Terms and Conditions
Read: Indonesian language
Please read the following Terms of Service (effective as of 1st January 2020) carefully before using services by PT CEKINDO BUSINESS INTERNATIONAL so that you are aware of your legal rights and obligations to PT CEKINDO BUSINESS INTERNATIONAL and its affiliates and subsidiaries (individually and collectively, “Cekindo”, “we”, “us” or “our”). This Terms of Service shall be effective upon your payment of the Sales Order.
- Consultant, Cekindo is PT CEKINDO BUSINESS INTERNATIONAL, a limited liability company duly organized and existing under the laws of Republic of Indonesia that provided a market entry consulting company providing service such as Business set up, company registration and licenses, product registration, market research and analysis, Business Development, Business Investment, Business Process Outsourcing, HR Sourcing, Payroll Processing, Accounting, Tax reporting, visa and permit application, Visa, Permit Application, finding office space, Local Representation, and other services rendered.
- Consultant website is cekindo.com or any other websites informed by Consultant, Cekindo from time to time.
- Terms and Conditions is an agreement between the Client and the Consultant that contains a set of regulation governing the rights, obligations, and responsibilities of the Client and the Consultant, as well as the term for using the Consultant’s services.
- Client is individual or company who conducts payment of the Sales Order.
- Services are all types of services, functions, responsibilities offered by the Consultant to the Client, the conditions of which are stated in this Terms and Conditions.
- Consultant Account is an Account established by Consultant for payment/refund process at Consultant website, provided in Sales Order.
- Sales Order is a list of services, functions, and/or responsibilities that have been requested by Client to be executed by Consultant.
- Government shall refer to any institutions that has governmental authority or quasi-governmental authority, including its organs, be it in national or local level.
B. ACCOUNT, PASSWORDS, AND SECURITY
- The Client hereby declares that the Client is sound in mind and capable of binding themselves in a legal agreement.
- Cekindo in executing the Service may create email account or account at Government for Client’s interest including its passwords, either by using Client’s data or via Cekindo’s internal process.
- Clients are prohibited from creating and / or using devices, software, features and / or other tools intended to manipulate the Cekindo system, including but not limited to: (i) data manipulation; (ii) crawling / scraping activities; and/ (iii) other activities that can be reasonably valued as acts of system manipulation.
- Cekindo without prior notice to the Client, has the authority to take necessary actions on any alleged violation or violation of the Terms and conditions and / or applicable law.
- Client hereby agrees that every request to loan or transfer account and password made by Cekindo in execution of the Service shall only be complied upon full payment of all outstanding Invoice billed by Cekindo to Client.
- The Client hereby indemnifies Cekindo from any responsibility upon any loss or or damages arising from misuse of the Client account caused by the Client’s negligence while using the account and password made by and loaned to and/or transferred by Cekindo.
- In the event that the Client breached article B.6, Client hereby grants the right to Cekindo to declare that such Service has been completed without requiring to prove otherwise to Client.
C. SERVICES AND TRANSACTION
- The Consultant will provide the list of Services and assistance, in accordance with which specifically listed in “Sales Order” and will provide such Services in a timely and competent way. Client will provide the Consultant all documents and information as requested by local Governmental Authority for the delivery of such Services.
- For Services rendered pursuant to Sales Order, the Client agrees to pay the Consultant an non-refundable amount stated in Sales Order except regulated otherwise.
- The payment shall be made in US Dollar (USD) or Indonesian Rupiah (IDR) with respect to the current rate at the date of payment, not later than 7 (seven) days after submission of invoices.
- Any late payment for the service and assistance, including but not limited to additional invoices occurring as the result of Consultant’s work for the Client, shall be imposed with penalty based on the amount mentioned in invoice as the following:
a) 30 (thirty) days after the submission of invoices: 5% (five percent);
b) 60 (sixty) days after the submission of invoices: 10% (ten percent);
c) 90 (ninety) days after the submission of invoices: 15% (fifteen percent); and
d) 120 (one hundred and twenty) days or more: 20% (twenty percent).
All Payment shall be based on Sales Order.
- The contractual term for the Service rendered shall be 12 (twelve) months from date of Service payment and is automatically extended for another 12 (twelve) months period based on the same terms and conditions herein, unless otherwise agreed by the parties for termination of Services within 1 (one) month prior to expiration of the original duration.
- Client agrees that Services rendered pursuant to this Terms and Conditions such as accounting, tax and payroll services, Investment activity report (LKPM), professional shareholder agreement, product license holder and annual type services shall continue for a full uninterrupted 12 (twelve) months and shall not terminate with any terms, unless due to force majeure as regulated in this Terms and Conditions.
The failure of either party hereto to promptly enforce this Terms and Conditions or any of its terms shall not constitute an implied modification or waiver of enforcement of any such term regardless of the number of times or the frequency with which any such term is violated.
F. SUCCESSORS IN INTEREST
This Terms and Conditions is binding upon and shall inure to the benefit of the parties of hereto, their valid assignees and their successors in interest.
Services may not be assigned without the expressed written consent of the parties.
H. CHOICE OF LAW
This Service is executed and intended to be performed in Indonesia and the laws of Indonesia which shall govern the interpretation and validity of this agreement.
While this Terms and Conditions is in force and in the period of 12 (twelve) months after it ends, neither Consultant nor the Client may knowingly solicit or offer employment to any staff employed in the other party. This obligation shall be applied to any employees employed at the other party. Any breaching party shall pay the non-breaching party the equivalent compensation of 1 (one) year salary of any employees concerned. This clause shall not apply for HR Outsourcing employee under Cekindo.
J. DISPUTE RESOLUTION
- Any dispute arising from this Terms and Conditions (hereinafter referred to as the “Dispute”), shall firstly refer to negotiation.
- The Parties shall opt for arbitration in accordance with the provisions of Arbitration in Indonesia Law No. 30 of 1999 (hereinafter referred to as the “Arbitration Act”) failing to resolve such Dispute between Parties..
- The tribunal shall consist of a sole arbitrator, mutually appointed by the Parties in accordance with the provisions of the Arbitration Act. Any arbitral award issued by such sole arbitrator shall be final and binding on the Parties. The venue of the arbitration is in Jakarta and the language of the arbitration shall be English. The Procedural Rules opted by the Parties will be the UNCITRAL Rules. It is clarified that any awards whether interim or final, shall be made, and shall be deemed for all purposes to be made in Jakarta.
- Judgment upon any arbitral award rendered hereunder may be entered in the courts of Jakarta, for a judicial acceptance of the award and an order of enforcement, as the case may be.
- The Parties agree not to resort to any court litigation in any matter whatsoever so long as the dispute resolution process is in motion.
- In the event that the Client decides to cancel/terminate Service after execution of this Agreement, the payment is non-refundable.
- In the event of any services mentioned in “Sales Order” was delayed definitely or indefinitely, stemming from dispossession of original documents and information provided by the Client to the Consultant, the Consultant shall reserve the right to seek amicable solution or provide refund of advanced payment to be determined by the Consultant. This clause shall not apply for any government fees, salary payments, office lease service and similar coordinated by Consultant.
- The Client agrees to disclose Cekindo with all information concerning personal and/or institutional (including but not limited to shareholders, directors and commissioners) in criminal or cases that causes loss to state finance and/or related to financial sector committed in Client’s home country (for Foreign Citizen) or Indonesia or other states, prior to engaging all Services. Violation of this article shall grant Cekindo the right to:
a) Determine whether to accept or reject to deliver the Services and/or provide refund for payment to Client;
b) Client agrees to indemnify Cekindo from all legal consequences arising from this clause.
- Notices shall be in writing and shall be sent through the Postal Service to Consultants’ address, or sent to the email address to: [email protected] and to client’s provided email.
- Notice given in any other manners shall be conclusively presumed to be invalid, void and of no effect.
- Consultant will conduct its best effort deliver the services and assistance, in accordance with which specifically listed in “Sales Order” in a timely and competent way, save for:
a) The negligence and/ or failure of the Client to provide all documents and information requested by local institutions for services realization;
b) Force Majeure (fire, flood, typhoon earthquake, strike (regional or national level), labor trouble or other industrial disturbance, war (declared or undeclared), embargo, blockage, legal prohibition, riot, insurrection, internet interference temporarily or permanently, planned or unplanned delays from the local institutions, change in government policy or any other cause beyond the reasonable control of such defaulting Party), preventing or delaying the performance temporarily or permanently.The timeline in “Sales Order” represents a general timeline according to “usual standard business”. Consultant reserves the right to adjust such timeline as necessary by informing such changes to the Client.
- The Consultant will endeavor to deliver the services and assistance according to the Sales Order, with the condition that the Client has provided all documents and informations requested by local institutions for services realization. In the event that the product or services application was not approved by the local institutions although the Client has provided all documents and information requested, the Consultant will propose an alternative solution or method to the Client for consideration.
- Notwithstanding article K.2, in the event that the Consultant does not obtain any response from Client, concerning execution, completion and/or renewal of services and assistance according to the Sales Order, proven by a cumulation of 9 (nine) times email by official email from Consultant within 1 (one) year since the date of payment of Sales Order, then Client agrees to grant right to Consultant to conduct any action of the following concerning services and assistance:
c) Transfer company ownership and license to any party appointed by Client beforehand;
d) Liquidate security deposit to cater the actions mentioned above/ all outstanding invoice and assistance; and/or
e) Demand compensation in the event that the security deposit is inadequate to accommodate such action and/or to bill all outstanding invoices.
- The remaining provisions of this Terms and Conditions shall not in any way be affected or impaired in event of invalidity, unlawful or unenforceability under the applicable law.
- The Client agrees and permits the Consultant to apply the right of retention concerning documents belonging to the Client under the Consultant’s care.
- The Client agrees and permits the Consultant to display Client’s name and/or trademark in Consultant’s website.
- Client authorizes Consultant to provide exclusive newsletters and offers via Client’s email.
- This Terms and Conditions is made in the English and the Indonesian language. If any inconsistency or different interpretation between the English text and Indonesian text, the English text shall prevail.
- All matters which are not included or not adequately provided in this Terms and Conditions shall be settled by mutual agreement between the parties.
- Terms and Conditions maybe revised and/or renewed from time to time without notice. Usage of Cekindo service shall be deemed as Client’s approval to any revision and/or renewal of such Terms and Conditions.
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