1.Unless otherwise specified, the following terms have the meaning set forth below:
a.MileApp is software that refers to a website and Android-based Application;
b.Application is a ready-to-use or customized software by PAKETID to support CLIENT activities and operations, which are included in the Scope of Work, as stipulated in ORDER FORM;
c.Configuration in the form, arrangement, setting customization, and modification of information on the state of a system, especially for carrying out the process;
d.Services mean the use of Paket Mile Platform and the development of MileApp;
e.Work Tools are pre-existing technologies, including but not limited to methodologies, development tools, routines, frameWorks, algorithms, software codes (in the form of sources and objects), user interface designs, architectures, class libraries, entities, and documentation (both printed and electronic), subroutines and programs, data and material, intellectual property rights throughout the world that have been signed on the date of this Agreement, both licenses are held by PAKETID or are the properties of PAKETID, which PAKETID uses in carrying out the Services in this Agreement, including all derivation, development, upgrading or expansion of the Work Tools that have been prepared, reduced in use, or developed during the term of the Agreement;
f.Contract Price means the total price, fees, and costs that must be paid by CLIENT to PAKETID for the use and development of MileApp configuration under this Agreement, in the amount and through the payment as described in the Order Form;
g.Business Day means a day other than Saturday, Sunday, or a national holiday in Indonesia;
h.Product means any product, software, platform, module, source code (source code), and each component and supporting device.
i.Work Results means any results of the Work carried out in the PAKETID as described in ORDER FORM;
j.Confidential Information” refers to all proprietary information and confidential information or personal data from THE PARTIES and from their customers, clients or suppliers, whether all business plans, operations, management staff, software codes and object codes, design materials, templates (patterns), preparation materials and other information, data, experience and expertise, commercial, financial, technical, or other (whether verbally, in writing, machine readable or in other forms) and materials (whether recorded electronically, in writing or another) which by its nature automatically becomes confidential if disclosed for the sake of achieving the implementation of this Agreement or in a confidential manner due to the circumstances under which it is directly or indirectly disclosed to either Party (hereinafter referred to as “Receiving Party”) or received by Receiving Parties from other Parties (hereinafter referred to as “Expressing Parties”) and / or employees advisers or consultants, someone who is of sound mind or logical thinking will conclude as confidential and under which THE PARTIES wish to protect against unlimited disclosure or competitive use or intended as such, including but not limited to:
1.Information that is directly or indirectly related to the plans of THE PARTIES, intentions, technical knowledge, market opportunities, and business matters or matters relating to suppliers, customers (including potential customers), and clients;
2.Information on creation written/initiated by the author, products, and written materials made by THE PARTIES or other members of THE PARTIES by this Agreement, including but not limited to computer programs, business logic solutions, data, diagrams, graphics, reports, specifications, sketches, inventions, and working papers or similar materials in any form or on any media related to this matter;
3.Creation written/ initiated by the author, products, and materials made by THE PARTIES or other members of THE PARTIES under this Agreement, including but not limited to computer programs, business logic solutions, data, diagrams, graphics, reports, specifications, sketches, findings and working papers or similar materials in any form or any media relating to it; Any information generated directly or indirectly from discussions or negotiations relating to this Agreement and all copies, notes, records and all related information (in any form and any media) generated by the Parties or other members of the Group belongs to the Parties under or arising out of any disclosure to this Agreement;
4.Terms of an Agreement reached by THE PARTIES or proposed by one of the Parties (whether approved or not) concerning the Agreement; and
5.Source code, and software object code, materials for plans, patterns, preparation plans, information, data, expertise, with any type or form given by PAKETID to CLIENT according to ORDER FORM.
k.Bills refer to any invoices issued by PAKETID to CLIENT stating the amount to be paid by CLIENT for each Work or Service provided by PAKETID to CLIENT as mentioned in ORDER FORM;
l.Service Level Agreement” means the provision of warranties from PAKETID to CLIENT starting from the date of implementation of the use of the Platform / Go Live until the end of the Cooperation Agreement as stipulated in ORDER FORM;
m.Work refers to activities of analysis, design, planning, development, implementation, education, training, and project management as described in the Scope of Work as stipulated in ORDER FORM;
n.Specifications are functional performance, procedures, Workload, reliability, protocols and other requirements regarding Work Results, which the PAKETID prepares following the Scope of Work. The initial specifications are determined in the Scope of Work, as stipulated in ORDER FORM;
o.Software means any software that exists, created and / or developed by PAKETID in the Work-based on and by the agreed Specifications;
p.Project Plan means the implementation schedule of Work submitted by PAKETID, including the stages of the development, submission, installation and testing of Work Results based on this Agreement;
q.Training is the provision of material knowledge by using the Training of Trainer method to CLIENT;
r.Receive Date” means the date on which CLIENT and PAKETID agree to and agree to the Acceptance Test;
s.Subcontractor means a person, firm, or other legal entity (other than FIRST-PARTY) to which a part of the Contract is subcontracted;
t.Effective Date refers to the date of commencement of this Agreement stated in this Agreement;
u.Active User means the number of active users where the activity is recorded in the Application user activity and calculated per month.
2.Interpretation:
a.The titles of articles or paragraphs used in this Agreement are only to facilitate reference and do not affect the understanding of the relevant provisions;
b.If a day or a date specified in this Agreement concerning the Implementation of a right or obligation falls on a holiday (i.e. Saturday, Sunday, or an official national holiday), then the execution of the right or commitment is considered to fall on the next Business day;
c.Reference to “Applicable Legislation” includes but is not limited to laws, constitutions, decisions, regulations, conventions, orders, guidelines, ethic codes, standards, notices, instructions, rules, and regulations that are imposed from a country, government, or agency, regional government, department, or legislative agency or regulatory agency, and similar instrument, and, in connection with the foregoing, each instrument issued as its replacement, respectively as changed from time to time; and
d.Prices, fees, and/or fees in this Agreement are stated in Rupiah by the PAKETID offer unless stated differently in the ORDER FORM.