send more than one notification message or follow up message and will be charged once the fee for one BIC session for each category, that is:

  1. Authentication Conversation means a conversation that allows a User to authenticate a User with a one-time passcode or with multiple steps in the login process (eg: account verification, account recovery, integrity challenge); and
  2. Utility Conversation means conversations that facilitate certain requests or transactions that are agreed or the delivery of up-to-date information to customers about ongoing transactions, including post-purchase notifications and recurring billing reports;
  3. Marketing Conversation means conversations that include promotions, information updates, or invitations for customers to respond to or take action. Any conversation that does not qualify as a Utility Conversation or an Authentication Conversation is a Marketing Conversation.

Conversation means a 24 (twenty-four) hours conversation window where Users and their customers can have conversations freely (without templates).

Whatsapp Balance means a nominal placed by the User to QTM for the use of BIC. This Whatsapp Balance can also be deducted for UIC usage only when Whatsapp Conversation Credit has been used up by the User.

2. User Account & Active Period

  1. Users are required to register by creating an account in the application.
  2. Active Period can be extended with a written agreement made separately by the Parties.
  3. Users can access and use the Product in accordance with the Term of Use of the Product from the start date stated in the BAST or BASTP (as relevant).

3. Billing & Addition of Product Facilities

  1. Proforma Invoice or invoice (hereinafter referred to as “Invoice”) for Fees will be sent by QTM to the User. If payment is made using the payment term method, then an Invoice for subsequent payments will be issued to the User and must be paid according to the time specified in the Invoice.
  2. Payment of Fees must be received by QTM no later than 14 (fourteen) calendar days from the date stated on the Invoice and the User sends proof of payment to QTM. In the event that payment has been received by QTM, QTM will provide the User with: (i) Original Invoice; and (ii) Original tax invoice (hereinafter referred to as “Proof of Payment“).
  3. Proof of Payment will be sent according to the date of receipt of payment. In the event that the User chooses to make payments for using the Product using the payment term method, Proof of Payment will be sent per term according to the date of receipt of payment.
  4. In the event that the User requires additional quota/services, additional fees will be charged to the User as follows:
    1. BIC and UIC additional fees subject to Meta terms
      Fees applied by Meta, including fees for User Initiated Conversation and Business Initiated Conversation (“BIC and UIC Fees”), will and always refer to the conditions set by Meta as informed through the official website of Meta and/or through communication media others as determined by Meta from time to time. QTM will notify the User if there is a change in BIC and UIC Fees by Meta. User hereby guarantees and states that the determination of the BIC and UIC Fees is Meta’s sole discretion without involvement from QTM. Therefore, the User understands and knows that the referred BIC and UIC Fees may be subject to change by Meta from time to time, therefore the User agrees that changes to the BIC and/or UIC Fees applied by the Meta will be effective according to the date to be notified by the QTM at a later date.
    2. Management fee
      The User is also required to pay a management fee charged by QTM, which nominal will be stated in the Quotation and/or Usage Agreement. This management fee can be changed at any time by QTM.
    3. MUV additional fee
      If the User requires additional MUVs in the current month, Users can purchase additional MUVs at a fee set by QTM, which amount will be stated in the Quotation and/or the Usage Agreement. This MUV additional fee can be changed at any time by QTM.
    4. User additional fee
      If the User requires additional Users, then the User will be charged a fee per User determined by QTM, which nominal will be stated in the Quotation and/or the Usage Agreement. This User additional fee can be changed at any time by QTM.
  5. For the avoidance of doubt, BIC and UIC Fees and management fees cannot be paid in installments by the User.
  6. Each Party is responsible for taxes that must be paid in accordance with the provisions of the applicable laws and regulations.

4. Training

  1. QTM will provide training on the use of the Product aimed at Users (hereinafter referred to as “Training“).
  2. The Training provided by QTM was carried out free of charge for 1 (one) time.
  3. The User can obtain additional training at an additional fee (hereinafter referred to as “Additional Fee“) with details of fee that will be regulated in the Quotation and/or Usage Agreement.
  4. The Training will be carried out under the following conditions:
    1. Can be carried out online or by a visit to the User’s office;
    2. If it is carried out with a visit to a place outside the JABODETABEK, Bandung or Surabaya area, the User is required to pay transportation and accommodation fee; and
    3. Can only be carried out after the User agreed to these Terms and Conditions and paid the usage fee.
  5. Additional Training will be carried out provided that:
    1. If the User is domiciled in the JABODETABEK area, additional training can be carried out online or through visits;
    2. If the User is domiciled outside the JABODETABEK area, additional training will be carried out online; and
    3. Additional training can only be carried out after the User paid the usage fee and Additional Fees.

5. Adjustment

The Parties acknowledge and agree that Meta has sole discretion in making changes, modifications and/or adjustments in relation to the Product, whether related to criteria, price, specifications, types and any other matters related to the Product. Therefore, the Parties promise and agree that in the event of any changes, modifications and/or adjustments implemented by Meta, the changes, modifications and/or adjustments will be effective based on the date stated in the notification submitted by QTM to the User.

Specific Terms & Conditions for the Use of Customer Relationship Management Products

The Terms and Conditions below are only relevant if the User uses the Product in the form of a Customer Relationship Management Application.

1. Definition

  1. CRM Application means a customer relationship management platform designed to improve sales and marketing performance. This platform is equipped with features such as lead management, sales management, ticket management, contact management, task management, along with comprehensive analytical reports to understand sales activity.
  2. User means the party legally appointed and recommended by the User, in this case such as the User’s employees, to be able to operate the Product.
  3. Implementation means the discussion process regarding setting up the CRM Application according to the User’s company policies (Meeting Requirements), the process of entering User data into the CRM Application (Setup/Migration), training for using the CRM Application until handover.
  4. Product Usage Period means the period of time in which the User can use the Product after handing over the Product account from QTM and the User has carried out Implementation.
  5. URD Document (User Requirement Document) means a document that contains the process flow of the Implementation of User policies including the Implementation schedule and the Implementation structure agreed upon by the Parties.
  6. Fee means all fees that must be paid by the User to QTM as stipulated in the Quotation and/or Usage Agreement, including but not limited to usage fee and other fees as relevant.

2. User Account & Active Period

  1. Users are required to register by creating an account in the application.
  2. The Active Period can be extended with a written agreement made separately by the Parties.
  3. Users can access and use the Product in accordance with the Term of Use of the Product from the start date stated in the BAST or BASTP (as relevant).

3. Billing & Payment

  1. Proforma Invoice or invoice (hereinafter referred to as “Invoice”) for Fees will be sent by QTM to the User. If payment is made using the payment term method, then an Invoice for subsequent payments will be issued to the User and must be paid according to the time specified in the Invoice.
  2. Payment of Fees must be received by QTM no later than 14 (fourteen) calendar days from the date stated on the Invoice and the User sends proof of payment to QTM. In the event that payment has been received by QTM, QTM will provide the User with: (i) Original Invoice; and (ii) Original tax invoice (hereinafter referred to as “Proof of Payment“).
  3. Proof of Payment will be sent according to the date of receipt of payment. In the event that the User chooses to make payments for using the Product using the payment term method, Proof of Payment will be sent per term according to the date of receipt of payment.
  4. Each Party is responsible for taxes that must be paid in accordance with the provisions of the applicable laws and regulations.

4. Training and Implementation

  1. QTM will provide a discussion regarding product system settings in accordance with User company policies (Meeting Requirements), the process of entering User Data into Products (Setup/Migration) together with Product use training aimed at Users.
  2. The training given simultaneously with the implementation as referred to in paragraph 1 above is carried out free of charge 1 (one) time.
  3. Users can obtain additional training at an additional fee (“Additional Fee“) with details of costs that will be stipulated in the Usage Agreement and/or Quotation.
  4. Training and Implementation will be carried out with the following provisions:
    1. Can be carried out online or by a visit to the User’s office;
    2. If it is carried out with a visit to a place outside the JABODETABEK, Bandung or Surabaya area, the User is required to pay transportation and accommodation fee; and
    3. Can only be implemented after the User agreed to these Terms and Conditions and paid the usage fee.
  5. Additional training will be carried out provided that:
    1. If the User is domiciled in the JABODETABEK area, additional training can be carried out online or through visits;
    2. If the User is domiciled outside the JABODETABEK area, additional training will be carried out online; and
    3. Additional training can only be carried out after the User paid the usage fee and Additional Fees.

Specific Terms & Conditions for the Use of Call Center Products

The Terms and Conditions below are only relevant if the User uses the Product in the form of a Call Center.

1. Definition

  1. Call Center System means a system designed to increase efficiency and productivity, maximize the use of communication technology to be able to engage and interact with customers, especially in dealing with customer problems. In its implementation, QTM may collaborate and/or partner with other licensed third parties.
  2. User means the party legally appointed and recommended by the User, in this case such as the User’s employees, to be able to operate the Product.
  3. Implementation means the discussion process related to setting up the Call Center System in accordance with the User’s company policies (Meeting Requirements), the process of entering User data into the Call Center System (Setup/Migration), training for the use of the Call Center System up to handover.
  4. Product Usage Period means the period of time in which the User can use the Product after handing over the Product account from QTM and the User has conducted the Implementation process.
  5. URD Document (User Requirement Document) means a document that contains the process flow of the Implementation of User policies including the Implementation schedule and the Implementation structure agreed upon by the Parties.
  6. Fee means all fees that must be paid by the User to QTM as set out in this Form, including but not limited to usage fees and other fees as relevant.

2. User Account & Active Period

  1. User are required to register by creating an account in the application.
  2. The Active Period can be extended with a written agreement made separately by the Parties.
  3. Users can access and use the Product in accordance with the Term of Use of the Product from the start date stated in the BAST or BASTP (as relevant).

3. Billing & Changes of Product Facilities

  1. Proforma Invoice or invoice (hereinafter referred to as “Invoice”) for Fees will be sent by QTM to the User. If payment is made using the payment term method, then an Invoice for subsequent payments will be issued to the User and must be paid according to the time specified in the Invoice.
  2. Payment of Fees must be received by QTM no later than 14 (fourteen) calendar days from the date stated on the Invoice and the User sends proof of payment to QTM. In the event that payment has been received by QTM, QTM will provide the User with: (i) Original Invoice; and (ii) Original tax invoice (hereinafter referred to as “Proof of Payment“).
  3. Proof of Payment will be sent according to the date of receipt of payment. In the event that the User chooses to make payments for using the Product using the payment term method, Proof of Payment will be sent per term according to the date of receipt of payment.
  4. Proof of Payment will be sent according to the date of receipt of payment. In the event that the User chooses to make payments for using the Product using the payment term method, Proof of Payment will be sent per term according to the date of receipt of payment.
  5. The User makes a payment to QTM for each outgoing call made.
  6. Each Party is responsible for taxes that must be paid in accordance with the provisions of the applicable laws and regulations.

4. Training & Implementation

  1. QTM will provide a discussion regarding Product system settings in accordance with User’s company policies (Meeting Requirements), the process of entering User Data into Products (Setup/Migration) (hereinafter referred to as “Implementation”) together with Product use training aimed at User (hereinafter referred to as “Training”).
  2. The training given simultaneously with the implementation as referred to in paragraph 1 above is carried out free of charge 1 (one) time.
  3. User can obtain additional training at an additional fee (“Additional Fee“) with details of fees that will be stipulated in the Usage Agreement and/or Quotation.
  4. Training and Implementation will be carried out with the following provisions:
    1. Can be carried out online or by a visit to the User’s office;
    2. If it is carried out with a visit to a place outside the JABODETABEK, Bandung or Surabaya area, the User is required to pay transportation and accommodation fee; and
    3. Can only be carried out after the User agreed these Terms and Conditions and paid the usage fee.
  5. Additional training will be carried out provided that:
    1. If the User is domiciled in the JABODETABEK area, additional training can be carried out online or through visits;
    2. If the User is domiciled outside the JABODETABEK area, additional training will be carried out online; and
    3. Additional training can only be carried out after the User paid the usage fee and Additional Fees.

TERMS AND CONDITIONS OF
JURNAL PRODUCT USAGE

Last modified on 2 October 2024

These terms and conditions (“Terms and Conditions”) cover the use of any products, sites and services available from Jurnal as detailed below (“Service”). You agree to these Terms and Conditions by accessing or using the Service.These Terms and Conditions are an integral part of the Platform Mekari Terms of Use, the Usage Agreement, Privacy Notice, and other terms as available on the Service from time to time.

These Terms and Conditions constitute the agreement or understanding between Us and You.

These Terms and Conditions may be changed or updated, in whole or in part, from time to time without prior notice to You and will take effect from the time they are uploaded to the Website, Site, or any other URL owned or managed by Jurnal (“Site/Website”).

BY ACCESSING OR USING THE SERVICES OR DOWNLOADING ANY MATERIAL FROM THE WEBSITE, YOU AGREE TO AND WILL COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU DO NOT MEET THE REQUIREMENTS TO ACCESS OR USE OUR SERVICES AND WEBSITE, AND YOU MUST IMMEDIATELY STOP ACCESSING OR USING OUR SERVICES AND WEBSITE.

COMMUNICATION AND NOTIFICATIONS

By this, You agree to receive communications and notifications in any form, whether electronic or non-electronic, related to the Website and Service, including but not limited to marketing and promotional information regarding the Service. You acknowledge, understand, and agree that any communication sent by Us has met all legal requirements for written communication and the specific delivery methods stipulated in applicable laws and regulations.

1. Definition

Add-Ons” means additional services outside the Package that can be selected according to Your needs.

Account” means Your access rights to be able to use the Service.

You or “Your” or “Yours” means User or Invited User.

Jurnal’s Fair Usage (Jurnal Fair Usage)” or “Fair Usage Pricing (FUP)” means the limitations as specified in Jurnal’s Package that You order and including any limitations imposed by Jurnal in relation to the Jurnal’s Service modules or features.

Subscription Fee” means the monthly fee (including tax) that You must pay according to the list of fees listed on Jurnal’s Website.

Intellectual Property Rights” means patents, function models, simple patents or other similar rights, rights to inventions, copyrights and related rights, and other related rights, know-how, inventions and software code, moral rights, trademarks and service marks, business name, domain name, right to product and packaging design, right to sue for misleading branding or unfair competition, right to design, right to computer software, right to database, right to use and protect confidentiality of, confidential information (including technical skills and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to request and be granted, renewal or extension of, and rights to claim priority, all rights and all similar or equivalent rights or forms of protection exist or will exist now or in the future anywhere in the world.

Confidential Information” means all information related to business information from Jurnal (or its affiliates) (including, but not limited to, product design, product planning, data, software and technology, financial information, marketing plans, cost information, vendor or user’s data and any other information that is confidential, non-public information, and proprietary rights relating to the business, operations, and assets belong to Jurnal) that has been or will be provided to You or any of Your representatives by or on behalf of Jurnal, together with all analysis , compilations, estimates, studies or other documents prepared by You or Your representatives containing any such information.

We” or “Us”, “Our”, or “Jurnal” means PT Jurnal Consulting Indonesia.

The Parties” means both We and You collectively. However, individually, each is referred to as a “Party“.

Usage Agreement” means the usage agreement signed by the Parties and/or the subscription form signed separately by You, which details the specific terms regarding the use of the Service.

Service” means the service of providing software as a service for accounting, financial and operational management provided by Jurnal through the Website, mobile applications, and/or other platforms.

Active Period” means the duration of the active period of Your Jurnal subscription Account that You have chosen and paid for.

Package” means every unit of modules and features in the Service that can be selected according to Your needs.

User” means any person, organization and/or other entity, who registers to use the Service.

Invited User” means other people, organizations and/or entities, other than User, who use the Service from time to time with permission and invitation from User.

Website” means the internet site in the domain https://www.jurnal.id/id/, my.jurnal.id or other internet sites managed by Jurnal and may be changed from time to time.

2. Terms of Service

  1. By agreeing to these Terms and Conditions and activating the Account according to the procedure set by Us, You can take advantage of the Service according to the selected package, details of which as outlined under service order/service quotation/usage agreement and/or other similar written document issued by Jurnal and signed by the User (as relevant) (“Detail Document”).
  2. Use of the Service is non-exclusive, non-sublicensable, non-transferable, and limited by and subject to the provisions of these Terms and Conditions.
  3. User hereby represents and warrants that:
    1. You are legally competent and authorized to perform legal acts under the laws of the Republic of Indonesia, including binding yourself to and fulfilling all the terms and conditions in these Terms and Conditions;
    2. that it is the User’s responsibility to determine which parties get access as Invited Users and the types of roles and rights they have to access, process, modify, and/or reduce the Data that You have or display on Jurnal’s Service. The User will guarantee and be fully responsible for granting access to Invited User under any circumstances, including in the event that User choose to customize certain roles in Jurnal’s Account for Invited User. User are also required to (i) ensure that Invited User understand their respective roles or abilities in accessing or processing Data contained in User Accounts and (ii) comply with the Privacy Policy enforced by Jurnal from time to time. The User hereby releases Jurnal for any losses and/or claims that may arise from a violation or negligence of the User’s Jurnal Account carried out by any party, including Invited User;
    3. The use of the Service by You may be subject to Jurnal Fair Usage, including the number of User, Invited User, number of invoices and invoices issued, monthly transaction volume, number of SKUs, number of warehouses, and number of calls You are permitted to make to Jurnal’s application programming interface. Jurnal Fair Usage will remain in effect during the initial period of Your Active Period or the relevant renewal period (as applicable). Jurnal has the right to change the limits on the Jurnal Fair Usage with written notification to You.
    4. You are not permitted to alter, obstruct, or interfere with Our Service, supporting networks, or networks, whether manually or through the use of scripts, worms, or viruses.
    5. You may not use or access the Service in a way that exceeds the Jurnal Fair Usage. If You exceed Your Jurnal Fair Usage, We may limit Your access rights to the Service. You can disable or fix such Jurnal Fair Usage, or Your Service will be upgraded to a service level appropriate to Your suitable usage.
    6. You can add or increase Your subscription package and Jurnal Fair Usage by contacting Jurnal’s team first. In this case, Jurnal will charge You for Subscription Fee in accordance with Your upgraded Service (“New Subscription Fee”) and You agree that the Package, Jurnal Fair Usage and New Subscription Fee will apply to You forward.
    7. All payments that You have made to Jurnal cannot be returned for any kind of reason.
  4. If the User utilizes any additional service outside the Service, therefore such additional services, including the payment terms, may be outlined under the Detail Document.

3. Operational Hour for User’s Assistance

  1. Live Chat
    Available from 08.00 – 18.00 WIB, every Monday to Saturday. In the event that Live Chat is received outside the time specified above and/or the relevant day is a national holiday, Jurnal’s team will provide a response on the next business day and hour.
  2. Email
    Available from 08.00 – 18.00 WIB, every Monday to Saturday. In the event that an email is received outside the time specified above and/or the day concerned is a national holiday, Jurnal’s team will provide a response on working days and hours and will reply on the following working day and hours.

4. User’s Obligations

  1. Payment Obligation

    1. The invoice is the total nominal value of Your Account Subscription Fee according to the selected Service package and the duration of the Active Period for using the Service. Additional Subscription Fee may be billed to You if You use additional services beyond the features in the Package provided by Jurnal or activate the Add-Ons service in Jurnal App-Store.
    2. Jurnal will invoice Your Account’s Subscription Fee before the Active Period begins (including the extension of the Active Period) until You end the Service in accordance with the provisions in the “Service Termination” section.
    3. All invoices from Jurnal will be sent to You via the billing contact that You have provided via email registered on the Service.
    4. You must make a payment in accordance with the total nominal of Your Account’s Subscription Fee as stated on Your invoice before the due date for the invoice is passed.
    5. You are responsible for payment of all taxes and duties added to the Subscription Fee invoice.
    6. Jurnal has the right to suspend or freeze Your access to the Account if You have not made a complete and correct payment of the invoice in accordance with the terms set out in the invoice.
    7. We will re-activate Your access to the Service after You have paid the Subscription Fee subject to the conditions set by Jurnal.
  2. General Obligations
    You must ensure that You only use the Service and the Website for Your internal business needs that are correct and lawful, and in any case have obtained all the necessary approvals and permits to run Your business and in using the Service and Jurnal’s Website.
  3. Access Terms
    You must ensure that all usernames and passwords required to access the Service are stored securely and confidentially. You must immediately notify Jurnal about the use of Your password from unauthorized parties, or other security breaches, and Jurnal will reset Your password, and You must take all other actions deemed necessary by Jurnal to maintain or enhance the security of the Jurnal’s computer system and network and Your access to the Service.
    As a condition of these terms, when accessing and using the Service, You must:

    1. Not trying to weaken the security or integrity of Jurnal’s computer system or network, and/or third party computer systems or networks, if a third party hosts the Service;
    2. Not use or abuse the Service in any way that may interfere with the ability of other users to use the Service or the Website;
    3. Not try to gain unauthorized access to any material other than what has been clearly stated that You have obtained permission to access it, or to access our computer system where the service is hosted;
    4. Not sending, or entering into the Website, any files that can damage other people’s computer equipment or software, offensive materials, or material or Data (as defined below) that violates any law (including data or other material that is protected by copyright or trade secret which You do not have the right to use);
    5. Not try to modify, copy, imitate, disassemble, or reverse engineer any computer program used to provide the Service, or to use the Website other than what is required and intended.
  4. Use Limitations
    The use of the Service may be limited, including but not limited to the monthly transaction volume and the number of calls allowed for You to use, by calling Jurnal’s application programming interface.
  5. Communication Terms
    As a condition of these Terms and Conditions, if You use any means of communication available through the Website (such as any forum or chat room), You agree to use these means of communication only for lawful purposes. You may not use these communication tools to post or distribute any material that is not related to the use of the Service, including but not limited to, offering goods and services for sale, unsolicited or unwanted commercial e-mail, files that can damage the device or other people’s computers or software, materials that may insult other user of the Service or Websites, or material that violates any law (including material that is protected by copyright or trade secrets where You do not have the right to use it). When You make communications of any kind on the Website, You warrant that You are permitted to make such communications. Jurnal is under no obligation to ensure that communications on the Website are legitimate and correct, or that they are related only to the use of the Service. Jurnal has the right to delete any communication at any time at Jurnal’s discretion.

5. Terms of Account Activation, Implementation and Training for the Use of Jurnal

  1. Your subscription Active Period is (i) 30 (thirty) calendar days from the date payment is received by Jurnal or (ii) another date if previously agreed between You and Jurnal.
  2. In the event that You agree with Us a certain date for Your Active Period as referred to in paragraph a above and You carry out the Implementation process (as defined below), then the starting date of Your Active Period is calculated from the date the Implementation process is held.
  3. We will provide You with implementation services in the form of the process of preparing data, setting up and entering Your data into Jurnal’s Service system (“Implementation“) and training on using the Service free of charge as part of purchasing Jurnal’s Service that You make for the first time.
  4. Implementation and training on the use of the Service mentioned in paragraph b above can be carried out no later than 3 (three) months from the date of the first payment made by the User. If after the 3 (three) month period You have not carried out the free implementation and training, then You can carry out training and implementation with Us at an additional cost.
  5. All Implementation and training processes are held in an online manner. You will be charged with additional cost if the Implementation and training processes are requested to be held offline. 
  6. These Terms and Conditions will re-apply automatically for the renewal period for a period as determined later, as long as You continue to pay the Subscription Fee that has been determined when it is due.

6. Use of Third Party Services

  1. You can choose to access or use services provided by third parties that may be available on Jurnal’s Website (“Third Parties“). You hereby declare and acknowledge that You may separately be asked by the Third Party to comply with the terms and conditions of use and the privacy policy of the Third Party and/or the system and/or payment instrument providers available in the Third Party services.
  2. Jurnal only facilitates the provision of Third Party services provided by these Third Parties, which services are not owned by or under Jurnal’s control, so We are not responsible for these Third Party services, do not guarantee the correctness of these Third Party services, as well as the implementation of goods offerings and/or services by the Third Party.
  3. You agree to release Jurnal from any claims filed and losses incurred in any form, whether directly or indirectly, related to or in connection with Third Party services, violation of representations, warranties or provisions in the terms and conditions of use of Third Party’s services or non-implementation of a obligations in the terms and conditions of Your use of Third Party services.

7. User Representations, Warranties, and Acknowledgements

  1. You warrant that, if You register to use the Service on behalf of another person, You have the authority to agree to these Terms and Conditions on behalf of that person, and agree that by registering to use the Service, You are binding on the person You represent to, or with the intention of to, act on their behalf for any of the obligations You have agreed to in these Terms and Conditions, without limiting Your own liability to those terms.
  2. You acknowledge that:
    1. You have the authority to use the Service and the Website, and to access information and data that You enter into the Website, including any information or data entered into the Website by anyone You have authorized to use the Service. You are also authorized to access information and data that has been processed, which is provided to You through Your use of the Website and Our services (whether You own the  information and data or belong to someone else).
    2. Jurnal is not responsible to anyone other than You, and there is no intention whatsoever in these Terms and Conditions to benefit anyone other than You. If You use the Service or access the Website on behalf of or for the benefit of someone other than You (whether a legal entity or not, or otherwise), You agree that:
      • You are responsible for ensuring that You have the right to do so;
      • You are responsible for granting authority to anyone You give access to information or data, and You agree that Jurnal has no responsibility to provide anyone access to that information or data without Your authorization;
      • You release Jurnal from any claim or loss related to Jurnal’s refusal to provide access to anyone to Your information or data in accordance with these Terms and Conditions, the provision of information or data by Jurnal to anyone based on Your authorization.
    3. Provision, access to, and use of the Service is provided as is and at Your own risk.
    4. Jurnal does not guarantee that the use of the Service will never be interrupted or error free. Among other things, the operation and availability of systems used to access the Service, including public telephone services, computer networks, and the internet, can be difficult to predict and may from time to time interfere with or prevent access to the Service. Jurnal however is not responsible for the interruption, or preventing access to the use of the Service.
    5. Jurnal is not Your accountant, and use of the Service does not constitute acceptance of accounting advice. If You have accounting questions, please contact an accountant.
    6. It is Your sole responsibility to determine that our Service meet Your business needs and can be used for their intended purpose.
    7. You remain responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that the storage and access to Your data through the Service and the Website complies with the laws that apply to You (including any laws that require You to keep records).

8. Confidentiality and Privacy

  1. Confidentiality
    You undertake to maintain the confidentiality of all Confidential Information in connection with the use of the Service. You will not, without written approval from Jurnal, disclose or provide Confidential Information to anyone, or use it for Your own interests, other than as intended by these Terms and Conditions. Your obligations regarding these terms will survive the termination of these Terms and Conditions.
    The provisions of this article do not apply to information that:

      1. Has become public knowledge apart from violation of this provision;
      2. Received from a third party who legally obtained it, and has no obligation to limit its disclosure; and/or
      3. Self-developed without access to Confidential Information.
  2. Privacy
    Jurnal has and maintains a privacy policy that explains and stipulates the parties’ obligations to respect personal information. You are advised to read and understand our privacy policy which is available through www.jurnal.id/id/privacy and/or other sites as enforced by Jurnal as relevant.

9. Intellectual Property Rights and Data Privacy

  1. Ownership and all Intellectual Property Rights obtained on the Service, Website, and any documentation related to the Service remain the property of Jurnal.
  2. For all information and data obtained by Jurnal from You in accessing and using the Service (hereinafter referred to as “Data”), You give valid approval to Jurnal to:
    1. obtain, access, and store Data entered by the User into the Website in order to access and use the Service optimally;
    2. use data that is not identified as personal data based on applicable laws and regulations, to optimize services, help Jurnal to find out how User use the Service, view and assess Service effectiveness, find and resolve problems found in Service, develop Service for the benefit of User and/or develop, optimize and/or resolve problems within other services or product owned by of Jurnal’s affiliates;
    3. delete all Data uploaded by the User that are contrary to these Terms and Conditions and applicable law; and
    4. send service announcements, administrative messages, and other information to the User related to the use of the Service.
  3. You are strongly advised to keep copies of all Data that You entered into the Service. Jurnal complies with the policies and follows the best procedures to prevent data loss, including daily system routines for backing up data, but does not make any guarantees that data loss will never occur. Jurnal clearly waives responsibility for any data loss for any reason.
  4. Jurnal is permitted to use and install the User’s logo and company name for commercial and marketing purposes, including both online media and printed materials (offline) that are used by Jurnal  Such actions will be conducted fairly and in good faith, with no intention of misusing the User’s logo or company name.

10. Limitation of Liability and Indemnification

  1. Jurnal will not be responsible for any losses, claims, expenses, damages, liabilities or costs arising from:
    1. Violation of these Terms and Conditions by You;
    2. Your use of the Service that is not in accordance with these Terms and Conditions, is not in accordance with the provisions of the laws and regulations or other provisions that We stipulate;
    3. If there are defects or damage that You cause due to modifications or add-ons to the product that are made without the approval of Jurnal; and/or
    4. You integrate the Service with other software, causing the Service to experience interruption.
  2. If the User (and/or its affiliated company that uses the Service (as relevant)) suffers a real loss when using the Service during the Active Period which has been proven to be caused by direct error or negligence by Jurnal, then the User can submit a request for compensation to Jurnal.
  3. Under any circumstances, the limit for compensation that can be given by Jurnal in relation to losses suffered by the User as referred to in paragraph b above is the maximum of the Subscription Fee that has been paid by the User to Jurnal (excluding applicable taxes) subject to the requirements as follows:
    1. The User is required to submit a request for compensation to Jurnal no later than 30 (thirty) calendar days since the loss occurs or since the User becomes aware of a loss that User has experienced, whichever occurs first;
    2. if the User uses the Service together with other User’s affiliates and the real losses are only experienced by certain User affiliates, Jurnal will only compensate the User for a maximum of Jurnal Subscription Fee that have been paid as relevant for the affiliate concerned; and
    3. Compensation paid by Jurnal is limited to the occuring Jurnal Subscription Fee paid for the Active Period of the User (and/or its related affiliate). However, if the User’s current Active Period is more than 12 (twelve) months, the calculation of compensation will be limited to a maximum of 12 (twelve) months.
  4. We will determine the amount of compensation that will be paid to You based on internal checks carried out through our system.  The compensation decision provided by Jurnal is final and binding, so that by receiving compensation from the Jurnal, the User guarantees that there are no bills, costs, claims, demands or other obligations that arise or may arise, which can be invoiced by the User to Jurnal in connection with matters regulated in this article.
  5. To the extent permitted by the applicable laws, there is no responsibility from Jurnal to Users (or people who claim rights derived from the rights of other parties) for any actual or anticipated loss of revenue, profit, contract or business (whether directly or indirectly, loss of data, and/or any incidental, indirect or consequential loss or loss, in any case arising under or in connection with this Terms and Condition, unlawful acts (including negligence), violation of statutory duties or others.

11. Termination of the Service

  1. Trial Policy
    When You first register to access the Service, You can evaluate the Service under the conditions for a predetermined trial period, with no obligation to continue using the Service. If You choose to continue using the Service after the trial period is over, You will begin to be billed from the same day You provide Your billing information. You can delete Your trial account.
  2. In the event that You end Your use of the Service before the end of the Active Period for any reason, all Subscription Fee that You have paid to Jurnal are non-refundable. In this regard, Users are also obliged to pay all Subscription Fee that have been set out in the Terms and Conditions or other separate documents in connection with the use of the Service, whether or not the Subscription Fee has been billed by Jurnal.
  3. These Terms and Conditions can be terminated by each party with notification to the other party at least 30 (thirty) calendar days prior to the end of the payment period concerned.
  4. If You violate any of these Terms and Conditions (including, but not limited to, not paying the Subscription Fee) and do not resolve the violation problem within 14 (fourteen) calendar days after receiving the notification of violation if the violation problem can be resolved, then Jurnal can terminate access to the Service that You and/or Invited User use.
  5. Termination of these Terms and Conditions does not reduce the rights and obligations of the parties that must be paid up to the date of termination. At the termination of these Terms and Conditions You will continue to bear accrued fees and amounts due for payment before or after termination, and immediately stop using Our Service and Website.
  6. With regard to the termination of the Jurnal Service provision cooperation between Us and You, the Parties agree to ignore the provisions contained in Article 1266 of the Civil Code, so that the Parties can automatically terminate the use of this Service without going through a judicial process.

12. Dispute Resolution

  1. This Terms and Conditions will be governed and interpreted in accordance with the laws of the Republic of Indonesia.
  2. All disputes arising between the Parties related to the implementation and interpretation of this Terms and Conditions will be resolved amicably, within 30 (thirty) days after the dispute is notified to the other Party.
  3. Before contacting another party directly to negotiate to resolve a problem or dispute, You agree not to publish, write or copy in any media that could put Jurnal in a detrimental state.
  4. If no consensus is reached as regulated in paragraph b of this Article, the Parties agree to resolve the dispute at the Indonesian National Arbitration Board located at Wahana Graha Fl. 1 & 2, Jl. Mampang Prapatan No. 2, Mampang-Jakarta.
  5. As long as the dispute is still in the process of being resolved, You are still obliged to carry out the respective obligations that must be fulfilled in accordance with these Terms and Conditions or other documents (as relevant).

13. Updates and Amendments to The Service or These Term and Conditions

  1. Jurnal services may change from time to time based on Jurnal policies, government decisions, technical changes to the system, and/or due to other reasons. Jurnal has the right to change these Terms and Conditions at any time, and takes effect when the new or revised Terms and Conditions are attached to the Jurnal Website. You are obliged to ensure that You have read, understood, and agreed to the latest Terms and Conditions available on Jurnal’s Website. By registering to use Jurnal’s Service, You declare that You have read, understood and agreed to these Terms and Conditions, and are deemed to have the authority to act on behalf of anyone who is registered to use Jurnal’s Service.
  2. You are obliged to agree to all the provisions stipulated in the Usage Agreement (if any), including provisions regarding Jurnal Service Subscription Fee, payment terms and other technical provisions as relevant. The Usage Agreement is a separate document but is an integral part of these Terms and Conditions. If there is a conflict or difference in interpretation between the Terms and Conditions and the Usage Agreement, the provisions in the Usage Agreement shall apply.

14. Miscellaneous

  1. These Terms and Conditions, together with Jurnal’s Privacy Policy and the provisions of any notices or instructions given to You under these Terms and Conditions supersede all prior agreements, representations (both oral and written), and understandings, and constitute the entire agreement between You and Jurnal related to the Service and other matters stated in these Terms and Conditions.
  2. If either party waives any breach of these Terms and Conditions, this will not release them from other infringement claims. A waiver is not effective unless made in writing.
  3. You cannot assign or transfer Your rights and obligations arising from these Terms and Conditions to another third party without written approval from Jurnal.
  4. Any notice given under these terms by one party to the other must be in writing via email and will be deemed given at the time of transmission. Notifications to Jurnal must be sent to halojurnal@mekari.com or to another email address notified to You by Jurnal. Notifications to You will be sent to the email address that You provide when creating Your access to Jurnal’s services.
  5. Jurnal Service may be interrupted by events beyond Our authority, beyond Our power or control, including but not limited to natural disasters, internet connection disruptions, power outages, telecommunications disruptions, government policies, and others (“Force Majeure“). You agree to release Jurnal from any claims and responsibilities, if Jurnal is unable to facilitate the service, including fulfilling the instructions You give through Jurnal’s application, website, and/or Account, either in part or in whole, for any reason due to Force Majeure
  6. The User understands and agrees that based on the sole discretion of Jurnal, Jurnal has the right to stop, revoke and/or refuse User’s or Invited User’s access to the Service, partially or completely and either temporarily or permanently, with/without prior notification, if it is suspected that following events has happened (i) the User does not fulfill the payment conditions as stipulated in these Terms and Conditions, (ii) there are indications of fraud, data theft, fraud, does not fulfill one or all of these Terms and Conditions, there is a violation of the applicable laws and regulations or other causes, so that therefore any losses arising from these actions are not the responsibility of Jurnal and Jurnal, in any case, is not obligated to provide any compensation to User or Invited User for this matter.

TERMS AND CONDITIONS OF
KLIKPAJAK PRODUCT USAGE

Last modified on: 2 October 2024

These terms and conditions (“Terms and Conditions”) cover the use of any products, websites and services available from Klikpajak as detailed below (“Service”). You agree to these Terms and Conditions by accessing or using the Service. These Terms and Conditions are an integral part of the Mekari Platform Terms of Use, Usage Agreement, Privacy Policy, and other terms as available on the Service from time to time.

These Terms and Conditions constitute the agreement or understanding between Us and You.

These Terms and Conditions may be changed or updated, in whole or in part, from time to time without prior notice to You and will take effect from the time they are uploaded to the Website, Site, or any other URL owned or managed by Klikpajak(“Site/Website”).

BY ACCESSING OR USING THE SERVICES OR DOWNLOADING ANY MATERIALS FROM THE WEBSITE, YOU AGREE TO AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT ELIGIBLE TO ACCESS OR USE OUR SERVICES AND WEBSITE, AND YOU MUST IMMEDIATELY STOP ACCESSING OR USING OUR SERVICES AND WEBSITE.

COMMUNICATION AND NOTIFICATIONS

By this, You agree to receive communications and notifications in any form, whether electronic or non-electronic, related to the Website and Service, including but not limited to marketing and promotional information regarding the Service. You acknowledge, understand, and agree that any communication sent by Us has met all legal requirements for written communication and the specific delivery methods stipulated in applicable laws and regulations.

 

1. Definition

Add-Ons” means additional services outside the Package that can be selected according to Your needs.

Account” means Your access rights to be able to use the Service.

You or “Your” or “Yours” means User or Invited User.

Subscription Fee” means the monthly fee (including tax) that You must pay according to the list of fees listed on Klikpajak’s Website.

Intellectual Property Rights” means patents, function models, simple patents or other similar rights, rights to inventions, copyrights and related rights, and other related rights, know-how, inventions and software code, moral rights, trademarks and service marks, business name, domain name, right to product and packaging design, right to sue for misleading branding or unfair competition, right to design, right to computer software, right to database, right to use and protect confidentiality of, confidential information (including technical skills and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to request and be granted, renewal or extension of, and rights to claim priority, all rights and all similar or equivalent rights or forms of protection exist or will exist now or in the future anywhere in the world.

Confidential Information” means all information related to business information from Klikpajak (or its affiliates) (including, but not limited to, product design, product planning, data, software and technology, financial information, marketing plans, cost information, vendor or user’s data and any other information that is confidential, non-public information, and proprietary rights relating to the business, operations, and assets belong to Klikpajak) that has been or will be provided to You or any of Your representatives by or on behalf of Klikpajak, together with all analysis , compilations, estimates, studies or other documents prepared by You or Your representatives containing any such information.

We” or “Us”, “Our”, or “Klikpajak” means PT Jurnal Consulting Indonesia.

The Parties” means both We and You collectively. However, individually, each is referred to as a “Party“.

Usage Agreement” means the usage agreement signed by the Parties and/or the subscription form signed separately by You, which details the specific terms regarding the use of the Service.

Privacy Policy” means the privacy policy available on https://klikpajak.id/kebijakan-privasi/ and/or other sites as enforced by Klikpajak as relevant.

Service” means the service of providing software as a service for accounting, financial and operational management provided by Klikpajak through the Website, mobile applications, and/or other platforms.

Active Period” means the duration of the active period of Your Klikpajak subscription Account that You have chosen and paid for.

Package” means every unit of modules and features in the Service that can be selected according to Your needs.

User” means any person, organization and/or other entity, who registers to use the Service.

Invited User” means other people, organizations and/or entities, other than User, who use the Service from time to time with permission and invitation from User.

Website” means the internet site at the domain https://klikpajak.id/ or other internet sites managed by Klikpajak and may be changed from time to time.

 

2. General Matters

  1. Klikpajak is a software as a service for data management for online-based tax purposes owned by PT Jurnal Consulting Indonesia which is established under the laws of the Republic of Indonesia.
  2. Klikpajak is a taxation application service provider (Penyedia Aplikasi Jasa Perpajakan/PJAP) appointed by the Directorate General of Taxes of the Ministry of Finance of the Republic of Indonesia based on the Decree of the Director General of Taxes No. KEP-545/PJ/2022 concerning the Appointment of PT Jurnal Consulting Indonesia as a Taxation Application Service Provider dated November 21, 2022.

 

3. Operational Hour For User’s Assistance

  1. Live Chat
    Available from 08.00 – 18.00 WIB, every Monday to Saturday. In the event that Live Chat is received outside the time specified above and/or the relevant day is a national holiday, the Klikpajak team will provide a response on the next working day and hour.
  2. Email
    Available from 08.00 – 18.00 WIB, every Monday to Saturday. In the event that the Email received outside the time specified above and/or the relevant day is a national holiday, the Klikpajak team will provide a response on the next working day and hour.

 

4. Terms of Service Use 

  1. By agreeing to these Terms and Conditions and having activated the Account according to the procedures determined by Us, then You can utilize the Service in accordance with the selected Package.
  2. The use of the Service is non-exclusive, non-sublicensable, non-transferable, and limited by and subject to the provisions of these Terms and Conditions.
  3. The User hereby represents and warrants that:
    1. You are entitled to use the Service in accordance with the applicable law in the Republic of Indonesia;
    2. You are legally capable and authorized to perform legal acts under the laws of the Republic of Indonesia, including to bind yourself to and implement all terms and conditions in these Terms and Conditions;
    3. Klikpajak collects personal information such as name, e-mail address, telephone number and Taxpayer Identification Number (Nomor Pokok Wajib Pajak/NPWP) upon Account registration. You are obliged to provide complete and accurate information in this process;
    4. You are responsible for maintaining the security and confidentiality of the Account by creating a password on the Account. Klikpajak is not liable for any loss or damage caused by Your non-compliance with this security obligation;
    5. It is the User’s responsibility to determine which party gets access as an Invited User and the type of role and rights they have to access, process, change, and/or reduce the Data that You have or display on Klikpajak Service. The User will guarantee and be fully responsible for granting access to the Invited Users in any condition, including in the event that the User chooses to make certain role customization in Klikpajak Account to the Invited Users. The User is also obligated to (i) ensure that the Invited Users understand their respective roles or capabilities in accessing or processing Data contained in the User Account and (ii) comply with the Privacy Policy imposed by Klikpajak from time to time. The User hereby releases Klikpajak for any losses and/or claims whatsoever that may arise from any violation or negligence of the User’s Klikpajak Account committed by any party, including Invited Users.
    6. You warrant not to use the Service for any illegal or unauthorized purpose. We reserve the right to prohibit You from further using the Service if You have violated the law and/or are not compatible with the purpose of the Service.
    7. By providing information to Us, You acknowledge that You have the right to provide information that We will use to improve the process on the Service. 
    8. You may not modify, obstruct, or interfere with Our Service, support networks, or networks either manually or through the use of scripts, worms, or viruses.

5. Your Obligations

  1. Payment Obligations
    1. The invoice is the total amount of Subscription Fee subscribed to Your Account according to the Service Package selected and the duration of the Active Period of Service usage. Additional Subscription Fee may be billed to You if You use Add-Ons beyond the features in the Package provided by Klikpajak.
    2. Klikpajak will invoice the Subscription Fee subscribed to Your Account before the Active Period starts (including the extension of the Active Period period) until You terminate the Service in accordance with the provisions in the “Service Termination and Termination” section.
    3. All invoices from Klikpajak will be sent to You through the billing contact that You have provided through the email registered on the Service.
    4. You must make payment according to the total amount of Your Account Subscription Fee stated on Your invoice before the due date for the invoice is passed.
    5. You have the responsibility for payment of all taxes and duties added to the Subscription Fee invoice. 
    6. Klikpajak reserves the right to suspend or freeze Your access to the Account if complete and correct payment of the invoice has not been made by You in accordance with the terms stipulated in the invoice.
    7. We will reactivate Your access to the Service after You have made payment of the Subscription Fee subject to the conditions set by Klikpajak.
  2. General Obligations
    You must ensure that You only use the Service and the Website for Your internal business needs that are correct and lawful, and in any case have obtained all the necessary approvals and permits to run Your business and in using the Service and Klikpajak’s Website.
  3. Access Terms
    You must ensure that all usernames and passwords required to access the Service are stored securely and confidentially. You must immediately notify Klikpajak about the use of Your password from unauthorized parties, or other security breaches, and Klikpajak will reset Your password, and You must take all other actions deemed necessary by Klikpajak to maintain or enhance the security of Klikpajak’s computer systems and networks and Your access to the Service.
    As a condition of these terms, when accessing and using the Service, You must:

    1. Not trying to weaken the security or integrity of Klikpajak’s computer system or network, and/or third party computer systems or networks, if a third party hosts the Service;
    2. Not use or abuse the Service in any way that may interfere with the ability of other users to use the Service or the Website;
    3. Not try to gain unauthorized access to any material other than what has been clearly stated that You have obtained permission to access it, or to access Our computer system where the service is hosted;
    4. Not sending, or entering into the Website, any files that can damage other people’s computer equipment or software, offensive materials, or material or Data (as defined below) that violates any law (including data or other material that is protected by copyright or trade secret which You do not have the right to use);
    5. Not try to modify, copy, imitate, disassemble, or reverse engineer any computer program used to provide the Service, or to use the Website other than what is required and intended.
  4. Communication Terms
    As a condition of these Terms and Conditions, if You use any means of communication available through the Website (such as any forum or chat room), You agree to use these means of communication only for lawful purposes. You may not use these communication tools to post or distribute any material that is not related to the use of the Service, including but not limited to, offering goods and services for sale, unsolicited or unwanted commercial e-mail, files that can damage the device or other people’s computers or software, materials that may insult other user of the Service or Websites, or material that violates any law (including material that is protected by copyright or trade secrets where You do not have the right to use it). When You make communications of any kind on the Website, You warrant that You are permitted to make such communications. Klikpajak is under no obligation to ensure that communications on the Website are legitimate and correct, or that they are related only to the use of the Service. Klikpajak has the right to delete any communication at any time at Klikpajak’s discretion.

 

6. Terms of Account Activation, Implementation and Training for The Use of Klikpajak

  1. The Active Period of Your subscription shall be (i) 30 calendar days from the date payment is received by Klikpajak or (ii) another date if agreed in advance between You and Us.
  2. In the event that You agree with Us a certain date for Your Active Period as referred to in paragraph a above and You conduct an Implementation process (as defined below), then the start date of Your Active Period is calculated from the date the Implementation process is conducted.
  3. We will provide You with implementation services in the form of data preparation process, setup, and input of Your data into Klikpajak Service system (“Implementation”) and training on the use of the Service free of charge as part of Your first purchase of Klikpajak Service.
  4. Implementation and training on the use of the Service as mentioned in paragraph b above can be done for a maximum of 3 (three) months from the date of the first payment made by the User. If beyond the period of 3 (three) months You have not conducted the free implementation and training, then You may conduct the training and implementation with Us at an additional cost.
  5. These Terms and Conditions will automatically reapply for renewal periods for a period as specified later, as long as You continue to pay the specified Subscription Fee when due.

 

7. User Representations, Warranties, and Acknowledgments

  1. You warrant that, if You are registering to use the Service on behalf of another person, You have the authority to agree to these Terms and Conditions on that person’s behalf, and agree that by registering to use the Service, You bind the person on whose behalf You are acting to, or with the intention of, taking action on their behalf to any of the obligations to which You have agreed in these Terms and Conditions, without limiting Your own obligations to their terms.
  2. You acknowledge that:
    1. You are authorized to use the Service and the Website, and to access any information and data that You input into the Website, including any information or data input into the Website by anyone You have authorized to use the Service. You are also authorized to access information and data that has been processed, which is provided to You through Your use of the Website and Our Service (whether the information and Data is Your own or belongs to others).
    2. Klikpajak is not responsible to anyone other than You, and there is no intention whatsoever in these Terms and Conditions to benefit anyone other than You. If You use the Service or access the Website on behalf of or for the benefit of someone other than You (whether or not an incorporated organization, or otherwise), You agree that:
      • You are responsible for ensuring that You have the right to do so;
      • You are responsible for authorizing anyone to whom You provide access to information or Data, and You agree that Klikpajak has no responsibility to provide anyone access to such information or Data without Your authorization; and
      • You release Klikpajak from any claim or loss related to Klikpajak’s refusal to provide access to anyone to Your information or Data in accordance with these Terms and Conditions, the provision of information or Data by Klikpajak to anyone based on Your authorization.
    3. The provision of, access to, and use of the Service is provided as is and at Your own risk.
    4. Klikpajak does not guarantee that the use of the Service will be uninterrupted or error-free. Among other things, the operation and availability of systems used to access the Service, including public telephone services, computer networks and the internet, can be difficult to predict and may from time to time interfere with or prevent access to the Service. Klikpajak shall in no way be liable (whether materially or immaterially) for any such interruption, or prevention of access to the use of the Service.
    5. Klikpajak is not Your tax consultant and the use of the Service does not constitute acceptance of tax consultation. If there are any questions related to tax matters, please contact a tax consultant.
    6. To determine that Our Service meet Your business needs and can be used in accordance with the purpose is Your sole responsibility.
    7. You remain responsible for complying with all applicable accounting, taxation and other laws. It is Your responsibility to check that the storage of and access to Your Data through the Service and the Website remains compliant with the laws applicable to You (including any laws that require You to keep records).

 

8. Confidentiality and Privacy

  1. Confidentiality
    You promise to maintain the confidentiality of all Confidential Information in connection with the use of the Service. You will not, without Klikpajak’s written consent, disclose or provide Confidential Information to anyone, or use it for Your own interests, other than as contemplated by these Terms and Conditions. Your obligations regarding this provision shall survive the termination of these Terms and Conditions.
    The provisions of this article do not apply to information that:

    1. Has become public knowledge other than by reason of a breach of this provision;
    2. Is received from a third party who lawfully obtained it, and has no obligation to restrict its disclosure; and/or
    3. Developed in-house without access to Confidential Information.
  2. Privacy
    Klikpajak has and maintains a privacy policy that explains and sets out the parties’ obligations to respect personal information. You are advised to read and understand Our privacy policy available on https://klikpajak.id/kebijakan-privasi, and/or other sites as enforced by Klikpajak as relevant.

 

9. Intellectual Property Rights and Data Security

  1. Ownership and all Intellectual Property Rights obtained on the Service, Website, and any documentation related to the Service remain the property of Klikpajak. 
  2. For all information and data obtained by Klikpajak from You in accessing and using the Service (hereinafter referred to as “Data”), You give valid consent to Klikpajak to:
    1. obtain, access, and store Data entered by Users into the Website in order to access and use the Service optimally;
    2. use Data that is not identified as personal data based on applicable laws and regulations, to optimize the Service, help Klikpajak to know how Users use the Service, view and assess the effectiveness of the Service, find and solve problems contained in the Service, and develop the Service for the benefit of Users;
    3. delete any Data uploaded by the User that is contrary to these Terms and Conditions and applicable laws; and
    4. send announcements on the Service, administrative messages, and other information to Users related to the use of the Service.
  3. You are strongly advised to keep a copy of all Data that You input into the Service. Klikpajak adheres to policies and undergoes best procedures to prevent data loss, including daily system routines for Data back-up, but does not make any guarantee that Data loss will never occur. Klikpajak expressly excludes liability for any loss of Data for any reason.
  4. Klikpajak may use and display Your company logo and name for commercial and marketing purposes, both online and offline media used by Klikpajak. Such actions will be carried out reasonably and in good faith without the purpose of misusing Your company’s logo and name.

 

10 Limitation of Liability and Indemnity

  1. Klikpajak will not be liable for any losses, claims, expenses, damages, liabilities or costs arising out of:
    1. Violation by You of these Terms and Conditions;
    2. Use of the Service by You that is not in accordance with these Terms and Conditions, not in accordance with the provisions of laws and regulations and other provisions that We set;  
    3. If there is any defect or damage caused by You due to any modification or add-on to the Service made without approval from Klikpajak; and/or
    4. You integrate the Service with other software that causes the Service to experience interference.
  2. If the User (and/or its affiliated company using the Service (as relevant)) suffers actual loss when using the Service during the Active Period which has been proven to be caused by direct fault or negligence by Klikpajak, then the User may apply for compensation to Klikpajak.
  3. In any event, the limit of compensation that may be provided by Klikpajak in relation to the loss suffered by the User as referred to in paragraph b above is a maximum of Klikpajak Subscription Fee paid by the User to Klikpajak (excluding applicable taxes) subject to the following requirements:
    1. The User is required to submit a request for compensation to Klikpajak no later than 30 (thirty) calendar days since the loss occurs or since the User becomes aware of the loss incurred by the User, whichever occurs first;
    2. if the User uses the Service together with other affiliates of the User and the actual loss is only experienced by certain affiliates of the User, then Klikpajak will only indemnify the User at a maximum of Klikpajak Subscription Fee that have been paid as relevant for the relevant affiliates; and
    3. the compensation paid by Klikpajak is limited to the Klikpajak Subscription Fee paid for the User’s (and/or its related affiliates’) ongoing Active Period. However, if the User’s Active Period runs more than 12 (twelve) months, then the calculation of compensation will be limited to a maximum of 12 (twelve) months.
  4. Klikpajak will determine the amount of compensation that will be paid to You based on internal checks conducted through Klikpajak’s system. The compensation decision given by Klikpajak is final and binding, so that by accepting the offset from Klikpajak, the User warrants that there are no bills, costs, claims, demands or other obligations whatsoever arising or may arise, which may be charged by the User to Klikpajak in connection with the matters set forth in this article.
  5. To the fullest extent permitted by applicable law, Klikpajak shall not be liable to the User (or any person claiming rights derived from the rights of another party) for any actual or anticipated loss of revenue, profit, contract or business (whether direct or indirect, loss of data, and/or any loss or damage of any nature incidental, indirect or consequential, in any case arising under or in connection with this Agreement, tort (including negligence), breach of statutory duty or otherwise.

 

11. Termination of The Service

  1. Trial Policy
    When You first register to access the Service, You may evaluate the Service on terms for a predetermined trial period, with no obligation to continue using the Service. If You choose to continue using the Service after the trial period is over, You will begin to be billed from the same day that You provide information for Your billing. You may delete Your trial account.
  2. In the event that You terminate the use of the Service before the end of the Active Period for any reason, any Subscription Fee paid by the First Party to the Second Party are non-refundable. In this case, the User is also obliged to pay all Subscription Fee set forth in these Terms and Conditions or other separate documents in connection with the use of the Service, whether or not the Subscription Fee have been billed by Us.
  3. These Terms and Conditions may be terminated by either party upon notice to the other party at least 30 (thirty) calendar days prior to the end of the relevant payment period.
  4. If You breach any of these Terms and Conditions (including, but not limited to, not paying any Subscription Fee) and do not resolve the breach issue within 14 (fourteen) calendar days after receiving notice of such breach if the breach issue can be resolved, then Klikpajak may terminate access to the Service that You and/or the Invited Users use.
  5. Termination of these Terms and Conditions shall not prejudice the rights and obligations of the parties accrued up to the date of termination. On termination of these Terms and Conditions You will continue to bear the accrued fees and amounts due for payment before or after termination, and immediately stop using Our Service and Website.
  6. With regard to the termination of cooperation in providing Klikpajak Service between Us and You, the Parties agree to ignore the provisions contained in Article 1266 of the Civil Code, so that the Parties can automatically terminate these Terms and Conditions without going through a judicial process.  

 

12. Penyelesaian Perselisihan

  1. These Terms and Conditions are governed and interpreted under the laws of the Republic of Indonesia.
  2. All disputes arising between the Parties in connection with the implementation or interpretation of these Terms and Conditions will be resolved by deliberation and consensus, within 30 days of the dispute being informed to the other Party.
  3. Before contacting the other Party directly to negotiate a settlement of the problem or dispute, the Parties agree not to announce, make writings in online or print media related to the dispute that can put the other Party in a corner.
  4. If no agreement is reached within the period set forth in paragraph b of this Article, then the Parties agree to settle the dispute at the Indonesian National Arbitration Board located at Wahana Graha Lt. 1 & 2, Jl. Mampang Prapatan No. 2, Mampang-Jakarta.
  5. While the dispute is still in the process of being resolved, the Parties remain obligated to perform their respective obligations that must be fulfilled in accordance with these Terms and Conditions and/or the Usage Agreement (as relevant).

 

13. Updates and Changes to the Service or these Terms and Conditions

  1. Klikpajak Service may change from time to time based on Klikpajak’s policies, government decisions, technical changes of the system, and/or for other reasons. Klikpajak reserves the right to change these Terms and Conditions at any time, and shall come into effect at the time the new or revised Terms and Conditions are posted on Klikpajak’s Website. You are obliged to ensure that You have read, understood, and agreed to the latest Terms and Conditions available on Klikpajak Website. By registering to use Klikpajak services, You represent that You have read, understood, and agreed to these Terms and Conditions, and are deemed to have the authority to act on behalf of anyone registered to use Our Service.
  2. You are obliged to comply with all provisions stipulated in the Usage Agreement (if any), including provisions regarding Klikpajak Service usage fee, payment terms, and other technical provisions as relevant. The Usage Agreement is a separate document but constitutes an integral part of these Terms and Conditions. If there is any conflict or difference in interpretation between the Terms and Conditions and the Usage Agreement, the provisions in the Usage Agreement shall prevail.

 

14. Miscellaneous

  1. These Terms and Conditions, together with Klikpajak’s Privacy Policy and the provisions of any notices or instructions given to You under these Terms and Conditions supersede and extinguish all prior agreements, representations (whether oral or written), and understandings, and constitute the entire agreement between You and Klikpajak relating to the Service and other matters discussed in these Terms and Conditions.
  2. If either party waives any claim of any breach of these Terms and Conditions, this will not waive them from any other claim of breach. Waivers are not effective unless made in writing.
  3. You may not assign or transfer Your rights and obligations arising from these Terms and Conditions to any other third party without Klikpajak’s written consent.
  4. Any notice given under these terms by one party to the other shall be in writing by email and shall be deemed to have been given at the time of transmission. Notices to Klikpajak shall be sent to klikpajak@mekari.com or support@klikpajak.id or to any other email address notified to You by Klikpajak. Notices to You will be sent to the email address You provided when establishing Your access to Our Service.
  5. Klikpajak Service may be interrupted by events beyond Our authority, beyond Our power or beyond Our control, including but not limited to natural disasters, internet connection interruptions, power interruptions, telecommunication interruptions, government policies, and others (“Force Majeure”). You agree to release Us from any claims and responsibilities, if We are unable to facilitate the Service, including fulfilling the instructions You provide through Klikpajak, Website, and/or Account, either partially or wholly, due to a cause by Force Majeure.
  6. The User understands and agrees that based on Klikpajak’s sole discretion, Klikpajak has the right to terminate, revoke and/or deny the User’s or Invited User’s access to the Service, in part or in whole and either temporarily or permanently, with/without prior notice, if the following is suspected to occur (i) the User does not fulfill the payment terms as stipulated in these Terms and Conditions, (ii) there are indications of fraud, data theft, fraud, non-compliance with one or all of these Terms and Conditions, violation of applicable laws and regulations or other causes, so that therefore any losses arising from such actions are not the responsibility of Klikpajak and Klikpajak in any case is not obliged to provide any compensation to the User or Invited User for this matter.

MEKARI FLEX PRODUCT TERMS OF USE

Modified on: September 13, 2024

PLEASE READ THESE MEKARI FLEX PRODUCT TERMS OF USE CAREFULLY.

Welcome to the Mekari Flex platform, a Product (as defined below) owned and managed by PT Cipta Fasilitas Satu (“CFS”)  or its related Affiliation. These Mekari Flex Product Terms of Use (hereinafter referred to as the “Terms of Use”) is an agreement between You (“User”) and CFS (individually as the “Party” and collectively as “The Parties”), which governs Your access to and use of the product website application and services provided by us and/or our Affiliation (hereinafter referred to as the “Product”). These Terms of Use regulate  the use of the Product by CFS, which is offered based on existing and applicable business licenses or in cooperation with relevant Partners. This Terms of Use consist of, and should be read in conjunction with, the following documents:

  • Mekari Platform Terms of Use;
  • Product Use Agreement / Subscription Form (hereinafter referred to as “Agreement”);
  • Privacy Notice.

By accessing and using the Product, creating an Account (as defined below), or using the Product (as defined below), You acknowledge that You have read, understood, accepted, and agreed to these Terms of Use, and accordingly, You agree to be legally bound by the Terms of Use and other related documents as mentioned above. If You do not agree to these Terms of Use, please refrain from accessing and using the Product.

This Product is intended for use by (i) individuals who are at least 18 (eighteen) years old and have the legal capacity to become a party in a binding agreement; (ii) business entities and/or legal entities represented by an official representative and have the legal capacity to become a party in a binding agreement; (iii) it cannot be used by individuals, business entities, or legal entities whose use may potentially be considered or already unlawful. If You meet these qualifications, You are permitted to use the Product.

These Terms of Use may be amended, modified, added or updated in part or in whole from time to time by CFS. By continuing to access or use the Product, You agree to these Terms of Use as amended.

GENERAL TERMS AND CONDITIONS OF PRODUCT USAGE

1. Definition

Admin” means an authorized representative appointed by the User to operate and manage the Dashboard on behalf of the User. By appointing an Admin, the User signifies their acceptance of all applicable terms of use.

Affiliation” means any entity that directly or indirectly controls, is controlled by, or is under common control with a Party to these Terms of Use.

Service Fee” means the amount of service or administration fee earned by CFS for each Transaction on Product used by the User or Employee, the amount of which will be determined and may change from time to time according to the notice in the Product.

Data” means any data, information and documents submitted by User to CFS or obtained by CFS in the event that User is accessing and using the Product for the purposes of implementing Veficication  and these Terms of Use.

“Dashboard” means a website or web application used to monitor log usage of the Product, Deposit balance, every Transaction made by User or Employee, and other relevant features which may be changed by CFS from time to time during the term of these Terms of Use.

“Deposit” means the amount of funds that is deposited (top-up) by the User to CFS through an account provided by CFS or its Partner, which will be used as a source of funds for completing Transactions for specific Product as outlined in these Terms of Use.

Force Majeure” means that includes but is not limited to earthquakes, whirlwinds, landslides, floods, fires, pandemic explosions, natural disasters, wars, riots, terrorism, power struggles, sabotage, embargoes, mass strikes, drastic political/economic changes, corroborated or not by statements from the competent authorities thereof, and the promulgation of new laws and regulations that directly or indirectly affect the implementation of these Terms of Use.

Salary” means the wages of Employee received from the User in accordance with their employment agreement, as well as Law of the Republic of Indonesia No. 13 of 2003 concerning Manpower (as last amended by Law of the Republic of Indonesia No. 6 of 2023 concerning on Job Creation) and its implementing regulations, as may be amended from time to time.

Calendar Days” means all days in a calendar year starting from Monday to Sunday, including public holidays and/or joint holidays determined by the Government of the Republic of Indonesia.

Business Days” means days other than Saturday, Sunday, and national official holidays, on which the bank conducts its business activities and conducts clearing activities in accordance with Bank Indonesia regulations.

Employee” means an employee, worker, laborer or partner of the User who is bound by a valid employment or partnership agreement and meets the requirements that is determined by CFS’s sole discretion to use the Product.

“Terms of Use” means the applicable terms and conditions that regulate a User’s or Employee’s use of Product, including any application, website, content, product and service provided by CFS, its Affiliation, and/or Partner.

“Partner” means any third party working with CFS to implement and facilitate these Terms of Use, including but not limited to businesses or legal entities providing goods or services related to financial services or payment gateway, and supervised by the Financial Services Authority and Bank Indonesia.

“Product” means the benefit and allowance management services for Employee contained in the digital application or platform called Mekari Flex, owned and operated by CFS and its Affiliation, including (i) Flexible Benefit, (ii) Flex Installment, and/or (ii) Earned Wage Access or Accessible Salary (“EWA”), as well as other products and/or services that may be added, modified, or changed from time to time by CFS and as agreed by the Parties under these Terms of Use.

“Transaction” means any activity or action involving buying, selling, borrowing, lending, top-up, and/or instructions for sending/paying, which is requested, performed, and completed by the User or Employee through the use of the Product.

“Verification” means a process involving a series of steps undertaken to allow User to utilize and/or obtain the Product. These steps include the identification of the User, verification or evaluation of the Employee, monitoring of Transaction, and reporting any suspicious Transaction, which shall be carried out by CFS or its Affiliation.

2. Scope of Work

  1. The User hereby appoints CFS to provide the Product (as relevant) to their registered Employee, and CFS hereby accept such appointment, pursuant to the rights, obligations, and responsibilities as mentioned in these Terms of Use.
  2. The User understands and acknowledges that Product can be addressed and be used to its registered Employee, and the User hereby acknowledges, represents and warrants that agree and will be responsible for all actions taken, including the Transaction carried out by each Employee for the use of Product. In the event that the context determines to do so, then the references to User will include the Employee, and vice versa.
  3. The Parties agree that nothing in these Terms of Use shall create or enforce any employment relationship whatsoever, including between CFS and the Employee, or transfer the employment relationship of the Employee from the User to CFS. The User shall remain solely responsible for the employment relationship between the User and the Employee.

3. General Policy of Product Usage

  1. CFS must provide the Product to User pursuant to the agreement of the Parties as set forth in these Terms of Use and other relevant documents acknowledged and agreed upon by the Parties, including the list of Product to be used, Usage Fee, Service Fee, and other matters that need to be commercially agreed upon by the Parties. The provision of Products as outlined in this provisions may be changed from time to time, with prior notification from CFS to User or Employee. This notification may occur through Product, electronic mail (e-mail), and/or other media determined at CFS’s discretion.
  2. CFS, in its sole discretion or as required by the Partner, is entitled to:
    1. Receive Data from/and or relating to User and Employee in connection with the implementation of Verification, which will be carried out by CFS in accordance with applicable laws, regulations, and the policies of CFS, its Affiliation, ang Partner.
    2. determine the method of use, payment, deposit, balance usage limit or Transaction limit of any Product by User or Employee;
    3. impose a Service Fee on Transactions for each Product along with penalty for any failure or delay in repayment for use of the Product;
    4. set the usage limit or Transaction limit that can be used by Employee, either with or without approval from the User;
    5. return of balance or Transaction limits that can be used by Employee.
  3. CFS will activate the Product to be used after the User and related Employee meet the requirements as set forth and may be changed by CFS from time to time, as follows:
    1. the User must register, verify and submit the Data in connection with the implementation of Verification, whether relating to the User or Employee, to CFS;
    2. the User agree to (i) inform and ensure the Employee’s understanding of the Product; and (ii) have obtained the consent from all owners of the personal data related to Employee’s Data in connection with the acquisition, storage, use, processing, control, disclosure, transfer and/or transmission of such Data by any Party in connection with the implementation of these Terms of Use;
    3. the User is required to appoint an Admin in connection with the activation and use of the Dashboard, who have sufficient and full capacity. The User shall not cancel these Terms of Use on the grounds that these Terms of Use is invalid because they are not represented by a valid representative.
  4. The User is required to verify and reconfirm all Employee who wish to be registered, along with the Data provided to CFS, particularly the personal data of registered Employee to use Product. The User hereby declares that they have obtained the necessary consent and appoints and authorizes CFS to implement the required Verification for Employee to fulfill the obligations of this provision.
  5. In connection with the use of the Product, the User shall have the right to:
    1. determine the number of Employee and which Employee may use the Product;
    2. terminate the use of the Product and any Transaction made by Employee;
    3. Issue instructions and set objectives for CFS to process Data provided by the User or Employee, including requesting the return of Data.
  6. The User is fully responsible for all actions taken by the appointed Admin in managing the Dashboard.
  7. If Deposit is required in connection with the use of a specific Product under these Terms of Use, the User shall deposit the required amount to CFS through a transfer or remittance to the account provided by CFS. The User hereby acknowledges and agrees that Transactions cannot be processed if the Deposit is insufficient or has not been made by the User.
  8. In the event that the Terms of Use or the Agreement governing the Parties’ cooperation is terminated or expired prior to the end of the Term, the User shall be entitled to request a refund of any remaining Deposit to an account provided by the User, without prejudice to any rights or interests that CFS may have or acquire under applicable laws, regulations, the Agreement, and/or the Terms of Use.
  9. CFS has the right to restrict, withhold, reject, or terminate any request from the User or Employee for a Transaction, if the User fails to comply with the requirements, the provided Data does not comply with the requirements set by CFS, and/or its Partner, and/or there is a misuse of the Product in violation of applicable laws, regulations, the Agreement, and/or the Terms of Use.
  10. Any taxes arising out of or in connection with these Terms of Use and its implementation are the responsibility of each Party in accordance with the applicable tax laws and regulations. Each Party undertakes to assist the other Party in reasonable manner for the compliance of applicable tax laws and regulations from time to time in connection with the implementation of these Terms of Use.

4. Implementation Terms of Product Usage

  1. The User hereby agrees to use the Product provided by CFS in accordance with the terms and conditions set forth in these Terms of Use. For the avoidance of doubt, (i) the User shall bear full responsibility for all consequences and liabilities arising from or in connection with the use of the Product and any Transactions conducted using the Product, whether by the User or its Employee; and (ii) CFS shall not be involved in the management of the User’s internal company policies between the User and its Employee.
  2. The Parties acknowledge and agree that in the implementation of these Terms of Use, CFS may be assisted by and cooperated with CFS’s Affiliation or Partner. For the avoidance of doubt, CFS’s Affiliation or Partner may conduct marketing, Verification, credit assessment, explanation, collection or other action permitted by the applicable laws and regulations in connection with these Terms of Use.
  3. CFS, along with its Partner, must provide a consumer complaint service, in cooperation with the User, to Employee, with the provision that the User may forward consumer complaints from Employee if the Transaction status for the Product is stated as successful but the benefits have not been received by the Employee, by including data, information, and documents as required by CFS and/or its Partner.
  4. CFS and/or its Partner has the right to:
    1. conduct Transaction for any Product, either with or without integrating the User’s information or electronic systems;
    2. create, add, or remove features or services within the Dashboard or Product that enable User or Employee to utilize the Product in accordance with the purpose of these Terms of Use;
    3. monitor all access, activity, and product usage by User, as well as Transaction conducted by User or Employee, to ensure User compliance with these Terms of Use or to meet any applicable laws, regulations, court orders, or other authorized authority directives;
    4. send content related to the latest information, including necessary education, to User or Employee regarding the use of the Product through the Dashboard or other media designated by CFS;
    5. deactivate the Product if there are no Transactions for 60 (sixty) consecutive Calendar Days by the User or Employee.
  5. CFS, its Affiliation or Partner, will send report of Product usage via Dashboard or other media determined by CFS, including all Transaction conducted by all Employee, and provide the necessary invoices in relation to the use of the Product, and the User must pay based on the value stated in the invoice by way transfer or book transfer or other methods determined by CFS based on these Terms of Use.
  6. The Parties agree and acknowledge that the Transaction data, including but not limited to data regarding the type and number of Product that Employee have made Transactions with, will refer to the data that are controlled or maintained by CFS, except in the event of an actual error or omission by CFS as can be proven by the User. In the event of any discrepancy between the Parties or discrepancies regarding the Transaction data, the amount of payment or certain fees in connection with the execution hereof, the Parties will promptly and in good faith discuss and reconcile in order to seek resolution of such matters.
  7. The User must ensure and be responsible for the fulfillment of all payment obligations arising from the usage of the Product based on the invoice received from CFS, including (i) any outstanding or unpaid Service Fee incurred by the User or Employee; (ii) any Transaction made on the Product by the Employee under any circumstances, such as where the employment relationship between the User and the Employee has terminated but the Employee can still use the Product because the User has failed to (a) independently deactivate the Employee through the Dashboard, or (b) notify CFS of the change in the Employee’s status within the timeframe specified in these Terms of Use; (iii) late payment penalties; (iv) fees for adding services or features at the User’s request within the Product; and (v) other related fees.
  8. CFS is entitled to collect directly or indirectly, either independently or through each Partner, to the User and/or Employee for any failure or delay in payment for use and Transaction on Product by Employee of User, including late fines and fees incurred. arising from the billing. The User hereby acknowledge that CFS has the right to collect before the due date in the event of the following:
    1. The User is determined to be in a state of suspension of debt payment obligations or bankruptcy by the competent court;
    2. The User because or in any way have lost the right to manage their property, assets or wealth; and/or
    3. The User’s property, assets or wealth, whether in whole or in part, has been or will be confiscated by any authorized party.
  9. CFS and/or its Partner have the right to (i) terminate, revoke and/or deny access to the Product temporarily or permanently, in part or in a whole, with/without prior notice; (ii) issue a warning letter to the User; (iii) immediately terminate these Terms of Use or the Agreement; (iv) report or notify the relevant authorities; (v) conduct inspections, investigations, or inquiries, either with or without the involvement of independent third party and/or law enforcement agencies; (vi) file a lawsuit or take any other legal action available under applicable law and regulations if the following occurs:
    1. The User has failed to comply with the payment terms as mentioned in these Terms of Use;
    2. There is any indication of fraud, data theft or hacking, deception, money laundering or terrorist financing;
    3. Failure to fulfill any or all of these Terms of Use, including where any representations and warranties made by the User is untrue, inaccurate, or misleading and/or
    4. There is violation of the terms of these Terms of Use and/or applicable laws and regulations or any other cause, therefore any loss arising from such actions is not the responsibility of CFS.
  10. The User is prohibited from, and shall ensure that every Employee also obey and comply with the following restrictions:
    1. commit any act or attempt to hack, or intentionally and without rights, or unlawfully, or without the prior written consent of CFS to perform any act or attempt that may alter, add, subtract, transmit, damage, eliminate, move, or hide any electronic information in connection with the system, device, and/or Product network in any way, or send anything that may interfere with or hinder the performance of system, device, and/or Product network; and/or
    2. use or attempt to use system, device, and/or Product network for any purpose other than for the purposes referred hereto.

5. Representations, Warranties and Prohibition

  1. The User hereby represents and warrants that:
    1. It is a legal entity or business entity which establish under the law of Republic of Indonesia and has a full authority to implement these Terms of Use;
    2. The person who agrees and/or signs these Terms of Use and other documents which are derivatives and/or supplements to the Terms of Use (as relevant) is a person who entitled and authorized to represent their party according to the articles of association or acting based on a valid power of attorney;
    3. It has all legal consent and authority from the personal data owner (Employee) to be processed in carrying out the agreement as regulated in these Terms of Use;
    4. It has a good and sufficient financial capacity to make payments (i) its obligations to CFS based on these Terms of Use, and (ii) Salary to Employee on the specified date without any delays or obstacles;
    5. It releases and discharges CFS from any disputes, lawsuits, demands and/or compensation submitted by Employee in connection with the use of Product by such Employee;
    6. all data, information and documents created or submitted in writing in connection with these Terms of Use are complete, precise, correct and in accordance with actual conditions;
    7. all Employee who are registered and given access to the Product are legitimate employees; and/or
    8. there are no ongoing lawsuits, actions or lawsuits that could materially affect the ability to carry out its obligations under these Terms of Use and/or affect their validity.
  2. During the Term and as long as the User using the Product, the User prohibited to:
    1. Sublicense, rent, lend, or distribute Product to the other party for any purpose, including to obtain any profit;
    2. Falsify the data, information or documents regarding to the registered User or Employee;
    3. Make use of the Product or take action related to the Product other than as expressly permitted in accordance with these Terms of Use;
    4. copy, translate, disassemble, decompile or reverse engineer the Product including creating or attempting to create a source password for the Product password; and/or
    5. make modifications or add-ons to the Product without prior written approval from CFS.
  3. In the event that there is a violation of the provisions of paragraph 1 or paragraph 2 above, whether intentional or not, CFS has the right to terminate the agreement before the end of the Term.

6. Limitation of Liability and Indemnification

  1. CFS provides the Product on an “as is” and “as available” basis without warranty of any kind. To the fullest extent permitted by applicable law, CFS disclaims any and all other warranties (express, implied or otherwise), including implied warranties of merchantability, non-infringement or fitness for a particular purpose.
  2. The User shall be solely responsible for the use of the Product and all legal consequences arising therefrom. If there is a violation of Product, whether intentional or unintentional, including but not limited to loss, misuse, fraud, things, actions and/or other purposes that are unlawful or related to criminal acts or violations of applicable laws and regulations, committed by the User and/or Employee. The User hereby releases and discharges CFS from all demands, claims, losses arising from violations regulated in this point.
  3. CFS shall not be liable for any losses, claims, expenses, damages, liabilities or costs arising from:
    1. User’s violation of any provision in these Terms of Use;
    2. use of Product by unauthorized Employee, Admin, parties, officers or people and/or unauthorized access by User;
    3. misuse of Product by Employee, Admin, party, officers and/or User representatives that is unlawful or related to criminal acts or violations of these Terms of use or applicable laws and regulations;
    4. use of Product that is not carried out in accordance with the provisions in these Terms of Use or other technical provisions that apply to User, including but not limited to the existing User guidelines that apply to User; and/or
    5. errors or omissions in the provision of services from Partner or any third parties in connection with the implementation of these Terms of Use.
  4. In the event that there is a direct loss suffered by the User in the use of the Product which has been proven to be caused by CFS’s error or negligence in implementing these Terms Of Use, CFS will provide compensation for the User’s claims, demands and/or lawsuits against CFS with a maximum amount of the Service Fees paid by the User excluding any taxes during the Term as mentioned in these Terms of Use.
  5. To maximum extent permitted by applicable law, no Party shall be liable to the other Party (or any third party claiming rights derived from the rights of other) for any actual or anticipated loss of revenue, profits, contracts or business (whether direct or indirect), loss of data, and/or any incidental, indirect or consequential loss or damage, in any event arising based on or in connection with these Terms of Use, whether by contract, unlawful act (including negligence), violation of duties under law or otherwise.

7. Confidentiality

  1. Any and all information related to the party who provides the confidential information (“Disclosing Party”), either directly or indirectly provided by the Disclosing Party to the recipient of confidential information (“Receiving Party”) in connection with the implementation of these Terms of Use is considered confidential (“Confidential Information”), but not including the information that are:
    1. Already known by the Receiving Party on the date of Confidential Information disclosed by the Disclosing Party and was not obtained or originated from the Disclosing Party, affiliated company or through other parties who has confidentiality obligations;
    2. On the disclosing date, the Confidential Information has been known by public or become part of the public;
    3. Obtained by the Receiving Party itself from the third party who is entitled to disclose such Confidential Information at the time it is requested by the Receiving Party; or
    4. Has been developed by the Receiving Party prior to the disclosure date of the Confidential Information.
  2. Disclosure and utilization of the Confidential Information by the Receiving Party can only be carried out for the purpose of the Product usage and the Confidential Information that is restricted to be disclosed in front of the public and/or any third party without prior written approval by the Disclosing Party. Confidential Information shall not be allowed to be used for the benefit of the Receiving Party itself or which may harm the Disclosing Party and must be carried out in accordance with these Terms of Use and applicable laws in Indonesia.
  3. If the Confidential Information must be disclosed due to the applicable provisions or by the order or decision of the authorized government, the disclosure of the Confidential Information must be informed to the Disclosing Party as soon as possible.
  4. This article regarding Confidentiality will remain in effect continuously even if these Terms of Use expire or are terminated.

8. Data Security

  1. The User provides a valid consent to CFS to:
    1. obtain, access, and store the Data as entered by the User to the Product in order to optimally access and use the Product;
    2. collect Data consist of personal data from and about the User, including but not limited to names, company names, e-mail addresses, telephone numbers and other personal data when the User accesses and uses the features available in the Product;
    3. use the Data that is not identified as personal to optimize the Product, help CFS to know how the User uses the Product, to observe and assess the effectiveness of the Product, find and resolve issues in the Product, and develop Product for the benefit of the User;
    4. delete all Data uploaded by the User that is contradict with these Terms of Use and applicable laws;
    5. based on the permission of the User through portal user consent to provide Data to Partner if necessary to accommodate the requirements of the Product usage; and
    6. deliver the service announcements, administrative messages, and other information to the User related to the Product usage.
  2. As long as CFS obtains Data from the User when the User creates an account and uses all the features contained in the Product in connection with the implementation of these Terms of Use, the User hereby agrees and gives consent to CFS to process the Data exclusively for the purpose of implementing these Terms of Use.
  3. CFS shall take all reasonable measures in accordance with applicable laws to maintain the confidentiality of all Data and Confidential Information obtained by CFS from the User.
  4. All Data and Confidential Information obtained by CFS from the User shall not be disclosed to the Partner or the other third party, unless permitted by the User and CFS shall not be held liable for the usage of such Data and Confidential Information by such third party.
  5. In the event of obtaining, processing/usage, storage, dissemination, and destruction of the personal data of the User, CFS shall always be in compliance with the provision and regulation stipulated in the applicable laws and regulations with regards to the protection of personal data.
  6. By signing these Terms of Use and providing any approval regarding the use of Product, including the implementation of Verification by CFS, both User and Employee shall be bound to comply with the terms and conditions and privacy policies imposed by CFS, its Partner and Affiliation, and are willing to provide consent for the processing of personal data by third parties which collaborates with CFS for the purpose of implementing these Terms of Use.

9. Intellectual Property Rights

  1. The Product that is used by the User shall constitute as the product that is created, developed and managed by CFS. By using the Product, the User granted limited license, non-exclusive, non-transferable, and time-limited license in accordance with the Term herein. Granting by CFS to use the Product and such license shall not transfer any intellectual property rights or other inherent rights attached to Product owned by CFS to the User.
  2. No intellectual property rights or licenses of any kind, including those relating to Confidential Information, are hereby or otherwise granted or transferred, either directly or indirectly, under any copyright, patent or other right of the Party to another Party.

10. Applicable Law and Dispute Resolution

  1. These Terms of Use shall be governed and interpreted in accordance with the laws of the Republic of Indonesia.
  2. Any and all disputes, controversies, or claim arising out of or in connection with these Terms of Use, including disputes concerning the existence, validity, breach, termination, or enforcement (collectively referred to as “Disputes”), shall be first settled amicably by the Parties within a period of 30 (thirty) Calendar Days from the date a Dispute is notified by one Party to the other Party. If no agreement is reached within the stipulated period, then the Parties agree to submit the Dispute to the Jakarta Central District Court.

11. Force Majeure

  1. The Party experienced Force Majeure must notify in writing to the other Party at the latest 5 (five) Business Days and shall use its best effort to restore its ability within the shortest time possible and keep the other Party informed regarding its plan to anticipate and mitigate the effects caused by the Force Majeure.
  2. If the Force Majeure event prevents or delays the performance of the provisions of these Terms of Use for 30 (thirty) Calendar Days, the Parties must communicate to anticipate and mitigate the effects caused by such event. If a consensus is reached, then the implementation of these Terms of Use may be postponed, modified or terminated by a written agreement between the Parties, provided that all rights and obligations of each Party that arises prior to the occurrence of the Force Majeure, are still mandatory to be performed by each Party.
  3. If these Terms of Use cannot be performed due to a Force Majeure, all consequences arising from the non-performance of these Terms of Use shall be the responsibility of each Party and a Party cannot file a claim against the other Party for the non-performance of the Terms of Use and the Party whom affected by Force Majeure shall not be deemed has violated or breached these Terms of Use. Each Party affected by the Force Majeure event must give a written report to the other Party on its inability to fulfill the obligations set out in these Terms of Use as a result of the above matters.

12. Correspondence

  1. Every notification, invoice and other communication based on or in connection with these Terms of Use must be made in writing, and delivered in person, including by courier, or sent by registered post or sent by electronic mail (e-mail) to the respective addresses of each Party.
  2. Every notification, invoice and other communications shall be deemed to deliver properly:
    1. on the date of delivery, in the case of sending it in person or via courier, as evidenced by the recipient’s signature on the letter carrier book or a receipt issued by the sender;
    2. 3 (three) Business Days after being sent to registered post, in the case it is done by registered post, as evidenced by a registered post delivery receipt;
    3. on the sending date, in the case of via electronic mail, as evidenced by the sent status and the absence of notification of failure to receive.
  3. In the event of a change in the above address or the last address recorded by each Party, the change must be notified in writing to the other Party no later than 5 (five) Business Days before the change in address in question takes effect. If the change of address is not notified, then the notification, billing or other communication based on these Terms of Use is deemed to have been given properly by sending it to the above address or the last address recorded with the other Party.

13. Duration and Termination

  1. These Terms of Use are effective for the period as written on the document, form, agreement signed by the Parties, or as long as the User using the Product, unless there is a written notification from one Party to the other Party not to extend the use of Product (“Term”).
  2. CFS, at its sole discretion, may unilaterally terminate these Terms of Use by submitting a sufficient written notice to the User.
  3. In the event that the User wishes to terminate these Terms of Use and quit using Product before the Term ends, then:
    1. The User is required to notify CFS in writing no later than 30 (thirty) Calendar Days before the desired date;
    2. The User is obliged to pay the fees, including Service Fees, which arise according to these Terms of Use in full; And
    3. CFS is not obliged to return costs incurred due to the implementation of these Terms of Use which have been paid by the User to CFS.
  4. Termination of these Terms of Use by the User will not eliminate the obligations that must be fulfilled by each Party that have not been carried out, unless otherwise agreed in writing by the Parties.
  5. The Parties agree to waive the application of Article 1266 of the Civil Code, so that termination may be effected without the need for a court order or decision

14. Miscellaneous

  1. All attachments agreed upon by the Parties are  incorporated into these Terms of Use and form an integral part thereof, and shall have no independent legal effect without these Terms of Use.
  2. Any matter that has not been determined or agreed upon by the Parties in these Terms of Use will be determined at a later date through deliberation to reach consensus. Changes or additions agreed upon by the Parties must be made in writing and binding on the Parties in the form of an addendum or amendment. Once the addendum is signed, the addendum will be interpreted as one and the same document as these Terms of Use.
  3. No delay nor negligence of any Party to implement or enforce at any time any rights or provisions in these Terms of Use that will be deemed as the waiver against it, unless expressly in writing.
  4. If any provision or part of a provision of these Terms of Use are invalid, void, unenforceable or illegal due to any applicable law, the invalidity of such provision shall not annul all the requirements and provisions under these Terms of Use. The Parties agree that the remaining provisions of these Terms of Use shall continue in full force and effect and the Parties will endeavor to amend any invalid, void, unenforceable or illegal provision to be in accordance with the applicable laws in Indonesia.
  5. Either Party is unable to transfer the rights and obligations arising from the implementation of these Terms of Use to the third party without written consent of the other Party.
  6. These Terms of Use contain the consensus between the Parties and replace all consensus and agreement related to the content of these Terms of Use, and all written and verbal consensus between the Parties in connection with the matters that have been agreed in these Terms of Use.
  7. Titles, bold, and underline of certain terms in these Terms of Use are merely intended to emphasize the words and shall not affect the definition of such words.
  8. These Terms of Use may be translated into languages other than Indonesian. However, in the event of any discrepancy between the Indonesian version and any translation, the Indonesian version shall prevail. The User is advised to refer to the Indonesian version for all purposes.
  9. These Terms of Use constitute a legally binding electronic agreement that takes effect when the User or Employee clicks on the “register” or “login” button within the Product. The User may not assign its  rights under this agreement without prior written consent from CFS. However, CFS may assign its rights to a third party without prior notice.

SPECIFIC TERMS AND CONDITIONS OF PRODUCT USAGE

1. EWA Service

  1. The maximum limit of EWA Service given by CFS is IDR 5,000,000 (five million Rupiah) (“EWA Service Limit”). The User may decide the EWA Service Limit which will be (i) agreed in advance by CFS, and (ii) given to each Employee which in any condition shall not exceed the EWA Service Limit.
  2. The Service Fee for EWA Service usage, depending on the used amount of EWA Service Limit, will be determined at CFS’s sole discretion.
  3. The usage period of EWA Service (cut-off) aligns with the Employee’s salary payment period.
  4. The maximum usage limit of the EWA Services is (i) 50% (fifty percent) of each Employee’s Salary or (ii) up to the maximum EWA Service Limit.
  5. CFS or its Partner will send the invoice and EWA Service usage reports to the User. The User must repay the EWA Service that has been used according to the due date specified on the invoice.
  6. The User must pay the EWA late payment penalty of 0.1% (zero point one percent) per day of late payment of the total unpaid bill.
  7. The User acknowledges and understands that EWA late payment penalty will continue to increase until the User pays all their obligation to CFS.
  8. The EWA can be reused after the User makes a complete and full payment.
  9. The EWA Service Limit and its Service Fee will and always refer to the terms that are set by CFS as per the information through Product and/or other communication media that are set by CFS from time to time. CFS will inform the User of any changes to EWA Service Limit and Service Fee. Therefore, the User understands and acknowledges that the EWA Service Limit and Service Fee are subject to change, thus the User agrees that the changes will be effective in accordance with the date to be notified in the future and the applicable version is the last version received by the User.

2. Flex Installment Service

  1. The Employee who wishes to use the Flex Installment Service must (i) activate the account first, (ii) agree to the terms and conditions, and (iii) submit the Data that is required for Verification purposes by CFS or Partner. CFS or Partner has the rights to request additional Data if the result of the submitted Data verification and assessment are not appropriate or complete.
  2. CFS or any relevant Partner reserves the right, in its sole discretion, to determine the approval or rejection of an Employee’s application for the Flex Installment usage.
  3. Any Employee whose application is approved, and wishes to use the Flex Installment facility must sign a funding agreement with the Partner within the procedures that is determined by the Partner which might be assisted by CFS.
  4. CFS or the Partner will inform the limit of Flex Installment for each of the Employee whose the application is approved and have applied for the facility, which is maximum of 2 (two) times of his or her Salary (“Flex Installment Service Limit”).
  5. The Service Fee for any Transaction of Flex Installment Service is as stipulated in the Product.
  6. CFS or its Partner will send the Employee usage statement of Flex Installment Service along with the invoice to the User via email for the loan funds repayment pursuant to these Terms of Use or by Employee in accordance with the loan agreement that applies to them.
  7. The User or the Employee must pay a late payment penalty for the fund loans repayment from Flex Installment of 0.1% (zero point one percent) per day of late payment of the total unpaid bill.
  8. Flex Installment Service Limit and its Service Fee will and always refer to the terms that are set by Partner and/or CFS as per the information through Product and/or other communication media that are set by CFS from time to time. CFS will inform the User of any changes to Flex Installment Service Limit and Service Fee. Therefore, the User understands and acknowledges that Flex Installment Service Limit and Service Fee are subject to change, thus User agrees that the changes will be effective in accordance with the date to be notified in the future and the applicable version is the last version received by the User.

3. Flex Benefit Service

  1. The User must top up the Deposit to the virtual account provided by CFS in terms of using Flex Benefit Service.
  2. The Employee can carry out Transactions on Flex Benefit Service by using the Deposit, in accordance with the policies that are set by the User.
  3. The User hereby understands and agrees in the event that the Deposit has not been or is not made by the User or the amount of Deposit from User is insufficient to settle the Transaction on the Flex Benefit Service, then such Transaction can not be carried out accordingly.
  4. The Employee will be given a usage or Transaction limit for every month, in accordance with the policies and settings that are determined by the User (if specifically stipulated).
  5. In the event that these Terms of Use are terminated in case of the User is no longer using the Mekari Flex Product, specifically Flex Benefit Service, the User (i) may continue to use the remaining Deposit to carry out Transaction until expire, and (ii) must pay any outstanding, without limitation to any other right and/or interest that is owned or probably owned by CFS under the applicable laws and regulations or any other article of these Terms of Use.

4. Operational Agreement

  1. Employee Status Change
    The User must inform CFS for every changes of the status and number of Employee with the following terms:

    1. Salary Changes: no later than 1 (one) Working Days before the changes become effective.
    2. Addition or reduction of Employee numbers: no later than 1 (one) Working Days before the addition or reduction become effective.
    3. Termination of the Employee’s employment status: within 30 (thirty) calendar days before the effective date of resignation or no later than the date of the Employee submits his resignation.

    In the event that the User does not follow these terms, CFS will process the Transaction with the previous effective data and CFS is not responsible for any impact thereby.

  2. Operational Time
    The operational time of Transaction is as set forth on Product. If there is a system maintenance at a certain operational time, the Transaction will be processed after the maintenance is complete.

By clicking “Agree” on these Terms of Use page, You acknowledge that You have read, understood and agreed to be bound by all the terms and conditions set forth in these Terms of Use.

MEKARI EXPENSE PRODUCT TERMS OF USE

Modified on: September 13, 2024

PLEASE READ THESE MEKARI FLEX PRODUCT TERMS OF USE CAREFULLY.

Welcome to the Mekari Expense platform, a Product (as defined below) owned and managed by PT Cipta Fasilitas Satu (“CFS”) or its related Affiliates. These Mekari Expense Product Terms of Use (hereinafter referred to as the “Terms of Use”) is an agreement between You (“User”) and CFS (individually referred to as the “Party” and collectively referred to as the “Parties”), which governs your access to and use of the applications, websites, products and services provided by Us and/or Our Affiliates (hereinafter referred to as the “Product”). These Terms of Use regulate the use of the Product (as defined below) by You and the provision of the Product by CFS provided based on existing and applicable business licenses or in collaboration with relevant Partners. These Terms of Use consist of and must be read as an integral part of the following documents:

  • Mekari Platform Terms of Use;
  • Product Usage Agreement/Subscription Form (hereinafter referred to as “Agreement”); and
  • Privacy Notice.

By accessing and using the Product, creating an Account (as defined below) or using the Product (as defined below), You acknowledge that You have read, understood, accepted, and agreed to these Terms of Use, and therefore You have agreed to be legally bound by the Terms of Use and other documents related to these Terms of Use as stated above. If You do not agree to these Terms of Use, please do not access and use this Product.

This Product is intended for use by (i)  individuals who are at least 18 (eighteen) years old and have the legal capacity to be a party that can be bound in a binding agreement; (ii) business entities and/or legal entities represented by authorized representatives and have the legal capacity to be a party to a binding agreement; and/or (iii) it cannot be used by individuals, business entities or legal entities that may make its use potentially, considered or already violate the law. If You have met these qualifications, You are permitted to access or use the Product.

These Terms of Use may be amended, modified, added or updated in whole or in part from time to time by CFS. By continuing to access or use the Product, You are deemed to have agreed to these Terms of Use and all changes.

 

GENERAL TERMS AND CONDITIONS OF PRODUCT USAGE

1. Definition

Admin” is an Employee who is an official or representative and is appointed by the User to represent the User, who has read and agreed to the Terms of Use related to the use of the Dashboard.

Affiliate” is any entity that directly or indirectly controls, is controlled by, or is under the same control as the Party in these Terms of Use.
Service Fee” is an amount of service fee obtained by CFS for each Transaction on the Product used by the User or Employee, the amount of which will be determined and may change from time to time according to the notification in the Product.

Usage Fee” is an amount of fee charged by CFS to the User for the use of the Product, which will be billed monthly according to the number of Employee registered by the User.

Data” is all data, information and documents submitted by the User to CFS, or obtained by CFS in the event that the User accesses and uses the Product for the purpose of implementing Verification and these Terms of Use.

Dashboard” is a site or browser to monitor Product usage logs, Deposit balances, any Transactions made by User or Employee, and other relevant features that may be changed by CFS from time to time during the term of these Terms of Use.

Deposit” is an amount of funds deposited (top-up) by the User to CFS through an account provided by CFS or Partners that will be used as a source of funds in settling Transactions for certain Products according to these Terms of Use.

Force Majeure” includes but is not limited to earthquakes, whirlwinds, landslides, floods, fires, pandemic explosions, natural disasters, wars, riots, terrorism, power struggles, sabotage, embargoes, mass strikes, drastic political/economic changes, whether or not confirmed by statements from the authorities in that case, and the enactment of new laws and regulations that directly or indirectly affect the implementation of these Terms of Use.

Calendar Day” means all days in one calendar year starting from Monday to Sunday, including national holidays and/or joint leave determined by the Government of the Republic of Indonesia.

Business Day” means a day other than Saturday, Sunday, and official national holidays, on which the bank conducts its business activities and organizes clearing activities in accordance with the provisions of Bank Indonesia.

Employee” means an employee, worker, laborer or partner who is registered by the User himself and is bound by a valid work agreement or partnership and meets the requirements determined by the sole discretion of CFS to use the Product.

Terms of Use” means the terms and conditions that apply and are relevant to each User or Employee in connection with the use of the Product for applications, sites, content, products and services provided by CFS, Affiliates and/or Partners.

Partner” means a third party who cooperates with CFS who can help CFS to implement and accommodate these Terms of Use, including but not limited to business entities or legal entities that provide goods or services related to financial services or payment systems and are supervised by the Financial Services Authority or Bank Indonesia.

Product” means a company operational cost management service contained in an application or digital platform called Mekari Expense which is owned and managed by CFS and its Affiliates, including (i) My Claims, (ii) My Business Trips, (iii) Bills, (iv) VCN Facilities, (v) International Transfer, (vi) Accounts, and/or (vii) Mekari Stream, as well as other products and/or services that may be added, modified, or changed from time to time by CFS and as agreed by the Parties according to these Terms of Use.

Transaction” means any activity or activity in the form of buying and selling, borrowing and lending, top-up activities, and/or delivery/payment instructions, which are requested, carried out and completed by User or Employee when using the Product.

Verification” means a series of actions carried out so that User can use and/or receive the Product, including the process of identifying, verifying or assessing Employee, monitoring Transaction activities, and including reporting activities for suspicious Transactions, which will be carried out by CFS or its Affiliates.

2. Scope of Work

  1. The User hereby appoints CFS to provide the Product (as relevant) to each Employee registered by him/her, and CFS hereby accepts such appointment, subject to the terms and conditions of these Terms of Use.
  2. The User understands and acknowledges that the Product is intended for, and used by, each registered Employee, and the User hereby acknowledges, represents and warrants that he/she agrees and will always be responsible for all actions, including all Transactions carried out by each Employee on the use of the Product. Where the context so requires, references to the User shall also include the Employee, and vice versa.
  3. The Parties agree that nothing in these Terms of Use shall create or enforce any form of employment relationship, including between CFS and the Employee or transfer the employment relationship of the Employee from the User to CFS. The User is the sole Party responsible for the employment relationship between the User and the Employee.

3. General Policy of Product Usage

  1. CFS is required to provide Products to User based on the agreement of the Parties as stated in these Terms of Use and other relevant documents acknowledged and agreed by the Parties, including a list of Products to be used, Usage Fees, Service Fees, and other matters that need to be agreed upon commercially by the Parties. The provision of Products as referred to in these provisions may be changed from time to time with prior notice from CFS to User or Employee, including through Products, electronic mail (e-mail), and/or other media determined from time to time by CFS at its sole discretion.
  2. CFS, at its sole discretion or as required by the Partner, has the right to:
    1. receive Data from and/or relating to User and Employee in connection with the implementation of Verification to be carried out by CFS in accordance with applicable laws and regulations and policies of CFS, its Affiliates and Partners;
    2. determine the method or method of use, payment, deposit, balance usage limit or Transaction limit for each Product by User or Employee; charge a Usage Fee for the use of the Product by the User and a Service Fee for Transactions for each Product by the Employee, along with a fine for any failure or delay in payment arising therefrom;
    3. limits on the use of balances or Transaction limits that can be used by Employee, either with or without the consent of the User;
    4. refunds of balances or Transaction limits that can be used by Employee.
  3. CFS will activate the Product for use by the User and related Employee after the User and/or Employee have fulfilled the terms and conditions set and may be changed by CFS from time to time, as follows:
    1. The User has registered and submitted Data in connection with the implementation of Verification, both related to the User and the Employee, to CFS;
    2. The User promises to (i) notify and ensure the Employee’s understanding of the Product; and (ii) has obtained the consent of all owners of personal data related to the Employee’s Data in connection with the acquisition, storage, use, processing, control, disclosure, transfer and/or delivery of such Data by each Party in connection with the implementation of these Terms of Use;
    3. The User is required to appoint an Admin in connection with the activation and use of the Dashboard that has sufficient and full capacity, provided that the User will not cancel these Terms of Use on the grounds that these Terms of Use are invalid because they are not represented by their authorized representative.
  4. The User is required to verify and reconfirm all Employee who wish to be registered along with all Data provided to CFS, especially those related to personal data of registered Employee to use the Product. The User hereby declare that they have obtained approval therefore and appoint and authorize CFS to implement the necessary Verification to Employee as fulfillment of the obligations of this provision.
  5. In connection with the use of the Product, User hereby have the right to:
    1. determine the number of Employee and which Employee can use the Product;
    2. cancel the use of the Product and Transactions carried out by Employee;
    3. give orders and set goals to CFS to process Data provided by them or by Employee, including requesting the return of Data.
  6. The User is fully responsible for all actions taken by the appointed Admin in terms of managing the Dashboard.
  7. The User is required to deposit Deposits to CFS by making transfers to the account specified and provided by CFS. User hereby understand and agree that Transactions cannot be made if the Deposit is insufficient, or is not made by the User.
  8. In the event that the Terms of Use or Agreement underlying the cooperation of the Parties ends or is terminated before the end of the Term, then the User has the right to request a refund of the Deposit that has been deposited and is still remaining in the account specified by the User, without limiting the rights and/or interests owned or may be owned by CFS to take certain actions based on applicable laws and regulations, Agreement and/or Terms of Use.
  9. CFS has the right to limit, withhold, reject or terminate a User or Employee’s request for a Transaction, if the User is unwilling to provide all the requested requirements, the Data submitted does not comply with the requirements set by CFS and/or Partners, and/or there is use of the Product that is not in accordance with applicable laws and regulations, Agreement and/or Terms of Use.
  10. Any taxes arising from or in connection with these Terms of Use and their implementation are the responsibility of each Party in accordance with applicable tax laws or regulations. Each Party undertakes to do everything reasonably necessary to assist the other Party in connection with compliance with applicable tax laws or regulations from time to time in connection with the implementation of these Terms of Use.

4. Implementation Terms of Product Usage

  1. The User hereby agrees to use the Product provided by CFS in accordance with the terms and conditions in these Terms of Use, including the Terms of Use which are deemed to be included in, and are an integral part of, these Terms of Use. For the avoidance of doubt, (i) all consequences and obligations arising from or in connection with the use of the Product and Transactions on the Product by both the User and the Employee are the sole responsibility of the User; and (ii) CFS is not involved in the management of the User’s internal company policies between the User and the Employee.
  2. The Parties acknowledge and agree that in implementing these Terms of Use, CFS may be assisted by and cooperate with Affiliates of CFS or Partners. For the avoidance of doubt, Affiliates of CFS or Partners may conduct marketing, Verification, credit assessment, explanation, billing or other actions permitted by applicable laws and regulations in connection with the implementation of these Terms of Use.
  3. CFS together with Partners are required to provide consumer complaint services, in collaboration with User, to Employee with the provision that User can only forward consumer complaints from Employee if the Transaction status for the Product is stated to have been successful but the benefits have not been received by the Employee, by including data, information and documents required by CFS and/or Partners.
  4. CFS and/or Partners have the right to:
    1. conduct Transactions for each Product either with or without integrating information or electronic systems owned by User;
    2. create, add or reduce features or services in the Dashboard or Product that allow User or Employee to use the Product in accordance with the purpose of implementing these Terms of Use:
    3. monitor every access, activity, use of the Product by User, and Transactions on the Product carried out by User or Employee to ensure User compliance with these Terms of Use or to fulfill the provisions of applicable laws and regulations or even court orders or other authorized authorities;
    4. send content related to the latest information, including education required to User or Employee in connection with the use of the Product through the Dashboard or other media determined by CFS;
    5. deactivate the Product in the event that there are no Transactions for 60 (sixty) consecutive Calendar Days by the User or Employee.
  5. CFS, its Affiliates or Partners will send a report on Product usage via the Dashboard or other media determined by CFS, including all Transactions made by all Employee, and provide the necessary invoices in connection with the use of the Product, and the User is required to make payment according to the value stated in the invoice by transfer or other methods determined by CFS based on these Terms of Use.
  6. The Parties agree and acknowledge that Transaction data, including but not limited to data on the type and number of Products used and all Transactions conducted by Employee, will refer to data controlled or managed by CFS, except in the case of a clear error or negligence by CFS as can be proven by the User. In the event of any differences of opinion between the Parties or discrepancies regarding Transaction data, the amount of payment or certain costs in connection with the implementation of these Terms of Use, the Parties will immediately and in good faith discuss and reconcile in order to find a resolution to these matters.
  7. The User is required to pay, ensure payment for and be responsible for fulfilling all payment obligations arising from the use of the Product based on the invoices received by them from CFS, including (i) Usage Fees; (ii) Service Fees that have not been settled or paid by the User or Employee; (iii) any Transactions on the Product by Employee under any conditions such as the employment relationship between the User and the Employee has ended, but the Employee can still use the Product because the User fails to (a) independently deactivate the Employee via the Dashboard, or (b) notify CFS of changes in Employee status in accordance with the time period specified in these Terms of Use; (iv) fines for late payment; (v) additional service or feature fees upon request from the User in the Product; and (vi) other related costs.
  8. CFS has the right to collect directly or indirectly, either independently or through any Partner, from the User and/or Employee for any failure or delay in payment for the use and Transactions of the Product by the Employee from the User, including late fines and costs arising from such collection. The User hereby acknowledges that CFS has the right to collect before the due date in the event of the following:
    1. The User is determined to be in a state of suspension of debt payment obligations or bankruptcy by the competent court;
    2. The User because or in any way has lost the right to manage his/her property, assets or wealth; and/or
    3. the property, assets or wealth of the User, either in part or in whole, has been or will be confiscated by any authorized party.
  9. CFS and/or Partners have the right to (i) stop, revoke and/or deny access to the Product temporarily or permanently, in part or in whole, with/without prior notice; (ii) provide or deliver a warning letter to the User; (ii) terminate the Terms of Use or Agreement immediately and promptly; (iv) submit a report or notification to the competent authority; (v) conduct an examination, investigation or investigation either by involving or in collaboration with an independent third party and/or law enforcement officers; (vi) file a claim or lawsuit and take every legal remedy available under applicable laws and regulations, if the following are suspected:
    1. The User does not fulfill the payment provisions as stipulated in these Terms of Use;
    2. there are indications of fraud, data theft or hacking, fraud, money laundering, terrorism financing;
    3. does not fulfill one or all of these Terms of Use, including statements or guarantees provided by the User as stated in these Terms of Use are incorrect, incomplete or misleading; and/or
    4. there is a violation of the provisions of these Terms of Use and/or applicable laws and regulations or other reasons, so that therefore any losses arising from these actions are not the responsibility of CFS.
  10. The User is prohibited from, and must ensure that each Employee also complies with and complies with the following prohibitions:
    1. carrying out hacking actions or attempts, or intentionally and without rights, or unlawfully, or without prior written consent from CFS carrying out any actions or attempts that may change, add, reduce, transmit, damage, remove, move, or hide electronic information in connection with the system, device, and/or network on the Product in any way, or sending anything that may disrupt or hinder the performance of the system, device, and/or network of the Product; and/or
    2. using or attempting to use the system, device, and/or network of the Product for any purpose other than for the purposes as referred to in these Terms of Use.

5. Representations, Warranties, and Prohibitions

  1. The User hereby declares and warrants that:
    1. it is a legal entity or business entity established under the laws of the Republic of Indonesia and has full authority to implement these Terms of Use;
    2. the person who signs and/or agrees to the Terms of Use and other documents that are derivatives and/or supplements to these Terms of Use (as relevant) is a person who has the right and authority to act on behalf of his party in accordance with its articles of association or to act based on a valid power of attorney;
    3. it has all the approvals and valid authority from the owner of the personal data (Employee) to be processed in implementing the agreement as stipulated in these Terms of Use;
    4. the funds used in the context of Transactions on Products and/or fees charged and enforced based on these Terms of Use are legitimate sources of funds, and are not funds originating from money laundering, funding of terrorism activities, gambling, corruption, illegal logging, and other criminal acts that violate applicable laws and regulations or constitute a violation of the interests of any party;
    5. it releases and discharges CFS from any disputes, lawsuits, demands and/or compensation filed by Employee from User in connection with the use of the Product by such Employee; all Data created or submitted in writing in connection with these Terms of Use are complete, accurate, true and in accordance with the actual circumstances;
    6. All Data, whether created or provided in writing in connection with this Agreement, shall be complete, accurate, true, and correct
    7. all Employee registered and given access to the Product are legitimate Employee; and/or
    8. there are no lawsuits, actions or legal claims that are ongoing and can materially affect the ability to carry out its obligations under these Terms of Use and/or affect its validity.
  2. During the Term and as long as the User uses the Product, the User is prohibited from:
    1. sublicensing, renting, lending, or distributing the Product to other parties for any purpose, including to obtain any benefit;
    2. falsifying data, information or documents regarding either the User or the Employee registered;
    3. using the Product or taking actions related to the Product other than as expressly permitted in accordance with these Terms of Use;
    4. copying, translating, disassembling, parsing, or reverse engineering the Product including creating or attempting to create a source code from the Product code; and/or
    5. making modifications or add-ons to the Product without prior written consent from CFS.
  3. In the event of a violation of the provisions of paragraph 1 or paragraph 2 above, whether intentional or not, CFS has the right to terminate the agreement before the end of the Term.

6. Limitation of Liability and Indemnification

  1. CFS provides the Product on an “as is” and “as available” basis without warranty of any kind. To the extent permitted by applicable law, CFS disclaims any and all other warranties (express, implied or otherwise), including implied warranties of merchantability, non-infringement or fitness for a particular purpose.
  2. The User is hereby fully responsible for the use of the Product and all legal consequences arising therefrom. If there is a violation of the Product whether intentionally or unintentionally, including but not limited to loss, misuse, fraud, other things, actions and/or purposes that are unlawful or related to criminal acts or violations of applicable laws and regulations, carried out by the User and/or Employee. The User hereby releases and discharges CFS from all demands, claims, losses arising from violations set forth in the provisions of this article.
  3. CFS is not responsible for any losses, claims, expenses, damages, liabilities, or costs arising from:
    1. the User’s violation of the provisions of these Terms of Use;
    2. use of the Product by Employee, Admins, parties, officials, representatives or unauthorized persons and/or given access by the User in an unauthorized manner;
    3. misuse of the Product by Employee, Admins, parties, officials and/or representatives of the User that is unlawful or related to criminal acts or violations of these Terms of Use or applicable laws and regulations;
    4. use of the Product that is not carried out in accordance with the provisions of these Terms of Use or other technical provisions applicable to the User, including but not limited to the User guide that exists and applies to the User;
    5. errors or negligence in the provision of services from Partners or any third party in connection with the implementation of these Terms of Use.
  4. In the event of any direct loss suffered by the User in the use of the Product that has been proven to be caused by CFS’s error or negligence in implementing these Terms of Use, CFS will provide compensation for claims, demands and/or lawsuits by the User to CFS with a maximum amount of the Usage Fee that has been paid by the User excluding tax in the Term period in accordance with these Terms of Use.
  5. To the extent permitted by applicable law, neither Party shall be liable to the other Party (or any person claiming rights arising from the other Party’s rights) for any actual or anticipated loss of revenue, profits, contracts or business (whether direct or indirect), loss of data, and/or any incidental, indirect or consequential loss or damage, howsoever arising under or in connection with these Terms of Use, whether in contract, tort (including negligence), breach of duty under applicable laws and regulations.

7. Confidentiality

  1. Any and all information relating to the party providing confidential information (“Disclosing Party“), whether directly or indirectly provided by the Disclosing Party to the recipient of confidential information (“Receiving Party“) in connection with the implementation of these Terms of Use is considered confidential (“Confidential Information“), but does not include the following information:
    1. already known by the Receiving Party on the date of disclosure of the Confidential Information by the Disclosing Party and not obtained or originating from one of the Parties, Affiliates or through another party that has a confidentiality obligation;
    2. on the date of disclosure, the Confidential Information is already in the public domain or becomes part of the public domain;
    3. obtained by the Receiving Party itself from a third party that has the right to disclose the Confidential Information in question when requested by the Receiving Party;
    4. has been developed by the Receiving Party before the date of disclosure of the Confidential Information.
  2. Disclosure and utilization of Confidential Information by the Receiving Party may only be made for the benefit of using the Product, and Confidential Information is not permitted to be utilized for the benefit of the Receiving Party itself or that may harm the Disclosing Party and must be implemented in accordance with these Terms of Use and applicable laws in Indonesia.
  3. If Confidential Information must be disclosed due to provisions under applicable law or by order or decision of the competent government, the disclosure of Confidential Information must be informed to the Disclosing Party as soon as possible.
  4. This Confidentiality Article will continue to apply even though the Terms of Use and/or Agreement expire or are terminated.

8. Data Security

  1. The User grants valid consent to CFS to:
    1. obtain, access, and store Data entered by the User into the Product in order to optimally access and use the Product;
    2. collect and receive Data, either directly or indirectly, in the form of personal data of Employee from Employee, including but not limited to names, company names, email addresses, telephone numbers, and other personal data when the User accesses and uses the Product;
    3. use Data that is not identified as personal data to optimize the Product, help CFS to find out how User use the Product, view and assess the effectiveness of the Product, find and resolve problems in the Product, and develop the Product for the benefit of the User;
    4. delete any Data uploaded by the User that is contrary to the Terms of Use and applicable laws and regulations;
    5. with the permission of the User through the User consent portal, provide Data to Partners if necessary to accommodate the needs of using the Product; and
    6. send service announcements, administrative messages, and other information to the User related to the use of the Product.
  2. As long as CFS obtains Data from User when User creates an account and uses all features contained in the Product in connection with the implementation of these Terms of Use, then User hereby agrees and gives consent to CFS to process such Data exclusively for the purpose of implementing these Terms of Use.
  3. CFS will take all reasonable steps in accordance with applicable laws to maintain the confidentiality of all Data and Confidential Information obtained by CFS from User.
  4. All Data and Confidential Information obtained by CFS from User will not be disclosed to Partners or other third parties, unless authorized by the User, and CFS is not responsible for the use of Data and Confidential Information by such third parties.
  5. In terms of obtaining, processing, using, storing, disseminating, and destroying Data from User or Employee, CFS will always comply with the provisions and regulations stipulated in applicable laws and regulations regarding the protection of personal data.
  6. By signing and/or agreeing to these Terms of Use and granting any consent in connection with the use of the Product, including the implementation of Verification by CFS, both by the User and each Employee, the User and Employee will be bound to comply with and comply with all terms of use, terms and conditions and privacy policies imposed by CFS, its Partners and Affiliates and are willing to provide consent for the processing of personal data to third parties who cooperate with CFS for the purpose of implementing these Terms of Use.

9. Intellectual Property Rights

  1. The Products used by the User are Products created, developed and managed by CFS. By using the Product, the User is granted a limited, non-exclusive, non-transferable license and has a certain time limit according to the Term. Granting access by CFS to use the Product and granting such license will not transfer intellectual property rights or other rights inherent in the Product owned by CFS to the User.
  2. There are no intellectual property rights or licenses of any kind, including those relating to Confidential Information, which are hereby or in any other manner granted or transferred, either directly or indirectly, based on copyright, patents or any other rights from one Party to another Party.

10. Governing Law and Dispute Resolution

  1. These Terms of Use are governed by the laws of the Republic of Indonesia.
  2. Any and all disputes, controversies, or conflicts arising from or in connection with these Terms of Use including disputes regarding the existence, conclusion, validity, violation, change, expiration and termination (collectively referred to as “Disputes”), shall first be resolved through deliberation to reach a consensus by the Parties within a period of 30 (thirty) Calendar Days since the Dispute is informed by one Party to the other Party. If no agreement is reached within the specified period, then the Parties agree to resolve the Dispute in the Central Jakarta District Court.

11. Force Majeure

  1. The Party who is experiencing Force Majeure will notify the other Party in writing no later than 5 (five) Business Days and will make every effort to restore its capabilities within the shortest possible time and always notify the other Party of the plans it will take to anticipate and reduce the consequences caused by the Force Majeure.
  2. If the Force Majeure situation continues to cause obstacles and/or delays in implementing the provisions of the Terms of Use for 30 (thirty) Calendar Days, then the Parties will communicate to anticipate and reduce the problems arising from the incident. If a solution is found, the implementation of the Terms of Use can be postponed and modified or terminated by a written agreement between the Parties, with the provision that all rights and obligations of each Party that arose before the occurrence of the Force Majeure situation must still be implemented by each Party.
  3. In the event that the Terms of Use cannot be implemented due to Force Majeure, then all consequences arising from the failure to implement the Terms of Use shall be the responsibility of each Party and one Party cannot sue the other Party for the failure to implement the Terms of Use and the Party affected by Force Majeure shall not be deemed to have committed a violation or default against these Terms of Use. Each Party experiencing Force Majeure conditions shall provide a written report to the other Party regarding its inability to fulfill its obligations in these Terms of Use caused by the above matters.

12. Notification

  1. Any notice and other communication based on or in connection with these Terms of Use must be made in writing, and delivered directly, including by courier, or sent by registered mail or sent by electronic mail (e-mail) to the address as stated at the beginning of these Terms of Use.
  2. Any notice or other communication shall be deemed to have been properly delivered:
    1. on the date of delivery, in the case of delivery directly or by courier, as evidenced by the recipient’s signature on the letter’s cover book or a receipt issued by the sender;
    2. 3 (three) Working Days after being placed in registered mail, in the case of delivery by registered mail, as evidenced by the registered mail delivery receipt;
    3. on the date of delivery, in the case of electronic mail, as evidenced by the sent status and the absence of notification of failure to receive.
  3. In the event of a change in the address above or the last address recorded by each Party, such change must be notified in writing to the other Party no later than 5 (five) Business Days before the change of address in question takes effect. If such change of address is not notified, then the notification or other communication based on these Terms of Use is deemed to have been given properly by being sent to the address above or the last address recorded by the other Party.

13. Duration and Termination

  1. These Terms of Use are effective for a period of time as stated in the document, form, agreement last signed by the Parties, or as long as the User uses the Product, except in the event of a written notification from one Party to the other Party to no longer use the Product (“Term“).
  2. CFS, in its sole discretion, may unilaterally terminate these Terms of Use by providing sufficient written notice to the User.
  3. In the event that the User wishes to terminate these Terms of Use and stop using the Product before the Term ends, then:
    1. The User must notify CFS in writing no later than 30 (thirty) Calendar Days before the desired date;
    2. The User must make full payment of the fees incurred under these Terms of Use; and
    3. CFS is not required to refund the fees incurred due to the implementation of these Terms of Use that have been paid by the User to CFS.
  4. Termination of these Terms of Use will not eliminate the obligations that must be fulfilled by each Party that have not been implemented, unless otherwise agreed in writing by the Parties.
  5. The Parties agree to set aside the application of the provisions of Article 1266 of the Civil Code so that the termination can be carried out without requiring a court decision or ruling.

14. Miscellaneous

  1. All attachments agreed upon by the Parties are attached to these Terms of Use and become an inseparable part of these Terms of Use and in its implementation cannot stand alone without these Terms of Use.
  2. Any matter that has not been determined or agreed upon by the Parties in these Terms of Use will be determined later through deliberation to reach a consensus. Changes or additions agreed upon by the Parties must be made in writing and bind the Parties in the form of an addendum or amendment. After the addendum is signed, the addendum will be interpreted as a single entity and the same document as these Terms of Use.
  3. No delay or negligence by any Party to exercise or enforce at any time any right or provision in these Terms of Use will be deemed a waiver of it, unless done in writing.
  4. If any provision or part of these Terms of Use is invalid, void, unenforceable, invalid, or illegal due to applicable law, then the invalidity of such provision shall not result in the nullity of all terms and conditions of these Terms of Use. The Parties agree that the remaining provisions of these Terms of Use will continue to apply in full force and effect and the Parties will endeavor to modify any provisions that are invalid, void, unenforceable, void, or illegal to comply with applicable law in Indonesia.
  5. Either Party may not transfer rights and obligations arising from the implementation of these Terms of Use to a third party without the written consent of the other Party.
  6. These Terms of Use contain an agreement between the Parties and supersede all agreements or Terms of Use relating to the contents of these Terms of Use, and all written or verbal agreements between the Parties relating to matters agreed upon in these Terms of Use.
  7. The titles, bolding, and underlining of certain terms in these Terms of Use are intended solely to clarify the existence of the words concerned and do not affect the meaning of the words.
  8. These Terms of Use may be translated into a foreign language other than Indonesian. In the event of a difference in interpretation between the Indonesian language version and the foreign language version, the Indonesian language version shall apply and the User is advised to always refer to the Indonesian language version.
  9. These Terms of Use are a valid and legally binding electronic agreement when the User or Employee presses the ‘register’ or ‘login’ button on the Product. The User may not assign his/her rights without the written consent of CFS. CFS may assign its rights to another party without prior notice.

SPECIFIC TERMS AND CONDITIONS OF PRODUCT USAGE

1. My Claim

  1. This product can be used by User and Employee in submitting Transactions that are reimbursement and cash advance.
  2. User have the right to determine the payment method for Transaction submissions by Employee with the following 2 (two) methods:
    1. Manual disbursement, namely User only administers or records each Transaction that has been made by Employee or occurs in the Product.
    2. Auto disbursement, namely User is required to make a Deposit first, and determine the payment schedule for each Transaction submission by Employee.

2. My Business Trip

  1. This product can be used by User and Employee in submitting Transactions that are reimbursement and cash advance, specifically for business travel purposes.
  2. The User is required to determine the business travel policy for Employee in the Product, such as: (i) categories of activities that will be covered by User during Employee business trips; (ii) the nominal/limit of each category; (iii) the job grade of Employee who can submit Transactions; (iv) the type of report that must be submitted by Employee after business trips; and (v) other necessary policies that may be provided by CFS in the Product.

3. Bills

  1. This product can be used by User to facilitate the recording and payment of bills to vendors/business partners and to monitor the progress of the status of each payment for Transactions that have been made. User can create a list of payments to vendors/business partners that need to be approved by certain parties.
  2. The User is required to make a Deposit in advance if they wish to make a payment using the Product services provided by CFS. Payments to vendors/business partners will be processed by CFS according to the availability of the Deposit from the User.

4. VCN Facilities

  1. User can provide recommendations and register any Employee who wish to be proposed as Employee who are entitled to obtain VCN Facilities (“VCN Holders“) with the provision that the User must completely and correctly fill out the VCN issuance application form and submit all Data required for the purpose of implementing Verification according to these Terms of Use. The Employee are recommended and registered by the User that is required to meet the requirements, submit Data and fill out the forms required by CFS or Partners correctly and completely.
  2. The Employee who wishes to use the VCN Facility are required to (i) register and activate first, (ii) provide approval for the existing and applicable terms and conditions, and (iii) submit the Data required for the purposes of implementing Verification by CFS or Partners. CFS or Partners have the right to request additional Data if the results of the Verification or credit assessment carried out on the submitted Data are incorrect and incomplete.
  3. The User is required to appoint one or more Admins with a power of attorney or sufficient appointment from an authorized party in the User’s company based on valid articles of association for the purposes of using the VCN Facility by User to Employee.
  4. CFS or Partners have the full right to provide approval or rejection of the application for issuance of the VCN Facility based on their own considerations and assessments, including credit assessments, with reference to the terms and conditions applicable to CFS or Partners. Approval of Employee as VCN Holders makes the Employee entitled to make Transactions through the VCN Facility. If necessary, CFS or Partners also have the right to provide or reject an extension of the VCN Facility.
  5. The VCN Facility can be used by VCN Holders to make Transactions at seller or merchant locations that display the MasterCard trademark or logo. The User agrees that CFS is not responsible if the seller or merchant rejects the VCN Facility for any reason and CFS is also not responsible for the quality of goods or services purchased by him.
  6. CFS will send a report on the use of the VCN Facility and an invoice related to the Usage Fee and/or Service Fee related to the use of the VCN Facility, and the User is required to make payment according to the value stated in the invoice in the manner, as applicable according to these Terms of Use, namely (i) direct withdrawal of the Deposit or (ii) transfer or transfer to the account and at the latest time determined by CFS in the invoice.
  7. The User, through the Admin, is required to provide information to CFS if there are changes, either reduction or addition of VCN Holders, no later than 10 (ten) Business Days before the change becomes effective. If CFS does not receive the latest information and causes an inappropriate Transaction to occur, then it is the User’s responsibility.

5. International Transfer

  1. This product can be used by the User to transfer funds outside the Republic of Indonesia. By activating and using this Product, the User agrees to be subject to the Terms of Use related to the International Transfer Product owned by CFS and/or Partners, including but not limited to the Terms of Use related to the implementation of Verification or other fund transfers.
  2. The User is required to transfer an amount of funds according to the amount to be sent, or ensure that the funds in the Deposit are sufficient and according to the amount to be sent. CFS and/or Partners will cancel the International Transfer order made by the User and will not process the order if the funds have not been received, the funds received do not match, or the funds in the Deposit are not sufficient with the nominal stated in the International Transfer order.
  3. CFS and/or Partners may reject or suspend the processing of International Transfer orders if the User does not provide correct and complete information, CFS and/or Partners believe that the information submitted by the User is incorrect and incomplete, or if there are indications of other suspicious activities.
  4. The minimum transaction nominal in International Transfer is 1 (according to the currency of each country).
  5. CFS and/or Partners may determine the foreign exchange rate for each transaction in this Product, and this exchange rate information will be displayed on the page when the User processes the fund transfer. The foreign exchange rate may change at any time according to the time when the International Transfer is made.
  6. CFS and/or Partners are not responsible for transaction errors and the use of the International Transfer Product by the User, including but not limited to errors in writing the recipient’s name, recipient’s bank account or payment, or the nominal amount of funds, and will only provide reasonable assistance to the User in resolving problems that may arise due to errors by the User.

6. Accounts

  1. This Product allows User to have Accounts other than the main Deposit that the User has used as a source of funds to make Transactions.
  2. This Product will help the User to separate the source of funds in each Account created, and used for different purposes or by different Admins or the Employee that have been determined. The number of Accounts can be selected according to the quota that has been selected.
  3. The User can make Transactions directly through each Account they have.

7. Mekari Stream

  1. Mekari Stream provides access to the User to convert documents uploaded in the Product into documents with a certain format (according to the features available in the Product) as relevant.
  2. If the User ends the use of this Product and does not wish to extend the credit purchased in the same month, it will expire after 120 (one hundred and twenty) days.
  3. If the User wishes to extend the use of this Product, and there is still a remaining amount of credit, the total amount of the Credit will be accumulated to the extension period, but the Credit will expire after 120 (one hundred and twenty) days from the date of the initial purchase.
  4. You understand and agree that credit in Mekari Stream cannot be exchanged for money for any reason.
  5. The use of the Mekari Stream Product will always follow the terms and conditions set out in the Terms of Use governing Mekari Stream.

8. Commercial Agreement

  1. Usage Fee
    1. The Usage Fee agreed by the Parties for the use of the Product is the amount specified in the sales order/sales invoice issued by CFS to the User.
    2. The Usage Fee must be paid in advance before the User uses the Product to CFS. CFS will send an invoice to the email address as registered at the beginning of these Terms of Use or other media specified by CFS. Failure by the User to pay the invoice may result in the User or Employee not being able to use the Product.
  2. Service Fee
    1. The User will be charged a Service Fee for each specific Transaction in the Product in the amount specified by CFS which may change from time to time.
    2. The Service Fee will and always refer to the provisions set by CFS as informed through the Product, Dashboard and/or through other media specified by CFS from time to time. CFS will notify the User if there is a change in the Service Fee. Therefore, the User understands and acknowledges that the Service Fee may change from time to time so that the User agrees that the changes will be effective according to the date that will be notified later and the applicable version is the last version received by the User.

9. Operational Agreement

  1. Changes in Employee Status
    1. The User is required to inform CFS of any changes in the status and number of Employee with the following provisions:
      • Addition or reduction in the number of Employee who can use the Product: No later than 1 (one) Working Day before the addition or reduction becomes effective.
      • Termination of employment with Employee: Within 30 (thirty) calendar days before the effective date of resignation or no later than the date the Employee submits his/her resignation.
    2. In the event that the User does not follow these provisions, CFS will process the Transaction with previously held data and CFS is not responsible for any impacts resulting from it.
  2. Operating Hours
    The operational hours of the Transaction are as stated in the Product. If there is system maintenance during certain operational hours, the Transaction will be processed after the maintenance is complete.

By clicking the “Agree” button on these Terms of Use page, You declare that You have read, understood, and agree to be bound and subject to all the provisions contained in these Terms of Use.

 

TERMS AND CONDITIONS OF
MEKARI SIGN PRODUCT USAGE

Last modified on 2 October 2024

 

Welcome to Mekari Sign! Thank you for your interest in using Mekari Sign! By creating a Mekari Sign Account or using Mekari Sign Services, You acknowledge that You have read carefully, understood, and accepted these Terms and Conditions (“T&C”) regardless of whether on behalf of yourself or a legal entity you lawfully represent. This T&C is an integral part of the Mekari Platform Terms of Use, the Usage Agreement, the Privacy Policy, and other terms as available on the Mekari Sign Application from time to time.

These T&Cs contain and constitute an agreement or a consensus between Mekari Sign (“Mekari Sign”, “we”, “our” or “us” or PT Mekari Identitas Digital) and individuals or entities who are any of the following (collectively, “You” or “Your”): 

  • visitors to mekarisign.com and/or other URLs owned by Mekari Sign (the “Site”) and/or other mobile applications, platforms, and web applications owned by Mekari Sign (the “Application”);
  • subscriber to our Products and/or Mekari Sign Services (“Client”); and
  • users of Mekari Sign Services, including authorized users of the Client and other Mekari Sign end users (“User”).

These T&Cs may be changed or updated in part or in whole from time to time without prior notification to the User and will take effect from the time they are uploaded on the Application, Site, web, and/or other URLs owned or managed by Mekari Sign (“Site”). 

BY ACCESSING OR USING MEKARI SIGN SERVICES OR DOWNLOADING ANY MATERIALS FROM THE SITE, YOU AGREE TO AND COMPLY WITH THESE T&C. IF YOU DO NOT AGREE TO THESE T&C, YOU ARE NOT ELIGIBLE TO ACCESS OR USE MEKARI SIGN SERVICES AND OUR SITE AND MUST PROMPTLY STOP ACCESSING OR USING MEKARI SIGN SERVICES AND OUR SITE.

UPDATES

  1. Mekari Sign recommends that Users check the Site for any changes to these T&Cs from time to time. By continuing to access the Mekari Sign Account or using the Mekari Sign Services or as an Invited User from another User to access or use Mekari Sign Services, the User is deemed to have agreed to these T&Cs and all their changes.
  2. You are required to comply with all provisions set forth in the Usage Agreement (if any), including terms regarding the usage fees of the Mekari Sign Services, payment terms, and other relevant technical terms. The Usage Agreement is a separate document but constitutes a single unit with these T&Cs. In the event of any conflict or difference in interpretation between the T&Cs and the Usage Agreement, the terms in the Usage Agreement shall prevail.

COMMUNICATIONS AND NOTICES

You hereby agree to receive, whether electronically or non-electronically, any form of communications and notices in relation to our Site and Mekari Sign Services, including but not limited to marketing and promotional information on Mekari Sign Services. You acknowledge, understand, and agree that any of our delivery of communications has satisfied all legal requirements for written communications and any specific delivery methods under the applicable laws and regulations.

1. DEFINITIONS

Account” refers to the User’s unique personal or organizational account with the associated access credentials, created for the purpose of accessing and using Mekari Sign Services and enabling its Authorized Users to access and use Mekari Sign Services.

Active Period” means the period during which an Account is active for You to access and use the available Mekari Sign Services.

Affiliate(s) means any specified person or entity, any other person or entity directly or indirectly controlling or controlled by or under direct or indirect common control with such specified person or entity. For the purpose of this definition, “control”, when used with respect to any specified person or entity means the power to direct or cause the direction of the management or policies of such person or entity, whether through ownership of voting securities or by contract or otherwise. The terms “controlling” and “controlled” have meanings correlative to the foregoing.

Electronic Document or Document” refers to any electronic information and/or document generated using or uploaded to Mekari Sign Services for processing, including but not limited to electronic contracts, created, forwarded, transmitted, received, or stored in analog, digital, electromagnetic, optical, or similar forms, which can be viewed, displayed, and/or heard through computers or electronic systems, including but not limited to text, sound, images, maps, designs, photos or the like, letters, signs, numbers, access codes, symbols, or perforations that have meaning or can be understood by a person capable of understanding them. 

Electronic Information means a single or a set of electronic data, including but not limited to text, sound, images, maps, designs, photos, Electronic Data Interchange (EDI), electronic mail (e-mail), telegrams, telexes, telecopies, or similar, letters, signs, numbers, access codes, symbols, or processed perforations that have meaning or can be understood by a person capable of understanding them.

Electronic Transactionmeans a legal act conducted using computers, computer networks, and/or other electronic media.

User means any individual, partnership, firm, legal entity, ministry, institution, or organization having an Account and/or subscribing to Mekari Sign Services. Users are classified as Authorized Users and Invited Users.

Authorized User means any User having an Account and using its registered email to access and use Mekari Sign Services.

Invited User means any invited User by an Authorized User who does not have an Account and uses its registered email to access and use certain features of Mekari Sign Services.

Signer means a person who receives and signs any Electronic Documents on Mekari Sign Services.

Mekari Sign Services means all products and/or services provided by Mekari Sign, including but not limited to, an electronic signature (“eSign”), electronic duty stamp (meterai) (“eMeterai”), electronic stamp (“eStamp”) and electronic document management system (“eDMS”) and/or other Mekari Sign Services as stated by Mekari Sign from time to time, either through the Website or the Application.

Personal Datameans all User’s “personal data”, “personal information”, “personally identifiable information”, or equivalent terms thereto all of which shall have the same meaning as defined by the PDP Laws that is Processed by Mekari Sign in relation to the provision of Mekari Sign Services.

Personal Data Protection Laws or PDP Laws means the applicable Indonesian personal data protection laws and regulations, which its enactment is designated to safeguard and govern the processing and protection of personal data, including but not limited to Law of the Republic of Indonesia No. 27 of 2022 on Personal Data Protection and if any, its implementing regulations (as may be amended from time to time).

Electronic Information and Transaction Laws or EIT Lawsmeans the applicable Indonesian laws and regulations on electronic information and transactions which also contain the relevant provisions governing the organization of eCertificate in Indonesia, including Law of the Republic of Indonesia No. 11 of 2008 on Electronic Information and Transactions and its implementing regulations (as may be amended from time to time)

Electronic Certification Provider or “Penyelenggara Sertifikasi Elektronik” or “PSrE” has the same meaning stipulated under EIT Laws, means an Indonesian or foreign legal entity that acts as a trusted party who carries out the issuance, administration, and audit of eCertificates.

Electronic Certificate oreCertificate has the same definition stipulated under EIT Laws, which means an electronic certificate containing electronic signature and identity indicating the legal subject status of the parties within the electronic certificate which is issued by PSrE.

Training means the educational process, whether conducted in the form of online or offline training, provided by Mekari Sign for User to operate Mekari Sign Services.

Minutes of Handover” (Berita Acara Serah Terima”) orBASTmeans the document serving as that Mekari Sign Services has been delivered by Mekari Sign to the User, and as a receipt that the User has properly received the Mekari Sign Services.

Third-Party Provider means any third-party services provider cooperating with Mekari Sign in delivering certain services, access, features, and/or assistance within the Application to Mekari Sign to create, develop, and provide Mekari Sign Services optimally.

Parties means MID and the Client or User collectively. Individually, they are referred to as a Party.”

Usage Agreement means the usage agreement signed by the Parties and/or the subscription form signed by the User/Client separately, which details the provisions regarding the use of the Product.

URL” or “url” means a sequence of web addresses, containing folder names, protocol languages, etc.

2. PRODUCT AND PAYMENT DETAILS

  1. The package details, including the Product usage fees (“Usage Fees”) that You select, will be outlined under the service order/service quotation/subscription form and/or other similar document in writing that is issued by Mekari Sign.
  2. Mekari Sign may cooperate with any third party to support the implementation or delivery of the Product. You must ensure that You read all terms and conditions as well as privacy policies applied by those third parties to understand Your rights and obligations in using the Product.
  3. You must pay the Usage Fees and any other necessary fees/costs as outlined in the document mentioned under paragraph a above in accordance with the stipulated term of payment stated in the relevant invoice/billing document.
  4. Each Party must bear the necessary tax obligations in accordance with the applicable tax regulations.

3. ACCOUNT

  1. Eligibility
    You must be of legal age under the applicable laws and regulations and/or have the competency to agree to these T&Cs and to register an Account. If you are creating an Account on behalf of your company, business, or organization, You shall have the appropriate authorization to do so.
  2. Account Responsibilities
    You are responsible for all access and use of Mekari Sign Services on their Account. You must keep your Account credentials confidential and any unauthorized access and/or use of Mekari Sign Services must be promptly notified to Mekari Sign. You hereby will not hold Mekari Sign liable for any material or immaterial losses caused by any third-party use of Your Account, regardless that such third-party use is with or without Your knowledge and consent. You must use Mekari Sign only for lawful purposes and to comply with these T&Cs.
  3. Account Information
    You must provide Mekari Sign with accurate and complete information in registering Your Account. We reserve the right to reject Your Account registration or impose suspension on Your Account if You provide us with untrue, unclear, inaccurate, or incomplete information in relation to Your Account. You agree to provide us with up-to-date information from time to time by promptly notifying us of any changes or updates through contacting us. Any consequences that may arise in connection with updates or changes to information that are not communicated to us will be your full responsibility. We are entitled to verify any such changes, additions, or updates to Your information under our procedures.
  4. Early Termination
    In the event of early termination of the cooperation for the provision of the Product:

    1. MID will not refund any Usage Fees already paid by the User; and
    2. The User is required to fully settle all Usage Fees specified in these Terms and Conditions or in other separate documents related to the use of the Product, whether or not those Usage Fees have already been invoiced by MID.
    3. The Parties agree to waive the provisions of Article 1266 of the Indonesian Civil Code, allowing the Parties to terminate these Terms and Conditions automatically without going through legal proceedings.
  5. Termination due to violation
    You understand and agree that based on Mekari Sign’s sole discretion, Mekari Sign has the right to terminate this T&C and/or terminate, revoke, and/or refuse access to the Product, partially or completely and either temporarily or permanently, with/without prior notification, if it is suspected the following occurs (i) You do not comply with the payment conditions as set out in this T&C, (ii) there are indications of fraud, data theft, fraud, does not fulfill one or all of this T&C, a violation of the provisions of this T&C and/or applicable laws or other causes, therefore any losses arising from those actions are not the responsibility of Mekari Sign, and Mekari Sign, in any case, is not obliged to provide any compensation to the Client for this matter.
  6. Invited User
    You agree that any of Your Invited Users must agree to these T&C and any other Mekari Sign’s policies.  You are fully responsible for the actions and/or omissions of Your Invited User or any other of Your User in using Mekari Sign Services. We are not liable for any losses of Your User arising from such User’s use of Mekari Sign Services.
  7. Validity
    Your Account will remain valid in accordance with the Active Period unless you submit a written request to the Mekari Sign to close or terminate your use of your Account.
  8. Know Your Customer
    In using Mekari Sign Services with Your Account, you may be required to verify your identity through our electronic Know Your Customer process within our Site, this process includes submission of Your information and data related to your identity (“eKYC”). You are responsible for providing accurate and valid information and data during the eKYC process. You hereby give consent and authorize Us to collect and process Your personal information and documents as required for the eKYC process. You understand that, for eKYC purposes, such information and documents may be shared with relevant authorities or regulatory bodies as required by law.

4. ACTIVE PERIOD

  1. Active Period Term
    The term of your Active Period will be commenced as of (i) the date as stated in the BAST or (ii) at the latest on the 7th calendar day after delivery of BAST by MID to the Client, whichever is earlier. Notwithstanding the above, You may submit a written request on the commencement of Your Active Period term upon written request to MID after payment of the Product. The duration of the Active Period based on a written request will be considered valid after approval from MID, whether in writing or electronically.
  2. Training
    We will provide You with free Training when You purchase Mekari Sign Services for the first time. This free Training will be available for You within 1 (one) month from the date of Your first payment.
  3. Renewal Active Period
    At the end of your Active Period, we will inform Your impending renewal term to You and accordingly, You are eligible to renew Your Active Period by delivering notice of renewal to Us no later than 30 (thirty) calendar days before the end of the Active Period. Notwithstanding such conditions, You may, at any time, deliver notice of renewal for Your Active Period to us. Your Active Period Term will be renewed subject to the Mekari Sign Services package, fees, quota, and scope under Our renewal terms and conditions applicable at the time of renewal.

5. PRODUCTS

  1. Product Warranty
    1. We do not warrant or assume responsibility for any products and/or services provided by any Third-Party Providers through the Site. We are not involved in monitoring any activities between You and Third-Party Providers of Mekari Sign Products or Services. You are solely responsible for all of your activities with other party(-ies) with whom you communicate or interact as a result of your access or use of Mekari Sign Services.
    2. During your Active Period, our Mekari Sign Services are provided “as is” and “as available” without any warranty of any kind, Mekari Sign hereby disclaims any and all warranties for or in connection with Mekari Sign services, including but not limited to, those of merchantability, fitness for a specific purpose, title or non-infringement, whether express, implied, statutory or otherwise. We do not warrant that Mekari Sign Services will function without interruption, be free of malicious code, or that it is error-free, can continue to operate in conjunction with other devices or systems that are not provided or owned by us, and/or will always meet any of Your specific requests.
    3. The User agrees to release Mekari Sign from any claims, demands, and lawsuits arising from (i) the failure or delay in executing an Electronic Transaction; and/or (ii) any disruptions, delays, changes, or unavailability of Mekari Sign Services (including cases where Mekari Sign is unable to execute or continue all or part of the User’s instructions or communications to Mekari Sign through the Website or Application) due to events or circumstances beyond Mekari Sign’s control. This includes but is not limited to natural disasters, war, civil unrest, government policies, banking system failures, monetary crises, any changes, additions, reductions, transmission, damage, loss, transfer, or concealment within the system, devices, or Mekari Sign Services caused by intentional and unauthorized or unlawful actions by any party, disruptions or unavailability of third-party services such as continuous internet, power, telecommunications, and electricity network disruptions, or any other circumstances beyond Mekari Sign’s control.
  2. Access and Use Restrictions
    In using and accessing Mekari Sign Services, You and any of Your authorized third-party are restricted to: (i) rent, sell, license, assign, copy, modify, reverse engineer, decompile, disassemble Mekari Sign Services in any way violating the applicable laws and regulations; (ii) exploit Mekari Sign Services for Your product development or any kind of commercial purposes; (iii) use Mekari Sign Services in any way that violating the rights of any party or any provisions under the applicable laws and regulations; (iv) use Mekari Sign services in any way that potentially damage or impair Mekari Sign and/or our Affiliates or Mekari Sign Services and its related systems and networks.
  3. Pricing
    Mekari Sign Services is classified into several package options, each of which consists of the applicable one-time or recurring fees, accessible features, and limited quota for usage of Mekari Sign Services. Save for certain custom packages, the specifications of each package are determined by Mekari Sign’s sole discretion and may be changed and modified from time to time. The applicable pricing and payment terms to You are subject to the quotation provided by Us.
  4. Third-Party Providers Pricing Adjustment
    In case our Third-Party Providers adjust their fees for the service they render to us for the provision of Mekari Sign Services purposes, we reserve the right to modify the pricing of our services accordingly. We will promptly inform You on any of such adjustments of pricing and You hereby acknowledge and agree that such changes for Third-Party Providers service may impact the cost structure of Mekari Sign Services.
  5. Add-Ons and Package Upgrade
    To increase or add Your quota and/or upgrade Your package, You are required to deliver a request for quota increase and/or package upgrade to Mekari Sign. We will directly charge you or adjust Your recurring payable Mekari Sign Services (as applicable) for any additional quota and/or package upgrade based on our pricing policy. Any increase to Your Account quota and/or upgrade to Your package may only be effective upon Your payment of the additional charge.
  6. Product Terms of Use
    The use of the Product by You shall be subject to the Product Terms of Use as outlined in Attachment I to these T&Cs and deemed as an integral part of these T&Cs.
  7. Service Level T&C
    Mekari Sign applies a Service Level Agreement (SLA) for any issues occurring in the Product that You use. This SLA may be subject to the SLA applied by the Third-Party Providers.

6. USER REPRESENTATION AND WARRANTY

You represent and warrant that:

  1. The Client is legally competent and authorized to perform legal acts under the laws of the Republic of Indonesia, including binding themselves to and fulfilling all the terms and conditions in these T&Cs.
  2. The Client has the capacity and authority to represent and act on behalf of the legal entity/business entity, including but not limited to binding it to comply with and fulfill all the terms and conditions in these T&Cs.
  3. You have obtained all of the necessary licenses regarding the use of Mekari Sign Services and the implementation of obligations under this T&C.
  4. There are no ongoing actions or lawsuits that may materially affect the Client’s ability to perform its obligations under this T&C and/or affect the validity of this T&C.
  5. The execution and implementation of this T&C shall not violate or conflict with (i) the applicable laws (including laws and regulations in the anti-corruption sector); (ii) the Client’s articles of association; and (iii) agreements or capabilities that bind the Client.
  6. In carrying out the T&C, the Client does not offer, promise, approve or authorize any payment or award, either directly or indirectly, goods or materials that have value (including, but not limited to gifts, entertainment, food, discounts or personal credit, or other benefits that are not paid at market value) that have a public or commercial bribery purpose or effect; and the Client will not take any action that will make the Client or other party violate any provision in the anti-bribery and corruption regulations and laws that apply in Indonesia or regulations and laws that prohibit any action that violates the law for the purpose of obtaining commercial business benefits.
  7. In carrying out the T&C, the Client has complied with all applicable anti-money laundering laws and regulations and has published an anti-money laundering compliance policy as regulated by the applicable laws and regulations. The Client further agrees to provide the necessary information for verification of compliance with applicable anti-money laundering regulations as reasonably requested by government authorities in accordance with its anti-money laundering compliance procedures.
  8. The Client guarantees to always comply with the terms and conditions and the privacy policies that apply to each Product, both as regulated on the Site and/or Application managed by MID and/or any other third party that is relevant to the provision of the Product.
  9. The User has read and understood the entire content of these T&Cs and therefore voluntarily agrees to comply with and fulfill all the terms and conditions set forth in these T&Cs.
  10. The Client is fully responsible for all information, data, and/or content that is uploaded, inserted, or disclosed by the Client and/or any other party that is given access by the user when using the Product.

7. LIMITATION OF LIABILITY

  1. MID provides the Product on the basis of “as is” and “as available” principles without any warranties. To the extent the prevailing law allows and unless outlined clearly under this T&C, MID disclaims any and all other warranties (which are explicit, implicit, or otherwise), including an implicit warranty from any sale appropriateness, no violation or accuracy for a certain purpose.
  2. If the Client (and/or its affiliated company that uses the Product (as relevant)) suffers a real loss when using the Product during the Subscription Active Period which has been proven to be caused by direct error or negligence by MID, the Client may submit a request for compensation to MID.
  3. Under any circumstances, the limit for compensation that can be provided by MID in connection with the losses suffered by the Client as referred to in paragraph a above is the maximum of the Usage Fee that has been paid by the Client to MID (excluding applicable taxes) with subject to the following requirements:
    1. the Client is obliged to submit a request for compensation to MID no later than 30 (thirty) calendar days since the loss occurred or since the Client became aware of the loss that the Client experienced, whichever occurs first;
    2. if the Client uses several Products and the Client suffers actual loss from using that Product partially, therefore the indemnification will be provided by considering the Usage Fees portion that has been paid to MID for such partial Products only;
    3. if the Client uses the Product together with other Client affiliates (as also stated in the details of the Usage Fee at the beginning of this T&C) and real losses are only experienced by certain Client affiliates, then MID will only compensate the Client for a maximum of the paid Usage Fee as relevant for the relevant affiliate; and/or
    4. compensation paid by MID is limited to the Usage Fee paid for the Client’s (and/or related affiliate’s) Subscription Active Period which is still ongoing. However, if the Subscription Active Period of the Client is more than 12 (twelve) months, the compensation calculation will be limited to a maximum of 12 (twelve) months.
  4. MID has sole discretion in determining the amount of compensation to be paid to the Client based on internal checking that is carried out through MID’s system. The compensation provided by MID is final and binding, so by receiving compensation from MID, the Client guarantees that there are no bills, costs, claims, demands, or other obligations that arise or may arise, which can be billed by the Client. to MID in connection with the matters regulated in this Article.
  5. MID will not be responsible for any losses, claims, expenses, damages, liabilities or costs arising from:
    1. the Client’s violation of any provisions of this T&C;
    2. use of the Product by unauthorized parties and/or unauthorized access by the Client;
    3. if there is a defect or liability caused by the Client including modifications or add-ons made without the consent of MID;
    4. The product is used together with any third-party software or product where the Client does not have sufficient rights from the third-party vendor for such use;
    5. use of the Product that is not carried out in accordance with the provisions of this T&C or other technical provisions that apply to the Client, including but not limited to the user manual; and/or
    6. the requirements mentioned in paragraph b above are not fulfilled.
  6. To the extent permitted by applicable laws, there is no liability from MID to the Client (or a person claiming rights derived from the rights of another party) for any actual or anticipated loss of revenue, profit, contract, or business (whether directly or indirectly, loss of data, and/or any incidental, indirect or consequential loss, in any case arising under or in connection with this T&C, whether by contract, act against law (including negligence), violation of duties by-laws or otherwise.

8. INTELLECTUAL PROPERTY

  1. This T&C will not be considered as a transfer of any Intellectual Property Rights which are the property of each Party or its Affiliates based on applicable laws and regulations.
  2. Each Party will mutually release each other from any claims in the future for their respective Intellectual Property Rights including their use, as long as they are used in accordance with the provisions set out in the T&C.
  3. MID may use and display the Client’s logo and company name for commercial and marketing purposes, both online and offline media used by MID. Such actions will be done reasonably and in good faith without the purpose of misusing the Client’s logo and company name.

9. CONFIDENTIALITY

  1. Any information relating to the party who discloses the confidential information (“Disclosing Party”), whether directly or indirectly provided by the Disclosing Parties to the recipient of confidential information (“Receiving Party”) in connection with the implementation of this Form is considered as confidential (“Confidential Information“), but does not include the following information:
    1. already known by the Receiving Party on the date of disclosure of the Confidential Information by the Disclosing Party and not obtained or originating from the Company, affiliated company, or through other parties who have confidentiality obligations;
    2. on the date of disclosure, the Confidential Information has become public property or becomes part of public property;
    3. obtained by the Receiving Party itself from a third party entitled to disclose the said Confidential Information when requested by the Receiving Party;
    4. has been developed by the Receiving Party prior to the date of disclosure of the Confidential Information.
  2. In the event any Party is required to disclose Confidential Information by the mandatory laws and/or authorized public authorities, such Party must provide the other Party with written notice as soon as possible prior to such disclosure.

10. DATA PROTECTION

  1. To the extent MID receives Personal Data from the Client when the Client creates an account and uses all features which are available in the Product in relation to the implementation of this T&C, therefore the Client hereby agrees and provides its consent to MID to process such Personal Data exclusively for the implementation of this T&C.
  2. MID will always conduct its reasonable efforts in accordance with the applicable laws to maintain the confidentiality of the Personal Data that MID receives from the Client.
  3. The Client represents and warrants that:
    1. The Client has obtained the valid license, permission, and authorization from any Personal Data owner whose Personal Data will be provided or disclosed to MID for the Product implementation purposes; and
    2. every employee, party, vendor, agent, and representation of the Client who will utilize the Product has been aware of and understood all provisions under this T&C as if those parties are Party to this T&C.
  4. The Client agrees to not carry out the following:
    1. utilizing the Product or any feature thereof for any purpose other than to implement this T&C;
    2. disclosing, selling, sharing, giving contents, information, features, or any other service that is available in the Product without written approval from MID;
    3. conducting intervention against or disrupting any servers, network, feature, or platform available in the Product; and
    4. reproducing or carrying out efforts to extract the source code from any software or other related system that is provided by MID.

11. INFORMATION SECURITY

  1. Mekari Sign will apply necessary security measures to safeguard Your Personal Data. Our measures may be updated or modified by Mekari Sign to enhance overall security.
  2. You are responsible for configuring and maintaining access controls for Your use of chosen Mekari Sign Services, including safeguarding and maintaining Your Personal Data in such a manner that You deem adequate, such as applying appropriate security, protection, deletion, and backup of Your Personal Data.

12. LEGAL DOMICILE AND DISPUTE RESOLUTION

  1. These T&Cs are governed and interpreted in accordance with the laws of the Republic of Indonesia.
  2. All disputes arising between the Parties related to the implementation or interpretation of these T&Cs will be resolved through deliberation and consensus within 30 days of the dispute being communicated to the other Party.
  3. Before directly contacting the other Party for negotiation to resolve the issue or dispute, the Parties agree not to publicize or write about the dispute in online or print media in a way that could put the other Party in a difficult position.
  4. If the dispute cannot be resolved within the timeframe mentioned in paragraph b of this Article, the Parties agree to settle the dispute at the Indonesian National Arbitration Board located at Wahana Graha, 1st & 2nd Floors, Jl. Mampang Prapatan No. 2, Mampang-Jakarta.
  5. While the dispute is in the process of being resolved, the Parties are still obligated to fulfill their respective obligations as required under these T&Cs and/or the Usage Agreement (as applicable).

13. LANGUAGE

This T&C is provided in the Indonesian and English languages. In the event of any inconsistency between the Indonesian and English language texts, the Indonesian language text shall prevail and the relevant English language version shall be deemed to be automatically amended to conform with and be consistent with the Indonesian language version. No party will (nor will it allow or assist any party to) challenge the validity of, or raise or file any objection to, this T&C or the transactions contemplated herein in any manner or forum in any jurisdiction on the basis of any failure to comply with Law No. 24 of 2009 on National Flag, Language, Emblem and Anthem or any of its implementing regulations (when issued).

14. SEVERABILITY

If any provision or part of a provision of this T&C are invalid, void, unenforceable or illegal due to any applicable law, the invalidity of such provision shall not annul all the requirements and provisions under this T&C. You agree that the remaining provisions of this T&C shall continue in full force and effect and Mekari Sign will, at its best endeavors, to amend any invalid, void, unenforceable or illegal provision to be in accordance with the applicable laws in Indonesia.

15. NOTICES

Any notice from us addressed to You will be given through our Site or via the email registered on the Account. Any notice addressed to the User shall be deemed duly received upon our delivery of such notices to You.

Any notice from You addressed to us shall become effective if such notice has been duly received by us through (i) our email address support-esign@mekari.com and/or (ii) mail or physical documents sent to our address at Mid Plaza 2nd Floor – Jenderal Sudirman Street No. 10-11, Karet Tengsin, Tanah Abang, Central Jakarta, DKI Jakarta, Indonesia 10220.

ATTACHMENT I – PRODUCT TERMS OF USE

1. eSign

  1. We provide two types of eSign services: uncertified eSign and certified eSign.
  2. After registering an Account, You may only be eligible to use PSrE-certified eSign (“Certified eSign”) by upgrading your Account. For the purpose of these T&Cs, Certified eSign refers to an electronic signature that is utilized as a means of digital verification and authentication using an eCertificate issued by PSrE. By using Our eSign services, You hereby authorize Us to affix Your signature on the Electronic Documents processed within Mekari Sign Services.
  3. In providing Certified eSign, Mekari Sign has entered into a cooperation with registered Indonesian PSrE which is rooted in the Ministry of Communications and Informatics of the Republic of Indonesia. Our eCertificates are valid for one (1) year and we may notify You to renew Your eCertificate before the expiration date of the eCertificate.
  4. Mekari Sign Services are only limited to facilitating the completion and/or execution of Electronic Documents between the Parties bound to those Electronic Documents. Our provision of Mekari Sign Services shall not be construed to constitute Mekari Sign as a party to the executed Electronic Documents through Mekari Sign Services, and We do not warrant that the transactions in relation thereto be affected.
  5. You have exclusive control over and responsibility for the content, quality, and format of your Electronic Documents and You shall not hold Mekari Sign to be liable for any of the contents in Your Electronic Documents. We are not responsible for or liable for producing any of Your Electronic Documents or other documents to any third parties.
  6. We are not responsible for determining whether Your Electronic Document(s) is: (i) not allowed to use eSign under the applicable laws and regulations (ii) subject to any particular agency promulgations or (iii) effective or lawfully formed by affixing eSign.
  7. We will manage and store Electronic Documents under these T&Cs. However, We may set a limitation for reasonable use to prevent abusive use of eSign. We may delete your Electronic Documents upon the expiration of Your Active Period.

2. eMeterai

  1. In providing eMeterai, we have collaborated with official eMeterai distributors in Indonesia.
  2. If You upload and send Electronic Documents affixed with eMeterai, the affixed eMeterai cannot be returned or refunded regardless if such Electronic Documents have been signed or not by the Electronic Document recipient.
  3. Quota
    Users with the “Owner” role can purchase eMeterai quota with a minimum amount of 3 (three) eMeterai quota. Additional quota may be given to the User after we receive the payment of such additional quota

3. eStamp

  1. You may only use eStamp for Electronic Documents for lawful purposes. You hereby warrant that your use of eStamp is in compliance with all the applicable laws and regulations and shall not hold Us to be liable for any use of eStamp for illegal, fraudulent, malicious purposes or any other purposes which are strictly prohibited under the applicable.
  2. You must acknowledge and comply with any legal obligations on the use or application of eStamp into Electronic Documents, including any applicable laws and regulations, by-laws, and any other mandatory requirements in relation to Your usage of eStamp.

4. eDMS

  1. You retain the ownership over the Electronic Documents processed and retained in our eDMS and we do not claim any ownership rights over Your Electronic Documents uploaded to or sent through eDMS. You have the full authority and control to modify, alter, distribute, and/or retain the Electronic Documents uploaded by any of your Users.
  2. If You send an Electronic Document to a signer(s) through Mekari Sign Services, we will provide a reminder feature on our Site to remind the signer to sign the Electronic Document that has been sent. The reminder feature will not reappear after the last reminder or when the Electronic Document has been signed.

TERMS AND CONDITIONS OF
MEKARI STREAM SERVICE USAGE

Last modified on: 2 October 2024

Welcome to the Mekari Stream Service! Thank You for your interest in using the Mekari Stream Service. By creating a Mekari Stream Account or using the Mekari Stream Service, You acknowledge that You have carefully read, understood, and accepted these Terms and Conditions (Terms and Conditions or “T&C“) including if You represent Yourself or a legal entity legally. This T&C is an inseparable part of the Mekari Platform Terms of Use, Use Agreement (if any), Privacy Notice, as well as other provisions as available on the Platform from time to time.

This T&C contain agreements between Mekari Stream (“Mekari Stream” or “We”, or PT Jurnal Consulting Indonesia “JCI”) and individuals or entities that fall into one of the following categories (collectively, “You”):

  • visitors to the official Mekari Stream website owned by Mekari Stream and/or other mobile applications, platforms, web applications owned by Mekari Stream (“Platform“); and
  • users of the Mekari Stream Service (“User”).

This T&C may be changed or updated in part or in full from time to time by Mekari Stream without prior notification to the User and will be effective from the time they are uploaded to the Platform. We recommend that User check the Platform for any changes to this T&C from time to time. By continuing to access Your Mekari Stream Account or use the Service, You are deemed to have agreed to this T&C and all related changes.

If You do not wish to be bound by this T&C, then You may unsubscribe from the Service.

You are obliged to agree to all the provisions stipulated in the Use Agreement (if any), including provisions regarding fees for using the Service, payment terms and other technical provisions as relevant. The Use Agreement is a separate document but is an integral part of these T&C. If there is a conflict or difference in interpretation between the T&C and the Use Agreement, the provisions in the Use Agreement shall apply.

You also agree to receive communications and notifications in electronic and non-electronic forms related to the Service, including but not limited to marketing and promotional information regarding the Service.

GENERAL

1. DEFINITION

“Account” means a unique personal or organizational account with associated access credentials, created for the purpose of accessing and using the Mekari Stream Service (as defined below) and enabling User to access and use the Mekari Stream Service.

“Active Period” means the period of time during which an Account is active to access and use the Mekari Stream Service which can start no later than the 30th calendar day from the date We receive User payment for the Mekari Stream Service.

“Affiliate” means any specified person or entity that is controlled directly or indirectly by such specified person or entity or is under common direct or indirect control with such specified person or entity. For the purposes of this definition, “control,” when used in connection with any particular person or entity, means the authority to direct or cause the direction of the management or policies of such a person or entity, whether through ownership of securities with voting rights or through contract or other means. The terms “control” and “controlled” have the same meaning as mentioned above.

“Document” means any information and/or document uploaded to the Platform to be processed by the Service.

“User” means every party who registers with Mekari Stream to use the Mekari Stream Service.

“Mekari Stream Service” or “Service” means all products and/or services provided by Mekari Stream which can be accessed through the Platform, including but not limited to Document extraction service for User needs.

“Package” means each module and feature in the Service that can be selected according to User needs.

“Parties” means both Us and You/User collectively. Each individually is referred to as a “Party”.

“Force Majeure” means a situation including but not limited to earthquakes, cyclones, landslides, floods, fires, pandemic explosions, natural disasters, war, riots, terrorism, power struggles, sabotage, embargoes, mass labor strikes, change political/economic drastic changes, which are confirmed or not by statements from the authorities in that matter, and the promulgation of new laws and regulations which directly or indirectly affect the implementation of this T&C, resulting in the Parties’ obligations based on this T&C not being able to be implemented.

“Personal Data” means all User’s “personal data”, “personal information”, “personally identifiable information”, or other equivalent terms that have the same meaning as determined by the applicable personal data protection law in Indonesia which is processed by Mekari Stream in its objectives by providing Mekari Stream service.

“Third Party Provider” means a third party service provider who collaborates with Mekari Stream in providing certain service, access, features and/or assistance to Mekari Stream to create, develop and provide Mekari Stream service optimally.

“Intellectual Property Rights” or “IPR” means related intellectual property rights, including but not limited to patents, copyrights, design rights (whether registered or unregistered), trademark rights, technical information, know-how, database rights, rights and trade secrets, for all content on the Mekari Stream Service.

“Usage Fee” means the nominal fee for using the Mekari Stream Service.

“Credit” means the quota for the use of the Mekari Stream Service obtained by the User after paying the Usage Fee to Mekari Stream.

2. SERVICE DETAILS AND PAYMENT TERMS

  1. The Mekari Stream Service gives You access to convert documents that You upload on the Platform into documents with a certain format (according to the features available on the Platform) that You can use for your needs as relevant.
  2. Details of the Package You take, the Active Period and related Usage Fee will be stated on the official Mekari Stream website.
  3. You are obliged to pay the Usage Fee and any other necessary fees in accordance with the payment terms specified in the relevant billing document.
  4. Each Party must fulfill the necessary tax obligations in accordance with applicable tax regulations.
  5. If the User terminates the use of the Service and does not wish to renew, the Credit purchased in the same month will expire after 120 days.
  6. If the User wishes to extend the Active Period and there is still a remaining amount of Credit, then the total amount of Credit will be accumulated into the extended Active Period but the Credit will expire after 120 days from the initial purchase date.
  7. You understand and agree that Mekari Stream Credit cannot be exchanged for money for any reason.
  8. At the end of the initial Active Period, this T&C will automatically be extended for each extension of the Active Period until the User ends use of the Mekari Stream Service by providing written notification 30 days before the end of the Active Period. The Active Period will be renewed in accordance with the Package, Usage Fee, Credit and Mekari Stream Service coverage based on our renewal terms and conditions in effect at the time of renewal.

3. INTELLECTUAL PROPERTY RIGHTS

  1. Limited License
    By agreeing to this T&C, We grant You a limited, non-exclusive, non-transferable license to access and use the Platform from the start of the Active Period. You may not use the Mekari Stream service for any unlawful purpose or in a manner that violates this T&C.
  2. Mekari Stream reserves all relevant licenses in connection with the Mekari Stream service. You and your representatives, including employees, do not acquire any IPR for content on the Mekari Stream Service. You may not use the IPR contained in Mekari Stream without obtaining our prior written consent. Any attempt or violation of these rights will result in termination of your rights regarding the Mekari Stream Service and other legal remedies.
  3. User have no right to modify, adapt, or translate the Mekari Stream Service or create derivative works from the Mekari Stream Service provided to the User. Nothing in this T&C shall be interpreted, by inference or otherwise, to mean that the User is entitled to obtain the source code for the software contained in the Mekari Stream Service.
  4. You agree not to disassemble, decompile or reverse engineer and derive any other source code from the software contained in the Mekari Stream Service.
  5. Mekari Stream is permitted to use and install the User’s logo and company name for commercial and marketing purposes, including both online media and printed materials (offline) that are used by Mekari Stream. Such actions will be conducted fairly and in good faith, with no intention of misusing the User’s logo or company name.

4. CONFIDENTIALITY

  1. For the purposes of this T&C, “Confidential Information” refers to including but not limited to all written information, materials and documents provided by either Party to the other Party in connection with the use of the Service.
  2. The following is not considered Confidential Information, information that: (i) becomes public knowledge without error or violation by a party of this T&C; (ii) is already owned by either party without restrictions on use or disclosure at the time of disclosure; (iii) was developed independently without using Confidential Information from any Party in this T&C; or (iv) was obtained by either Party lawfully from a third party not bound by any obligations of confidentiality and without restrictions on use or disclosure.
  3. If one Party is required to disclose Confidential Information by mandatory law and/or a competent public authority, the Party concerned must provide written notification to the other party as soon as possible before such disclosure is made, unless such notification is limited by applicable legal or administrative provisions.
  4. Every provision relating to Confidential Information as regulated in this Article 4 will remain valid forever.

5. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  1. You are a legal entity or business entity established under the laws of the Republic of Indonesia or an individual who has full authority to implement this T&C and/or use the Service;
  2. The execution and implementation of this T&C will not violate or conflict with (i) applicable laws (including applicable laws and regulations in the anti-corruption sector); (ii) your articles of association; and (iii) agreements or capabilities that bind You.
  3. In implementing this T&C, You do not offer, promise, agree or authorize any payment or gift, either directly or indirectly, of goods or materials of value (including, but not limited to gifts, entertainment, food, discounts or personal credit, or other benefits not paid at market value) that have the purpose or effect of bribery of the public or commercial; and You will not take any action that will cause You or any other party to violate any provisions in the applicable anti-bribery and corruption regulations and laws in Indonesia or regulations and laws that prohibit any unlawful actions for the purpose of obtaining commercial business benefits;
  4. In implementing this T&C, You have complied with all applicable anti-money laundering laws and regulations and have issued an anti-money laundering compliance policy as regulated by applicable laws and regulations (as relevant). You further agree to provide information necessary to verify compliance with applicable anti-money laundering regulations as reasonably requested by any governmental authority in accordance with its anti-money laundering compliance procedures;
  5. You guarantee to always comply with this T&C as well as the privacy policy that applies to the Service, both as regulated on the Platform managed by Mekari Stream and/or any other Third Party Provider that is relevant to the provision of the Service.
  6. You are fully responsible for all information, data, documents, and/or any content uploaded, included, disclosed by You and/or any other party that is given access by You when using the Service.
  7. There are no ongoing lawsuits or actions that could materially affect User ability to perform User’s obligations under this T&C and/or affect the validity of this T&C;
  8. All documents, data and information provided in connection with your use of the Service are complete, accurate and correct according to actual circumstances;
  9. You agree that use of the Mekari Stream Service may be subject to a fair usage policy implemented by Mekari Stream from time to time. You understand that We  are not responsible for the correctness of the contents or contents of the documents that You upload on the Mekari Stream Service.

6. LIMITATION OF LIABILITY

  1. We always strive to ensure that the service can be used safely, comfortably and function properly, but We cannot guarantee that continuous operation or access to the service will always be perfect. You understand and agree that the Service are “as is” and “as available” and cannot be changed, modified or adapted to your specific requests.
  2. We disclaim all representations, warranties, conditions or guarantees relating to the service other than as set out in this T&C.
  3. The use of all Documents and all documents processed using the Service is the User’s own responsibility. User hereby release Mekari Stream from all forms of losses, claims, costs, damages, obligations, costs whatsoever arising from the use of Document in the Mekari Stream Service.
  4. We will not be responsible for any losses, claims, costs, damages, liabilities or expenses arising from: (i) violation of any of the provisions set out in this T&C and/or applicable laws, (ii) User’s use of the Mekari Stream Service which is not in accordance with the provisions in this T&C and/or other provisions stipulated by Mekari Stream in connection with the use of Mekari Stream service, (iii) defects or liabilities caused by You, including modifications or additions made without Mekari Stream’s consent; (iv) modifications or add-ons carried out by You without our consent, and/or (v) use of the Mekari Stream Service together with third party software or products, for which use You do not have adequate rights from the relevant third party vendor.
  5. You acknowledge that the Mekari Stream Service may experience delays caused by Third Party Provider service interruptions, Service unavailability, or device feature failure. You also agree to provide compensation to Mekari Stream for claims, suits or demands related to failure to carry out your instructions due to incomplete information.

7. INDEMNIFICATION

  1. If You (and/or your company and/or your Affiliate company that uses the Service, as applicable) experience real losses when using Mekari Stream during the Active Period which has been proven to be caused by direct error or negligence by Mekari Stream, then You can submit a request for compensation loss to Mekari Stream.
  2. Under any circumstances, the limit of compensation that can be provided by Mekari Stream in connection with losses experienced by the User as referred to in letter (a) above is a maximum of the Usage Fee that has been paid by the User to PT Jurnal Consulting Indonesia (excluding applicable taxes ) with subject to the following requirements:
    1. You are obliged to submit a request for compensation to PT Jurnal Consulting Indonesia no later than 30 (thirty) calendar days from the time the loss occurs or from when the User becomes aware of the loss that the User has experienced, whichever occurs first;
    2. if You, your Affiliates, and/or other parties jointly use the Mekari Stream Service and actual losses only occur to certain parties, Mekari Stream will compensate up to the costs paid by the relevant party and;
    3. Our compensation is limited to the fees paid for the current Active Period. However, if the Active Period lasts more than 12 (twelve) months, then the calculation of compensation will be limited to a maximum of 12 (twelve) months.
  3. We will determine the amount of compensation that will be paid to You based on internal checks carried out through our system. The compensation decision provided by Mekari Stream  is final and binding, so that by accepting compensation from Mekari Stream, You guarantee that there are no bills, costs, claims, demands or other obligations that have arisen or may arise, which can be billed by You to Mekari Stream  in connection with matters regulated in this Article.
  4. To the extent permitted by applicable law, there is no liability from Mekari Stream  to You (or anyone claiming rights derived from the rights of another party) for any actual or anticipated loss of income, profits, contracts or business (whether direct or indirect, loss of data, and/or any loss or damage that is incidental, indirect or consequential, in any case arising under or in connection with this T&C, whether by contract, tort (including negligence), breach of duty under law or others.

8. PERSONAL DATA AND SYSTEM SECURITY

  1. For all Personal Data that We obtain from You in accessing and using the Service, You give Mekari Stream  legal consent to obtain, access and store the Personal Data entered by You into the Mekari Stream Service in order to access and use the Mekari Stream Service optimally.
  2. You warrant that:
    1. You have obtained a valid license, permission, authority from each owner of Personal Data whose Personal Data will be provided or disclosed to Mekari Stream for the purpose of implementing the service;
    2. every employee, party, vendor, agent, representative of any of You who will use the Service has known and understood all the provisions imposed through this T&C as if each party mentioned was a Party to this T&C.
  3. You agree not to take the following actions:
    1. use the Service or any features contained therein for any purpose other than to implement this T&C;
    2. disclose, sell, share, provide any content, information, features, service available on the Service without Mekari Stream written consent;
    3. intervene with or disrupt any server, network, feature or platform available on the Service; and
    4. reproduce or make efforts to extract the source code of any software or related systems provided by Mekari Stream .
  4. You are responsible for configuring and maintaining access controls for your selected use of the Mekari Stream Service, including protecting and maintaining your Personal Data in a manner that You deem adequate, such as implementing appropriate security, protection, deletion and backup for your Personal Data.

9. GOVERNING LAW AND DISPUTE SETTLEMENT

  1. This T&C will be governed and interpreted in accordance with the laws of the Republic of Indonesia.
  2. All disputes arising between You and Mekari Stream related to the implementation and interpretation of this T&C will be resolved amicably, within 30 (thirty) days after the dispute is notified to the other Party.
  3. Before contacting another party directly to negotiate to resolve a problem or dispute, You agree not to publish, write or copy in any media that could put Mekari Stream in a detrimental state.
  4. If no consensus is reached as regulated in letter b of this Article, the Parties agree to resolve the dispute at the Indonesian National Arbitration Board located at Wahana Graha Fl. 1 & 2, Jl. Mampang Prapatan No. 2, Mampang-Jakarta.
  5. As long as the dispute is still in the process of being resolved, You are still obliged to carry out the respective obligations that must be fulfilled in accordance with this T&C or other documents (as relevant).

10. TERMINATION

  1. The Parties agree that use of the Service can be terminated early by either Party with a minimum of 30 (thirty) calendar days prior notice from one Party to the other Party before the end of the Active Period if the following events occur:
    1. a violation of the contents of this T&C which is proven to have been committed by one of the Parties;
    2. if one of the Parties is dissolved and liquidated either based on his own wishes or based on a court and/or government decision; and/or
    3. one of the Parties is in bankruptcy and postponement of debt payment obligations which affects the implementation of this T&C,
    4. where the conditions mentioned in the three provisions above can be terminated immediately by the Parties based on notification from one Party to the other Party.
  2. In the event that We terminate User’s use of the Service due to User’s error or violation of the matters regulated in this T&C, then We have the right to terminate User Account at any time even though the process of terminating use of the Service has not been completed without providing compensation in any form.
  3. In the event of early termination of use of the Service, then:
    1. We cannot refund any Usage Fee that have been paid by You; And
    2. You are obliged to pay all Usage Fee that have been set out in the T&C or other separate documents in connection with the use of the Service, whether or not the Usage Fee has been billed by Mekari Stream.
  4. Termination of use of the Service will not affect the existing rights and obligations of each Party that arose before the effective date of termination. The Parties agree to settle all pending rights and obligations no later than 30 (thirty) calendar days after the effective period of termination of service.
  5. With regard to terminating the Service, the Parties agree to ignore the provisions contained in Article 1266 of the Civil Code, so that the Parties can automatically terminate the use of this Service without going through a judicial process.

11. FORCE MAJEURE

If a Force Majeure occurs then:

  1. The Party affected by the Force Majeure will notify the other Party in writing no later than 5 (five) working days and will try its best to restore its capacity in the shortest possible time and always inform the other Party about the plans it will carry out to anticipate and reduce the consequences of the Force Majeure.
  2. If the Force Majeure  continues to cause obstacles and/or delays in implementing the provisions of this T&C for 30 (thirty) calendar days, then the Parties communicate to anticipate and reduce problems arising as a result of the incident. If a solution is found, the implementation of the T&C can be postponed and modified or terminated by a written agreement between the Parties, provided that all rights and obligations of each Party that arose before the occurrence of the Force Majeure  must still be implemented by each Party.
  3. In the event that the T&C cannot be implemented in connection with the occurrence of a Force Majeure Event then all consequences arising from the non-implementation of the T&C are the responsibility of each Party and one Party cannot sue the other Party for non-implementation of this T&C and the Party affected by the Force Majeure Event cannot will be deemed to have violated or defaulted on this T&C. Each Party experiencing a Force Majeure Event shall provide a written report to the other Party regarding its inability to fulfill the obligations contained in this T&C due to the matters mentioned above.

12. OTHERS

  1. Transfer. Neither party may transfer or subcontract its rights under this T&C without prior written consent from the other party, however Mekari Stream has the right to transfer this T&C to entities within the Mekari Stream group of companies.
  2. Language. If this T&C is provided in various language versions, and there are differences between one language and another, the Indonesian language version will apply.
  3. Separation. If any provision or part of a provision in this T&C is deemed invalid, void, unenforceable, or violates applicable law, such invalidity will not void all terms and conditions in this T&C. You agree that the provisions that are still considered valid in this T&C will remain in effect and Mekari Stream will, with its best efforts, try to change any provisions that are invalid, void, unenforceable, or unlawful so that they comply with applicable laws in Indonesia.
  4. Notification or Contact. Notices from Mekari Stream addressed to You will be provided via our platform or via the email registered in Your account. Notifications addressed to You are deemed to have been received after We send the notification to You. A notification from You addressed to Mekari Stream will be effective if the notification has been received by Mekari Stream via (i) our email address at mekari-stream@mekari.com and/or (ii) via a letter or physical document sent to our address at Mid Plaza 2 Floor 4 – Jalan Jenderal Sudirman No. 10-11, Karet Tengsin, Tanah Abang, Central Jakarta, DKI Jakarta, Indonesia 10220.
  5. Access Freeze. You understand and agree that based on Mekari Stream’s sole discretion, Mekari Stream has the right to terminate this T&C and/or terminate, revoke and/or deny access to the Mekari Stream Service, in part or in whole and either temporarily or permanently, with/without notice previously, if it is suspected that the following things have occurred (i) You do not fulfill the payment conditions as regulated in this T&C, (ii) there are indications of fraud, data theft, fraud, failure to fulfill one or all of this T&C, there is a violation of the provisions of laws and regulations applicable or other reasons, therefore any losses arising as a result of these actions are not Mekari Stream’s responsibility, and Mekari Stream is not obliged in any case to provide any compensation to You for this matter.

MEKARI CAPITAL PRODUCT TERMS OF USE

Last modified on: 2 October 2024

 

PLEASE READ THESE MEKARI CAPITAL SERVICE TERMS OF USE CAREFULLY.

Welcome to the Mekari Capital platform, a Service (as defined below) owned and managed by PT Cipta Fasilitas Satu (“CFS”)  or its related Affiliation. These Mekari Capital Product Terms of Use (hereinafter referred to as the “Terms of Use”) is an agreement between You (“User”) and CFS (individually as the “Party” and collectively as “The Parties”), which governs Your access to and use of the product website application and services provided by us and/or our Affiliation. These Terms of Use regulate  the use of the Service by CFS, which is offered based on existing and applicable business licenses or in cooperation with relevant Partners. This Terms of Use consist of, and should be read in conjunction with, the following documents:

  • Mekari Platform Terms of Use;
  • Product Use Agreement / Subscription Form (hereinafter referred to as “Agreement”);
  • Privacy Policy.

By accessing and using the Service, creating an Account (as defined below), or using the Service (as defined below), You acknowledge that You have read, understood, accepted, and agreed to these Terms of Use, and accordingly, You agree to be legally bound by the Terms of Use and other related documents as mentioned above. If You do not agree to these Terms of Use, please refrain from accessing and using the Service.

This Service is intended for use by (i) individuals who are at least 18 (eighteen) years old and have the legal capacity to become a party in a binding agreement; (ii) business entities and/or legal entities represented by an official representative and have the legal capacity to become a party in a binding agreement; (iii) it cannot be used by individuals, business entities, or legal entities whose use may potentially be considered or already unlawful. If You meet these qualifications, You are permitted to use the Service.

These Terms of Use may be amended, modified, added or updated in part or in whole from time to time by CFS. By continuing to access or use the Service, You agree to these Terms of Use as amended.

1. DEFINITION

The terms used in this Terms of Use have the following meanings:

Account” means any account in the name of a User registered on the Platform managed by CFS.

You” or “User” means any person who accesses and/or uses the Service.

We” or “CFS” means PT Cipta Facilitas Satu.

Service” means the service provided by the Platform to facilitate the transaction of information technology-based collective financing services provided by the Partner to the User contained in the Platform.

Mekari” means the affiliated parties of CFS that directly or indirectly control, are under common control with, or are controlled by CFS to support CFS in performing this Service, including but not limited to:

  1. PT Mid Solusi Nusantara, which is limited to the process of providing products in the form of a human resources information system application that can be accessed through www.talenta.co;
  2. PT Jurnal Consulting Indonesia, which is involved in the process of providing products in the form of opening applications and business/company accounting that can be accessed through www.jurnal.id.

Partner” means a legal entity that provides information technology-based collective financing services in collaboration with CFS and is supervised by the Financial Services Authority (OJK).

Platform” means a digital platform or marketplace to facilitate transactions of Partner and User for information technology-based collective financing services known as Mekari Capital.

2. GENERAL PROVISIONS

  1. We are solely the provider of the Platform which functions as a means of connection between Partner and User in connection with the granting and disbursement of loans based on the Service. Therefore, We do not act as a creditor or lender of the loans referred to in this Terms of Use and the loan agreement between the Partner and the User.
  2. The legal relationship arising in the provision of loans and their implementation is between the Partner and the User, and therefore all risks and responsibilities for loans and transactions that occur on the Service and its implementation are fully borne by each of the Partner and User.
  3. We may provide certain links on the Platform that refer or direct you to the Partner’s and/or third party’s website or application designated by the Partner or CFS. You acknowledge and agree that CFS is not responsible for the information, content and/or other materials contained in the links belonging to such Partners and/or third parties.
  4. You promise to only use the Platform and/or Service solely for the purpose of using the Platform and/or Service provided by CFS or its related Partner as set forth in the Terms of Use, including accessing information regarding the Service, and will only use access that is authorized or entitled to use. You promise not to use the Platform and/or the Service for any purpose, activity, attempted or any action, which is unlawful.
  5. We may take steps or take measures that are possible in accordance with the provisions of applicable law, including but not limited to, disabling or closing or not providing access to the Platform and/or the Service, conducting examinations or investigations and collecting data on User activities through the Platform, submitting reports to the competent authorities, issuing warning letters, terminating this Terms of Use, filing claims or lawsuits, and/or take any available legal remedies or proceedings based on the provisions of applicable laws and regulations, in the event that there are indications of fraud, provision of incorrect or misleading information, data and/or documents, violation of this Terms of Use, and/or applicable laws and regulations by the User. We may engage and/or cooperate with independent third parties and/or law enforcement officials in taking the actions mentioned above.
  6. We have the right to monitor the access, activity, use of the Platform and/or Service by the User to ensure the User’s compliance with this Terms of Use or to comply with the provisions of applicable laws and regulations or even court orders or other competent authorities.

3. TERMS OF ACCOUNT AND PLATFORM ACTIVATION

  1. You may use the Service once You have completed the initial electronic registration process available on the Platform, and have an Account. To create an Account, you must (a) fill in and provide information, data and/or documents accurately and completely, (b) fulfill all terms and conditions stated on the Platform, and (c) carry out all mandatory procedures, as required or determined by CFS and/or the Partner from time to time at CFS and/or the Partner’s sole discretion.
  2. Activation of the Platform is done by activating your Account on the application you use in the Mekari ecosystem.
  3. Apart from completing the initial registration for the creation of an in-app Account that you use in the Mekari ecosystem, You can only use the in-Platform Service after completing the Know Your Customer (“KYC“) process contained in the Platform or the relevant Partner’s platform. You must agree to this Terms of Use first to be able to proceed to the loan application page contained in this Service.
  4. In the event that is required by applicable legal provisions, We have the right to from time to time request the User to fill in and/or provide certain information, data and other documents as required, including electronically, to CFS. You agree that in the event that in the future there are changes to the information, data and documents that you have provided to CFS, You will immediately update the information, data and documents by providing and submitting the changes to CFS through the Platform or the email listed on the Platform, as relevant. We have the right to approve or reject the registration and creation of an Account and/or KYC for the Service requested by the User. You agree that any information, data and documents that have been provided and submitted to CFS may be provided and submitted to the Partner for the purpose of using the Service.
  5. In connection with the activation of the Platform mentioned above, We have the right to request from You, and You are obliged to provide the data, information and/or documents required in a correct, complete and accurate manner in the activation process through the application in the Mekari ecosystem that You use for the implementation of KYC in accordance with laws and regulations and/or based on Our and/or Partners’ internal policies,  that apply.
  6. Documents required in connection with the use of the Service, including but not limited to:
    1. Individual:
      • Identity Card;
      • Taxpayer Identification Number (NPWP);
      • Bank statement for the last 3 (three) months;
    2. Family Card.
      • Business entity/legal entity:
      • The Deed of Establishment and its amendments, including the last articles of association and any relevant Decree of the Ministry of Law and Human Rights;
      • Taxpayer Identification Number (NPWP);
      • Business licensing documents in the form of Business Identification Number (NIB), Business License, Operational/Commercial License, and business license from the authorized authority; 
      • KTP and NPWP of each Board of Directors and Board of Commissioners;
      • Identity documents of the Shareholders, both individuals and business entities/legal entities.
      • Bank statement for the last 3 (three) months;
      • Minimum 3 (three) bill recording documents/purchase orders;
      • Financial Statements showing profit and loss statements as well as financial balance sheets signed and stamped by internal or external auditors for the latest 2 (two) years.

    The aforementioned required documents (“KYC Documents“) may be determined or amended from time to time at CFS or the Partner’s sole discretion.

  7. At Our sole discretion, We have the right to conduct checks on the User from time to time, including but not limited to, requests to the User to show a proof of identity or other documents that We deem necessary, and the User understands and agrees that We have the right to terminate or deny access to the Service in the event that the User refuses to provide a proof of identity or other documents.
  8. You warrant and ensure that the KYC Documents provided to Us in relation to Your data are not in dispute.
  9. In the event that KYC for the Service has been approved by CFS and/or the Partner, you are deemed to have activated the Service so that you have the right to access information regarding the Service, including but not limited to, (a) giving consent and authorization to CFS to manage the Account; and (b) carry out transactions in the form of loan application, receiving disbursements on loans, making repayment of outstanding loans.
  10. You hereby release Us from all demands, claims, losses that occur from the violation of this Terms of Use.
  11. We have the right to suspend Your use of the Service if the KYC Document provided is considered incomplete and/or incorrect.

4. TERMS OF USE OF THE SERVICE

  1. The Service in this Terms of Use are financing services offered to you based on CFS’s cooperation with Partner.
  2. To be able to access and use the Service, You need to follow the registration process and other activation steps as arranged by the Partner, and complete the KYC Document (as required). We are not responsible for the consequences that occur if there is untrue, inaccurate, or misleading information regarding the data and information posted by you on the Partner Platform that causes losses to third parties.
  3. You understand that the service standards and service level agreements (“SLAs“) for the examination and verification of the registration process as well as the disbursement process will follow the terms of the Partner and therefore you hereby release us from all demands and claims arising from any obstacles, non-conformities, refusals, withholding made by the Partner.
  4. We and/or Partner have the right to restrict, withhold or reject Your application for the Service, if You are not willing to provide all the requested requirements or your KYC Documents do not meet or comply with the requirements of Us and Partner.
  5. By registering on the Platform, you hereby warrant that:
    1. Any information you provide to Us is true, accurate, complete, and not misleading;
    2. You will use the loan in accordance with the usage plan as stated in Your loan application;
    3. You are solely responsible for the loan and all legal consequences arising therefrom; and
    4. You will not do anything that may limit or reduce Our rights as set forth in this Terms of Use.
  6. You hereby give Us unconditional and irrevocable consent to forward the KYC Documents, submit any notices or information to the Partner and/or credit rating agencies (“Selected Third Parties“) in connection with You, in order to provide and/or develop the Service. You also agree to indemnify Us for any loss or damage arising from the failure of the Selected Third Party to secure such information. You fully acknowledge that this consent is given without force, in a capable condition, and in a conscious state.
  7. The SLA for the Service refers to the Platform service standards published by CFS and/or Partners and may change from time to time without prior notice to You.

5. TERMS OF USE THE SERVICE 

In the event that You have activated and will use the Service, You must comply with and fulfill the requirements to use the Service by You contained in the Platform or required by the Partner.

6. TERMS OF PAYMENT FOR SERVICE

  1. If You agree to use the Service, and have fulfilled the KYC Documents as described in the Terms of Use of the Service above, then You have an obligation to comply with this Terms of Payment for Service.
  2. For the Loan that You have received and used in accordance with the usage plan as stated in Your loan application, You must pay it in accordance with the tenor period and mechanism that has been agreed in Your loan agreement.
  3. You can view the details of Your loan installment payment in the form of installment payments, remaining payments, payment dates, etc., through the Platform or request the details of such information to Us through our email at merchant-financing@mekari.com or Whatsapp Business Number +62 821-1371-2993.

By clicking the “Agree” button on this Terms of Use page, You declare that you have read, understood, and agree to be bound and subject to all provisions contained in these Terms of Use.

 

MEKARI PAY PRODUCT TERMS OF USE

Last modified on: 2 October 2024

 

PLEASE READ THESE MEKARI FLEX PRODUCT TERMS OF USE CAREFULLY.

Welcome to the Mekari Pay platform, a Product (as defined below) owned and managed by PT Cipta Fasilitas Satu (“CFS”) or its related Affiliates. These Mekari Pay Product Terms of Use (hereinafter referred to as the “Terms of Use”) is an agreement between You (“User”) and CFS (individually referred to as the “Party” and collectively referred to as the “Parties”), which governs your access to and use of the applications, websites, products and services provided by Us and/or Our Affiliates (hereinafter referred to as the “Product”). These Terms of Use regulate the use of the Product (as defined below) by You and the provision of the Product by CFS provided based on existing and applicable business licenses or in collaboration with relevant Partners. These Terms of Use consist of and must be read as an integral part of the following documents:

  • Mekari Platform Terms of Use;
  • Product Usage Agreement/Subscription Form (hereinafter referred to as “Agreement”); and
  • Privacy Policy.

By accessing and using the Product, creating an Account (as defined below) or using the Product (as defined below), You acknowledge that You have read, understood, accepted, and agreed to these Terms of Use, and therefore You have agreed to be legally bound by the Terms of Use and other documents related to these Terms of Use as stated above. If You do not agree to these Terms of Use, please do not access and use this Product.

This Product is intended for use by (i)  individuals who are at least 18 (eighteen) years old and have the legal capacity to be a party that can be bound in a binding agreement; (ii) business entities and/or legal entities represented by authorized representatives and have the legal capacity to be a party to a binding agreement; and/or (iii) it cannot be used by individuals, business entities or legal entities that may make its use potentially, considered or already violate the law. If You have met these qualifications, You are permitted to access or use the Product.

These Terms of Use may be amended, modified, added or updated in whole or in part from time to time by CFS. By continuing to access or use the Product, You are deemed to have agreed to these Terms of Use and all changes.

1. DEFINITIONS

The terms used in these Terms of Use have the following meanings:

Affiliate” means affiliated parties of CFS who directly or indirectly control, are under joint control with, or are controlled by CFS to support CFS in implementing this Service, including but not limited to PT Jurnal Consulting Indonesia, which is involved in the process of providing products in the form of applications for opening or accounting for businesses/companies that can be accessed via www.jurnal.id.

Mekari Pay Account” means any account in your name in the form of an identification gateway issued by Us and/or Partners to you, as applicable, for the purpose of using the Service.

You” means anyone who accesses and/or uses the Service.

We” or “CFS” means PT Cipta Fasilitas Satu.

Service” means features or applications that can be used including but not limited to receiving payments and sending funds created, managed, developed by CFS, Affiliates and/or in collaboration with Partners.

Partner” means a legal entity that provides payment system services in collaboration with CFS and is supervised by Bank Indonesia.

Platform” means a digital platform or marketplace owned or managed by CFS to facilitate payment receipt and fund transfer transactions offered and provided by Partners.

2. GENERAL PROVISIONS

  1. The services in these Terms of Use are payment acceptance and fund transfer services offered to you based on cooperation between CFS and Partners.
  2. In the event that you have activated and will use the Services, you are required to comply with and fulfill the requirements for using the Services by you contained in the Platform or required by the Partner.
  3. You understand that the service standards and service level agreements (SLA) in the provision of services and the registration inspection and verification process follow the provisions set by the Partner, and therefore you hereby release Us from all demands and claims arising from any obstacles, inconsistencies, rejections, detentions carried out by Us. The SLA for the provision of Services and the registration inspection and verification process refers to the Platform service standards issued by CFS and/or Partners and may change from time to time without prior notice to you.
  4. We have the right to limit, withhold or reject your application for the Service, if you are not willing to provide all the requested requirements, your required documents do not meet or comply with Our requirements, and/or there is use of Our Services that is not in accordance with applicable regulations or these Terms of Use.
  5. By registering for and using Our Services, you hereby represent and warrant that:
    1. All information you provide to Us is true, accurate, complete, and not misleading;
    2. The funds used in the context of transactions on the Service and/or fees charged and enforced based on these Terms of Use are legitimate sources of funds, and are not funds originating from money laundering, funding of terrorism activities, gambling, corruption, illegal logging, and other criminal acts that violate applicable laws and regulations or constitute a violation of the interests of any party.
    3. You will use the Service in accordance with the intended use of the Service;
    4. You are fully responsible for the use of the Service and all legal consequences arising from it;and
    5. You will not do anything that can limit or reduce Our rights as stipulated in these Terms of Use.
  6. You hereby give unconditional and irrevocable consent to Us to create a Mekari Pay Account, marketing, explanation, and/or billing in connection with the use of the Service. We will use and provide information/data from You to Partners in connection with the use of the Service and in order to provide and/or develop the Service. You also agree to indemnify Us for any loss or damage arising from the Partner’s failure to secure such information. You fully acknowledge that this consent is given without coercion, in a competent condition, and in a conscious state.
  7. We will maintain the confidentiality of Your personal information/data, and will use Your personal information/data only for the purposes of implementing and using the Service.
  8. You promise to only use the Platform and/or Service solely for the purpose of using the Platform and/or Service provided by CFS or the relevant Partner as stipulated in the Terms of Use, including accessing information regarding the Service, and will only use access that is permitted or has the right to be used. You promise not to use the Platform and/or Service for any purpose, activity, attempted attempt, or take any action, which is against the law.
  9. We may take steps or undertake efforts that are possible under applicable laws, including but not limited to, disabling or closing or not providing access to the Platform and/or Services, conducting checks or investigations and collecting data on your activities through the Platform, submitting reports to the relevant authorities, issuing warning letters, terminating these Terms of Use, filing claims or lawsuits, and/or taking any legal efforts or processes available under applicable laws and regulations, in the event of any indication of fraud, provision of incorrect or misleading information, data and/or documents, violation of these Terms of Use, and/or applicable laws and regulations by you. We may involve and/or cooperate with independent third parties and/or law enforcement officers in taking the actions as mentioned above. 
  10. We reserve the right to monitor your access, activity, use of the Platform and/or Services to ensure your compliance with these Terms of Use or to comply with legal requirements.

3. SERVICE ACTIVATION TERMS

  1. You may use the Service after you have completed the initial electronic registration process available on the Platform, and have a Mekari Pay Account. To create a Mekari Pay Account, you are required to (a) fill in and provide information, data and/or documents accurately and completely, (b) fulfill all terms and conditions stated on the Platform, and (c) carry out all mandatory procedures, as required or determined by CFS, Affiliates and/or Partners from time to time at the full discretion of CFS, Affiliates and/or Partners.
  2. Activation of the Platform is carried out by you activating a Mekari Pay Account on the application that you use in the Mekari ecosystem.
  3. You may only use the Service on the Platform after completing the Know Your Customer (“KYC”) process contained in the Platform or the platform owned by the relevant Partner. You must agree to these Terms of Use first in order to proceed to the Service application page contained in this Service.
  4. In the event that it is required by applicable laws, We have the right from time to time to ask you to fill in and/or provide information, data and documents and information needed correctly, completely, and accurately in the activation process through the Platform in connection with the implementation of KYC in accordance with applicable laws and/or based on Our internal policies and/or Partners. We have the right to approve or reject the registration and creation of a Mekari Pay Account and/or KYC for the Services requested by you. You agree that any information, data and documents that have been provided and submitted to CFS can be provided and submitted by Us to Partners for the benefit of using the Services.
  5. Information, data and documents required in connection with KYC, including but not limited to:
    1. Individuals:
      • Owner’s Identity Card (KTP);
      • Taxpayer Identification Number (NPWP);
      • Selfie with Owner’s KTP.
      • Bank account information;
      • Telephone number;
      • Email address; and
      • Website or application site.
    2. Business entity/legal entity:
      • Deed of Establishment and its amendments including ratification of the Decree of the Ministry of Law and Human Rights;
      • Taxpayer Identification Number (NPWP);
      • Business License and/or Business Identification Number (NIB) (as relevant); and
      • Owner/Director’s ID card (as relevant).
      • Product/business name;
      • Business description;
      • Bank account information;
      • Telephone number;
      • Email address; and
      • Website or application site.

    The above required documents (“KYC Documents“) may be determined or changed from time to time at the sole discretion of CFS or Partner.

  6. You guarantee and ensure that the documents provided to Us relating to Your data are not in dispute, and hereby release Us from any demands, claims, losses arising from violations of these Terms of Use.
  7. We have the right to suspend/close your use of the Service if the KYC Documents provided are deemed incomplete and/or incorrect.

4. TERMS OF USE OF SERVICES

In the event that you have activated and will use the Service, you must comply with and meet the requirements for using the Service as follows:

  1. Billing. In billing your customers, you can bill using an electronic system supported by Us. The billing you do will be the same as the billing contained in the Platform, where We only forward the information to your customers through the electronic system. You are required to re-check all bills that you give to your customers to avoid losses or loss of profit for you. You hereby release Us from responsibility for errors and/or negligence that you or your customers make in billing that causes losses or loss of profit to you.
  2. Bill Payment. In the billing that you do through the Service, your customers can choose the available payment method and continue the bill payment process. The value and information regarding the payment to be made by the customer is the same value and information as the bill you send to your customer. You hereby declare that you have understood and agree that the processing of bill payments is entirely the responsibility of the Partner. Your customer’s payment will be received by Us in your virtual account. The estimated time for receipt of a payment is in accordance with that which applies from time to time by Us or the Partner related to the processing of this payment.
  3. Fees. We have the right to charge a fee for your use of Mekari Pay which will be charged to you for each transaction. The fee will be deducted from the payment that you should receive from your customer, calculated from the value of the payment by your customer. We have the right from time to time to make changes to these Terms of Use including but not limited to matters governing fees to adjust to business developments and applicable legal provisions. Changes to these Terms of Use will be notified to you before the changes become effective. By continuing to access and use the Mekari Pay Feature, you declare that you have read, understood and agree to be bound by the changes to these Terms of Use.
  4. Chargeback. If your customer submits a chargeback and the buyer is entitled to payment for the purchase of your goods and/or services, then you are obliged to make a payment in the amount of the chargeback imposed. We have the right to withhold payments made by your customers through Mekari Pay until all your obligations are met or to charge you directly for the chargeback. You can learn about the chargeback process on this site.
  5. Withdrawal. You can also withdraw your Mekari Pay balance. The balance you withdraw will go into the bank account you registered when activating Mekari Pay. In the event that the processing of Mekari Pay balance withdrawals is carried out by the Partner, then you hereby declare that you have understood and agreed that the processing of bill payments is entirely the responsibility of the Partner and the estimated time for funds to be received into the registered bank account is in accordance with that applicable from time to time by the Partner. 6. Dormant Mekari Pay Account. If you do not have any transactions within 90 (ninety) calendar days after the go-live date or your last transaction date (“Dormant”), We may consider the Mekari Pay Account to be Dormant, and We will send you a written notification to inform you that your Mekari Pay Account has been considered Dormant. With a Dormant Mekari Pay Account, all Services will be deactivated. To reactivate your Mekari Pay Account in order to use the Services, you will be asked to re-send some information and/or documents to Us to re-conduct customer due diligence as required by applicable laws.
  6. Termination of Use. If you are inactive in using the Service for 12 (twelve) consecutive months, we may assume that you have stopped using the Service and we have the right to terminate the Service. In the event that there is a remaining balance in the Mekari Pay Account without any transaction activity, and we do not receive instructions from you to forward or refund the funds, we have the right to and you hereby authorize us and/or the Partner to transfer the funds to the Estate Agency (“BHP”), in accordance with applicable regulations. We will try to send a written notification to your last registered email or physical address in our system. You agree that once we transfer the funds to BHP in accordance with this Clause, we are no longer responsible for the funds and you will be directly involved with BHP to claim the funds. We can assist in providing documentation of ownership, transfer data and dates, and any relevant information or data, for you or your successor/heir (if you are an individual) for the purpose of claiming the funds from BHP. You understand and accept that BHP has sole discretion whether to release funds that may be claimed by you, and you will release Us and/or the Partner from any difficulties or failures in claiming such funds.
  7. Miscellaneous. In order to make these Terms of Use enforceable in accordance with the laws and regulations in force in Indonesia, We and/or the Partner have the right to provide you with an agreement or other documents for you to agree to and request documents required for the benefit of Us or the Partner related to the implementation of the Services. By agreeing to these Terms of Use, you state that you are subject to the terms and conditions of the Partner. You hereby state and warrant that We are not responsible for the implementation of the Partner’s terms and conditions and release us from any losses or loss of potential profits due to any errors or negligence of the Partner in implementing the terms and conditions including but not limited to the processing of payments and/or the security of your data that We send to the Partner. You understand that these Terms of Use are made and prepared as electronic documents as referred to in the applicable laws and regulations. If at a later date these Terms of Use are required to be signed by each related party, then each party agrees to sign it electronically and all costs arising from such electronic signing will be borne by you and billed by us.

5. OTHER PROVISIONS

  1. All matters relating to access to, or use of, the Services and/or Platform are governed and created under Indonesian law. Failure to meet these requirements constitutes unauthorized and illegal use of the Services and/or access to Our Platform.
  2. Our Intellectual Property, including but not limited to copyrights, patents and trademarks for and on behalf of Us are fully owned and become Our fixed assets. You should assume that everything You read or see in connection with Your use of Our Services is Our intellectual property, or a third party who licenses the right to use such intellectual property to Us. Except as expressly stated, everything You read or see in connection with Your use of Our Services or any source code or HTML code We use to generate the Services, may not be copied, reproduced, modified, distributed, transmitted, republished, displayed, or used commercially without Our prior written consent, unless permitted by applicable laws and regulations.
  3. We reserve the right to take any legal action we deem appropriate in response to any violation or alleged violation by you of our Intellectual Property, including but not limited to suspension or termination of access and/or account closure. We may cooperate with legal authorities and/or third parties in the investigation of any suspected crime or civil violation. Except as may be expressly limited by the Privacy Policy, We reserve the right at all times to disclose any information We deem necessary to satisfy any law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Our sole discretion.
  4. These Terms of Use may be changed, modified, supplemented or updated from time to time without prior notice. We recommend that You read carefully and check this Terms of Use page from time to time for any changes. By continuing to access and use Our Platform and Services, You are deemed to have agreed to the changes in these Terms of Use.
  5. Unless otherwise stated, any additional Services will also be subject to these Terms of Use effective as of the date of such addition.
  6. In the event of any discrepancy between these Terms of Use and any marketing media (including but not limited to online media), these Terms of Use shall apply.
  7. Other provisions not expressly regulated in these Terms of Use shall refer to the provisions regulated in other terms & conditions regulated in the Platform.
  8. You hereby release Us from all forms of responsibility and are required to compensate for all losses We experience due to misuse of the Platform, including the Service in the event of a violation of the Terms of Use, and other terms & conditions regulated in the Platform.

By clicking the “Agree” button on this Terms of Use page, You declare that you have read, understood, and agree to be bound and subject to all provisions contained in these Terms of Use.

TERMS AND CONDITIONS OF
MEKARI PAYROLL SERVICE PRODUCT USAGE

Last modified on 13 November 2024

 

Welcome to Mekari Payroll Service! Thank you for your interest in using Mekari Payroll Service! By using Mekari Payroll Service in the form of attendance management, payroll, employee tax calculations, and/or other services (hereinafter referred to as the “Service”), you acknowledge that you have carefully read, understood, and accepted these Terms and Conditions (“T&Cs”), whether you represent yourself or a legal entity that you legally represent. These T&Cs are an integral part of the Mekari Platform Terms of Use, Usage Agreement, Privacy Policy, and other provisions as available on the Mekari Payroll Service Application from time to time.

These T&Cs contain and incorporate an agreement or contract between Mekari Payroll Service (“Mekari Payroll Service” or “we” or “our” or “us” or “PT Mid Solusi Nusantara” or “MSN”) and individuals or entities included in one of the following categories (collectively hereinafter referred to as “You” or “Your”):

  • visitors to www.talenta.co and/or other URLs owned by MSN (“Sites”) and/or mobile applications, platforms, and other web applications owned by MSN (“Apps”);
  • users of our Services (“Users”); and/or
  • users of our other products (“Clients”).

These T&Cs may be changed or updated in part or in full from time to time without prior notice to Users and/or Clients, which will apply from the time they are uploaded to the Application and/or Site.

UPDATE

We recommend that you check the Site for any changes to these Terms of Service from time to time. By continuing to access or use the Service, you are deemed to have agreed to these Terms of Service and all changes.

COMMUNICATION, NOTICE, AND ACCEPTANCE

  1. By this, you agree to receive communications and notices in any form, whether electronic or non-electronic, related to our Application, Site, and Services, including but not limited to marketing and promotional information regarding our Services. You acknowledge, understand, and agree that any communication sent by us has met all legal requirements for written communication and the specific delivery method specified in applicable laws and regulations.
  2. You are required to comply with all provisions set out in the Usage Agreement (if any), including provisions regarding the cost of using this Service, payment provisions, and other technical provisions as relevant. The Usage Agreement is a separate document but is an integral part of the T&C of this Service. If there is a conflict or difference in interpretation between the T&C of this Service and the Usage Agreement, the provisions in the Usage Agreement shall apply.

BY ACCESSING OR USING THE SERVICES OR DOWNLOADING ANY MATERIALS FROM THE APPLICATION OR SITE, YOU AGREE TO AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT ELIGIBLE TO ACCESS OR USE THE SERVICES AND OUR APPLICATION OR SITE, AND YOU SHOULD IMMEDIATELY STOP ACCESSING OR USING OUR SERVICES, APPLICATION, AND SITE.

1. DEFINITIONS

Account means a unique personal or organizational account(s) with associated access credentials, created for the purpose of accessing and using the Services and enabling Authorized Users to access and use the Services.

Service User means any employee, representative, Affiliate, partner, firm, legal entity, ministry, institution, organization, and/or other party who is given an Account by the User or Client to access and use our Services. Service Users are classified into Authorized Users and Invented Users.

Authorized User means any Service User who has an Account and uses a registered email address to access and use our Services.

Invited User means any Service User invited by an Authorized User to use certain of our Services who does not have an Account.

Affiliate means any person or entity, any person or entity that is directly or indirectly controlled by such person or entity or is under common direct or indirect control with such person or entity. For the purposes of this definition, “control,” when used with respect to any person or entity, means the authority to direct or cause the direction of the management or policies of such a person or entity, whether through ownership of voting securities or by contract or otherwise. The terms “controls” and “controlled” have the same meanings as above.

Parties means us and the User or Client together. However, individually referred to as a Party.

User Agreement means a user agreement signed by the Parties and/or a subscription form signed by the User or Client separately which sets out the detailed terms and conditions regarding the use of the Services or Products.

Active Period means the period of time during which an Account is active to access and use our Services or Products, which is usually stated in the User Agreement.

Service Fee is the price paid by the User or Client to be able to access the Service Account during the Active Period as stated in the Usage Agreement and/or other documents.

Calendar Day means a day based on the Gregorian calendar, including red dates or holidays determined by the Government of the Republic of Indonesia.

Working Days are Monday to Friday, excluding red dates or holidays determined by the Government of the Republic of Indonesia.

URL or url means a series of listed websites, containing folder names, language protocols, and so on.

Mekari Talenta or Talenta is our service in the form of a cloud-based Human Resources (HR) management system designed to simplify and automate various HR processes. Mekari Talenta offers a comprehensive set of tools and features that enable businesses to manage employee data, attendance, leave management, payroll, performance evaluation, and others efficiently.

2. TECHNICAL PROVISIONS AND SERVICE PERIOD

  1. In order to provide the Services by MSN, Users are required to register, activate, and subscribe to the human resources software called Talenta which is managed by MSN (hereinafter referred to as the “Talenta Account”).
  2. The Service Period will follow the Active Period of Talent usage unless the User submits a written request to terminate the Service to MSN no later than thirty (30) Calendar Days before the end of the Service Period.
  3. In connection with the provision of Services to Users, then:
    1. User will provide User Data (as defined below) to MSN in a timely manner in accordance with the terms set forth by MSN, which includes but is not limited to:
      • Payroll component data;
      • Attendance data;
      • Company policy information and changes;
      • Employee expense registration information; and/or
      • Other information in connection with payroll processing;
    2. MSN sets certain schedules for the smooth running of the payroll process for Users as long as the User Data is received by MSN on time according to the provisions imposed by MSN. If the set date falls on a National Holiday, MSN will submit the payroll report on the next Business Day.
  4. For all data, information, and/or documents (“Data”) that the User submits to MSN in connection with the provision of the Service, the User agrees and guarantees the accuracy and validity of the Data when submitted or disclosed to MSN. In the event that MSN requests User confirmation of the payroll report that has been prepared by MSN and within a certain time period determined by MSN, the User does not submit any confirmation, objection, or proposed revision to the report, then the report is considered final and cannot be contested. Under any circumstances after the confirmation period determined by MSN, MSN is not responsible for any inaccuracies, errors, deficiencies, or other mistakes in the payroll report that MSN has issued.
  5. Users may be provided with limited consultation on payroll reports published by MSN.
  6. The User understands, acknowledges and agrees that in providing the Services to the User, MSN has sole discretion to implement the processes and/or systems applicable to MSN, including but not limited to payroll processes, which are necessary in connection with the provision of such Services.

3. SERVICE FEES AND TERMS OF PAYMENT

  1. Invoice for Service Fees as stated in the Form Additional Notes and Tax Invoice will be sent by MSN to the User (“Billing Document”). If payment is made using the payment installment method, then the Billing Document for each installment payment will be provided to the User if requested in writing by the User.
  2. In the event of a request for correction from the User regarding the Billing Document, the User must submit a maximum of seven (7) Calendar Days after the Billing Document is sent. The request for correction can be sent via email to billing@mekari.com and tax@mekari.com. If after seven (7) Calendar Days there is no request for correction from the User, then the Billing Document is considered correct and MSN cannot make changes to the Billing Document that has been sent.
  3. In the event that the number of User employees using the Service is greater than the Usage Limit (as stated in the Additional Notes to this Form), MSN will charge an additional fee and the User is required to make payment for the difference in the number of employees.
  4. Service Fees paid by the User are non-refundable under any circumstances.
  5. MSN has the right to suspend or freeze the User’s Services and/or Talent Account if the User does not make payment according to the specified time.
  6. Each Party is responsible for the taxes that must be paid in accordance with the provisions of applicable laws and regulations.
  7. In the event that the Service Period has expired and the Parties intend to extend the Service Period, then the User acknowledges and agrees that MSN has the right to determine and/or change the Service Fee. Any changes to the Service Fee will be approved by the Parties in writing.

4. NON-SOLICITATION

  1. During the Service Period and for a period of one twelve (12) months thereafter, User hereby agrees not to directly or indirectly employ or attempt to employ any employee of MSN without the prior written consent of MSN.
  2. Violation of the provisions of point a of this Article will be subject to a fine of IDR 500,000,000.00 (five hundred million rupiah).
  3. The provisions of this Article will still apply even if this Use Agreement expires or is terminated.

5. LIMITED CONSULTATION

  1. Users can get limited consultation through:
    1. chat: with service level agreement (SLA) 1×24 hours answers available on all packages;
    2. online call: one (1) hour x one (1) for Pro Package and one (1) hour x two (2) for Enterprise Package.
  2. The scope of discussion in the limited consultation was the company’s payroll.

6. USER SERVICE DETAILS

The type of Service package selected by the User is Enterprise, with the following details:

  1. Manage employee database and User payroll policies;
  2. Entering, calculating, and processing User payroll;
  3. Publish User payroll reports;
  4. Issue User’s payslip;
  5. Publish reports from the Social Security Administration Agency (BPJS) for User employees through the Company Reporting Information System (SIPP);
  6. Publish employee BPJS employment reports for Users via Electronic Business Entity (EDABU).

7. SERVICE LEVEL

  1. Helpdesk Operational Hours:
    1. Working Hours: 09.00 – 18.00 WIB;
    2. Working Days: Monday – Friday (except red dates or holidays determined by the Government of the Republic of Indonesia).
  2. Operational Communication Channels:
    1. WhatsApp: According to the WhatsApp group created Monday – Friday at 09:00 – 18:00 WIB;
    2. Email: As per payroll specialist’s email;
    3. Monday – Saturday 08:00 – 19:00 WIB;
    4. Note: Any messages received outside of Business Hours will be processed during Business Hours on the next Business Day with a response time of < twenty-four (24) hours. Except in urgent situations involving employee salary payments with the fastest response time.
  3. Billing Communication Channels:
    1. Email: billing@mekari.com, chandra.quan@mekari.com Monday – Friday 09:00 – 18:00 WIB;
    2. Note: Any messages received outside of Business Hours will be processed during Business Hours on the next Business Day. Except in urgent situations involving employee salary payments.

TERMS AND CONDITIONS OF
MEKARI AIRENE PRODUCT USAGE

Modified as of: October 2024

Thank you for your trust in using the Mekari Airene product. By using any services and/or products provided by PT Mid Solusi Nusantara (“MSN/We/Our/Us”), you, your company and/or business for which you have given permission or authorization to represent you (“User”) hereby agree to the Terms and Conditions of Mekari Airene Product Usage (“Service”) below as well as all other relevant terms, policies, and documentation as implemented by MSN from time to time (“Terms and Conditions”). These Terms and Conditions form an integral part of the Mekari Platform Terms of Use, Usage Agreement, Privacy Notice, as well as other terms as available on the Product from time to time.

MSN may review and amend these Terms and Conditions from time to time at MSN’s sole discretion. The User acknowledges and agrees that the User is obliged to check these Terms and Conditions from time to time to find out the latest conditions or information regarding the terms of use of the Product provided by MSN.

1. General Terms 

This Service is provided by MSN as one of the additional features for your use of MSN’s and/or MSN’s affiliates’ products as may vary from time to time (as relevant) (“Product”).  

If you choose to use the Service, you will be bound by these Terms and Conditions, the Product Usage Terms and Conditions (as relevant), and any other relevant policies or notices implemented by MSN and/or its affiliates from time to time. If you are unable to agree to any of the provisions in these Terms and Conditions, then you may stop using the Service by sending your request to the relevant contact point of MSN. 

For the avoidance of doubt, the use of this Service shall not be deemed as (i) the provision of consulting or advice in the areas of human resources, accounting, taxation, sales, marketing and law; and/or (ii) auditing or reviewing related services on employee turnover rates, historical financial information, insurance, accounting services and tax consulting.

MSN may cooperate with any third party in providing the Service to User. Currently, MSN is partnering with OpenAI, L.L.C., a Delaware corporation (“Open AI”), to support the provision of the Service. Therefore, it is your sole responsibility to ensure that you understand the full context of the terms and conditions, privacy policy, and other policies/conditions implemented by Open AI (“Open AI T&C”) before using the Service. These Terms and Conditions do not contain or integrate with the Open AI T&C, therefore, MSN is under no obligation to update or notify you of any changes/updates to the Open AI T&C. MSN also does not guarantee the accuracy or completeness of the answers provided by Open AI through the Service you use. 

You fully release MSN from any loss that might arise due to (i) your noncompliance or negligence in ensuring your understanding of the Open AI T&C as well as (ii) the answer you earn through using the Service to the extent it is provided by Open AI. 

2. Accuracy 

When you use Our Service, you understand and agree that the answer provided by the Service:

  1. Utilizes experimental technologies, which may lead to the generation of answer that is sometimes inaccurate, incomplete, and/or incorrect;
  2. Is general in nature and cannot replace or substitute to more in-depth consultation; and/or
  3. Cannot be used as evidence in a judicial process, either in court, any arbitration institution, or outside the court, including but not limited to industrial relations court proceedings. 

you are obliged to exercise, evaluate for accuracy and appropriateness with caution and judgment before relying on, disseminating, and utilizing the answer provided by the Service in your use.

If you have further questions about the answers provided by the Service, you should consult a qualified and/or licensed professional.

3. Active Period and Commercial Terms

Provisions relating to the (i) fees charged to you in using the Service including the associated payment terms, as well as (ii) how long you may use the Service, will be outlined separately under any service order, definitive agreement, and/or any other documentation that you agree separately (“Commercial Documents”). 

Under no circumstances MSN and/or its affiliates are obliged to refund you with any fees/costs that you have paid to Us, including whether (i) you decide to stop using the Service prior to the end of your active period or (ii) you cancel the usage of the Service. 

4. Training / Implementation

Provisions relating to the training and/or implementation before using the Service will be outlined separately under  the Commercial Documents.

5. Privacy Matters

Privacy is a highly important matter to Us. We are committed to always ensure the protection against all data or information collected and processed in Our systems, including those that support the provision of the Service. By using the Service, You will hereby be deemed to have given instructions to Us to carry out data processing or processing relating to the Service provided by Us to you through the Product or any other platforms that We manage in providing the Product. Such data may be disclosed or shared to Open AI to support the performance of the Service. 

The provision of the Service, as mentioned above that is subject to Open AI’s privacy policy, is also subject to MSN’s privacy policy or privacy notice that We apply throughout all of Our Product (see here). You need to regularly check Our privacy policy or privacy notice to understand your rights and obligations in regard to your personal data and any other confidential information you provide to Us. 

6. Service Level Agreements

Provisions relating to the Service Level Agreement (“SLA”) of the Service follow the terms of the Product’s SLA which will be outlined separately in the Commercial Documents.

Given We might also partner with any third parties in providing the Service (including Open AI), you also agree to adhere to the SLA and/or procedures applied by those parties in responding and/or resolving any issues. 

7. Miscellaneous 

  1. Governing Laws
    These Terms and Conditions are governed by the laws of the Republic of Indonesia.
  2. Indemnification and Limitation of Liability
    MSN shall not be liable (or persons claiming rights derived from the rights of others) for any actual or anticipated loss of revenue, profits, contracts or business (whether directly or indirectly, loss of data, and/or any incidental, indirect or consequential loss, in any event arising when using the Service based on or in connection with these Terms and Conditions, whether by contract, tort, unlawful act (including negligence), violation of duties under law or otherwise.
    MSN shall also not be sued or prosecuted for any statement, error, inaccuracy or deficiency in any answer provided by the Service in its use in conjunction with MSN’s Product.
  3. Representations and Warranties
    You represent and warrant that:

    1. the entity using the Service is a legal entity or business entity established under the laws of the Republic of Indonesia and has full authority to implement these Terms and Conditions;
    2. the person who accepts these Terms and Conditionsand other documents which are derivatives and/or supplements to these Terms and Conditions (as relevant) is a person who has the right and authority to act on behalf of your company according to its articles of association;
    3. you have all the approval and legal authority from the personal data owner to be processed in implementing the Service;
    4. there are no ongoing lawsuits, actions or lawsuits that could materially affect your ability to carry out your obligations under these Terms and Conditions and/or affect the validity of these Terms and Conditions;
    5. you may not sublicense, lease, lend, or distribute Service to other parties to obtain profit;
    6. you may not use the Service or take actions related to the Service other than as expressly permitted in accordance with these Terms and Conditions;
    7. you may not copy, translate, disassemble, decompile or reengineer the Service including to make or attempt to create a source password from the Service password;
    8. you may not modify or provide add-on to the Service without the approval of MSN; and/or
    9. maintain the confidentiality of your account credentials, and any unauthorized access and/or use of the Service must be notified to Us immediately.
  4. Access Restriction
    You understand and agree that based in MSN’s sole discretion, MSN has the right to terminate these Terms and Conditions and/or terminate, revoke and/or refuse access to the Service, partially or completely and either temporarily or permanently, with/without prior notification. Any losses arising from those actions are not the responsibility of MSN and MSN in any case is not obliged to provide any compensation to You for this matter.
  5. Termination
    You may stop using the Service by submitting your request to the relevant point of contact from MSN.
  6. Language
    These Terms and Conditions may be prepared in Indonesian and English versions, where both have the same legal force. In the event of a discrepancy between the Indonesian text and the English text, the Indonesian version will prevail and the English version will be amended automatically to confirm and make it consistent with the Indonesian text. Neither party will allow or assist other parties to question the validity of, or raise any objections to this Terms and Conditions or the transactions regulated therein, in any way or forum in any jurisdiction on the basis of failure to comply with Law No. 24 of 2009 (Flag, Language and National Emblem, as well as the National Anthem) or any of its implementing regulations (when issued).
  7. Contact Us
    If you have any queries, and/or disruptions using the Service, you may contact Product’s customer support team and Our team will assist you thereafter. All your correspondences will be noted, recorded and stored for Our records.
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