ข้อตกลงการใช้งานแพลตฟอร์ม
MILEAPP PLATFORM USAGE AGREEMENT
ARTICLE 1
DEFINITION AND UNDERSTANDING
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.
3.This Agreement includes all Attachments attached to this Agreement and forms an integral and inseparable part of this Agreement. In the event of a difference in interpretation or understanding between the documents below, the following order shall apply:
a.The central part of this Agreement which contains the general terms and conditions for the procurement of the MileApp Platform, Services, and/or Jobs; and
b.Attachment to this Agreement contains specific commercial provisions for the procurement of the MileApp.
ARTICLE 2
SCOPE OF AGREEMENT
1.According to terms, conditions, and limitations stipulated in this Agreement. PAKETID hereby agrees to manufacture the MileApp Platform Configuration and to lease the Platform and Application to CLIENT.
2.MileApp Platform Configuration in this Agreement includes development or implementation, maintenance, and/or other Work arranged in separate Scope of Work. Works that are not expressly stated in the Scope of Work will be considered outside Work.
3.The following Work with specification as stated in the Scope of Work has been agreed upon by THE PARTIES.
ARTICLE 3
TERM OF AGREEMENT AND WORK
1.Completion period The work of each stage or phase will be completed by the period specified in ORDER FORM.
2.The completion period of the Works referred to in this Article may be extended if there is a written request regarding changes or additions to the Works from the CLIENT, which is approved in writing by the PAKETID.
ARTICLE 4
FEES AND PAYMENTS
1.The contract price shall be paid by CLIENT to implement the PAKETID obligations following the payment system specified in ORDER FORM.
2.Each platform usage fee shall be paid to PAKETID if the invoice has been sent by PAKETID that has been confirmed by CLIENT
3.Training Fees (if any) will be paid by the CLIENT to PAKETID to carry out the training plan as intended in the Scope of Work.
4.Additional payments to PAKETID shall be paid for extra Work carried out following CLIENT’s written request so that PAKETID can provide services outside the Scope of Work in this Agreement.
5.Unless otherwise agreed in writing by the PARTIES, the amount of the invoice to be paid by the CLIENT shall be paid within 30 (thirty) Business Days from the date the CLIENT receives the invoice, unless the CLIENT can prove otherwise.
6.If there is a difference in the invoice amount given by the PAKETID to the CLIENT, either in whole or in part, the Parties will verify each other within 14 (fourteen) working days. Regardless of the Parties still resolving the billing dispute, the Parties must continue to perform their respective obligations under this Agreement pending the settlement of the Billing Dispute.
7.In Settlement of Billing Differences, the PARTIES will settle a difference in claims following the dispute resolution procedure with the provisions of this Agreement. The PAKETID attaches supporting documents requested by the CLIENT for further verification. The dispute settlement period is no later than 14 (fourteen) calendar days from when the CLIENT receives the invoice.
8.If the CLIENT is late in making a payment, the CLIENT will be fined for the delay with a penalty of 0.1% per day with a maximum value of 5% of the total monthly billing fee.
9.If the payment by the CLIENT is delayed for 3 (three) months, then the PAKETID may disconnect the MileApp after giving written notification regarding the termination of the connection from the PAKETID to the CLIENT
ARTICLE 5
OBLIGATIONS OF PARTIES
1.PAKETID shall:
a.Comply with the provisions of this Agreement and applicable Work Statement in the implementation of the Agreement;
b.Carry out the roles, responsibilities, duties, and functions as stipulated in the Roles and Responsibilities of the PAKETID, including the Attachments which are an integral part of this Agreement;
c.Required to procure several infrastructures following the specifications contained in the quotation and the Agreement, including making configuration and responsibility for the availability of information systems and implementation;
d.Providing services that are in accordance with every requirement, service level, description, and specifications specified under this Agreement;
e.Immediately provide CLIENT with the latest and accurate written information regarding the status and progress of the implementation of Service that may be requested by CLIENT from time to time;
f.Using, and will try to make PAKETID Personnel use all of their experience, ability, attention, and diligence in carrying out the Service;
g.PAKETID performs routine maintenance or other maintenance on the platform;
h.Conduct Training/Transfer Knowledge to personnel(s) appointed by the CLIENT with the Training of Trainer method (Training to competent trainers), according to the implementation period determined by THE PARTIES;
i.A CLIENT’s request, provide remote technical assistance and consultation to CLIENT at any time during CLIENT’s regular working hours and other times as agreed between THE PARTIES;
j.Use acceptable project management tools for the CLIENT and use a regular reporting mechanism to (a) identify project tasks and potential problems; (b) provide an ongoing status report, and (c) monitor services;
k.Comply with all applicable laws to this Agreement; and
l.Cooperate with CLIENT in every matter relating to the Service.
2.PAKETID acknowledges that:
a.PAKETID enters into this Agreement solely based on Investigation, review, and analysis of applicable Services and Statement of Work; and
b.Any Work completed in connection to the Service will only be deemed to have been received by CLIENT if the Authorized Officer of CLIENT must provide written confirmation of approval. For the avoidance of doubt, any other approval is deemed null and void.
3.CLIENT shall:
a.Comply with the provisions of this Agreement and the applicable Work Statement outlined in the implementation of the Agreement;
b.Carry out the roles, responsibilities, duties, and functions as stipulated in CLIENT’s Roles and Responsibilities, including in APPENDIX, which is an integral part of this Agreement;
c.Required to procure several infrastructures following the specifications needed by PAKETID to ensure service run smoothly;
d.Immediately notify PAKETID if there is a disturbance related to the system and Service on the application.
e.Required to maintain all systems and services applications;
f.Comply with applicable laws under this Agreement; and
g.Cooperate with PAKETID in every matter relating to the Service.
4.CLIENT acknowledges that:
a.They require assistance in Services and applicable Work statements; and
b.Any Work completed in connection to the Service shall be deemed received by CLIENT if the Authorized Officer of CLIENT has given written confirmation of approval to PAKETID. For the avoidance of doubt, any other approval is deemed null and void.
ARTICLE 6
ACCEPTANCE
1.The PAKETID will inform the CLIENT to carry out inspection and testing of the Works (or any development results of the Works).
2.Examination and Testing:
a.After PAKETID completes the Work, CLIENT shall inspect and/or test the results of Work to ensure that the results of the Work and services provided by PAKETID are in accordance with the specifications and requirements specified in this Agreement;
b.CLIENT will appoint an authorized representative to carry out the tasting by using the Platform or application developed by PAKETID within a certain period; and
c.The testing of the Paket Mile application and Platform developed by PAKETID must be completed by CLIENT no later than 30 (thirty) Business Days; if CLIENT finds a Work that is not following the specifications and / or requirements set, CLIENT must immediately notify the PAKETID in writing and then the PAKETID must repair or replace the non-compliant Work within 3 (three) calendar days of receiving a notice from the CLIENT and without interfering with the current use of the application and used by CLIENT, and at the cost beared of the PAKETID.
ARTICLE 7
CONFIDENTIALITY
1.Each of the Parties shall own all information related to its Confidential Information. The Parties agree that, unless they have obtained prior approval from the other Party, they shall not use or disclose to any third party (other than for this Agreement) the terms and conditions of this Agreement or any confidential information belonging to the other Party, unless expressly permitted under this Agreement. The obligations in this paragraph remain valid even if this Agreement is terminated or canceled.
2.THE PARTIES agree that a violation of paragraph (1) of this Article by the receiving party may cause harm to the disclosing party; therefore, in the event of a violation, the disclosing party may seek compensation for direct losses from the receiving party as a result of the violation.
3.Recipients of Confidential Information will not disclose such Confidential Information, except to Affiliates, employees and/or agents who need to know it and who have agreed in writing to keep it confidential. Recipients of information will ensure that such persons and entities use Confidential Information only to exercise rights and fulfil obligations under the Terms and maintain the confidentiality of Confidential Information. The recipient of the information may also disclose Confidential Information when required by law after providing reasonable notice to the information provider and providing him with the opportunity to maintain the confidentiality of his information, protection or remedy or similar legal remedies for such disclosure.
4.The provisions of Article 4 (3) shall not prohibit the disclosure or use of information received or obtained in connection with this Agreement if and to the extent that:
a.required by law, stock exchange, relevant governmental authority or court of competent jurisdiction provided reasonable notice is provided by the Party that will disclose to the other Party of the terms or requests to permit the other Party to request a protection order or exemption from the requirements unless the order of the court or the relevant authority or stock exchange requires the other Party not to be given such notice;
b.becomes publicly available other than as a result of a breach of confidentiality obligations;
c.the information is already in possession of the Receiving Party or developed independently by the Receiving Party; or
d.The Disclosing Party has given prior written consent for such disclosure.
ARTICLE 8
INTELLECTUAL PROPERTY RIGHTS
1.Nothing in this Agreement grants either Party any right, title, or interest in or any Intellectual Property Rights to the other Party.
2.Work tools, modules, programs, data, methods, techniques, source code, or other things that have existed previously and brought by the PAKETID to carry out this Work will remain the property of the PAKETID.
3.Any development resulting from modifications to the Work at the request of the CLIENT outlined in this Agreement will follow the provisions in force under this paragraph.
4.The PAKETID will provide the CLIENT with all necessary assistance and carry out all the Work and other documentation to perfect these rights, titles, and interests according to the prevailing laws and regulations. It will carry out its obligations under this Article.
ARTICLE 9
MODIFICATION TO WORK
1.The CLIENT has the right to request a modification (“Modification”) of the Work that has been mutually agreed upon in ORDER FORM by providing a prior written request to the PAKETID explaining the specifications Modification. The PAKETID must submit a proposal to the CLIENT by estimating the time to complete the Modifications within 30 (thirty) working days after receipt of the written request, including any estimated costs and time required to make such changes. The Agreement of the PARTIES regarding the proposed time and cost must be stated in a Statement of Work or the form of an addendum to this Agreement and signed by authorized representatives of the PARTIES.
2.Until such time and unless the CLIENT notifies the PAKETID in writing that the CLIENT does not wish to proceed with the modifications, the PAKETID will continue to carry out the Modified Works and be paid as previously agreed.
3.If the Parties cannot reach an agreement on the Modification, the PAKETID reserves the right to terminate the Modification (without any additional obligations) until the PARTIES have decided on the Modification.
ARTICLE 10
PROJECT PLANS
1.The PAKETID will use its best efforts in completing each stage of the Project Plan by the specified date. The Parties are aware that the Project Plan is an estimate of the time to complete the Stages and may require changes related to Modifications, where such delays or changes are not the faults of the PAKETID.
2.If one of the Stages is delayed for any reason, the PAKETID shall try its best to make up for the lost time or as agreed with the CLIENT. If the execution of the Works is delayed not due to the fault of the PAKETID, the PAKETID will be given an extension of time as long as necessary, and the PAKETID has the right to accept any additional costs arising from the extension of time following the Agreement with the CLIENT.
3.If the PAKETID is unable or late to complete the Work from the schedule specified in the Appendix to the Agreement and/or completes the Work (its obligations) but is not in accordance with what has been agreed in this Agreement, then the CLIENT may terminate this Agreement, by providing a reasonable basis in writing and make payments according to the Work that the PAKETID has completed.
ARTICLE 11
DELAYS AND EXTENSION TIME
The Parties are aware that the Project Plan may be postponed due to:
1.Damage to the Software or Third Party Software (which is not the fault of the PAKETID);
2.System discrepancy of the CLIENT (which is not the fault of the PAKETID);
3.The delay is solely caused by the fault or negligence of the Subcontractor as something beyond the control of the PAKETID; and
4.The CLIENT's error in providing data and documents promptly as requested by the PAKETID.
ARTICLE 12
LIMITATION OF LIABILITY
1.In no event shall the Parties be liable for any consequential, indirect, special, or punitive loss, damage, or expense of any kind (including lost profits and opportunity costs) arising out of or in connection with this Agreement, even if it has advised of the possibility of these things appearing.
2.The liability of the PAKETID to the CLIENT arising from a claim for damages of any kind shall not exceed, in any case, the total amount received by the PAKETID.
ARTICLE 13
DEFAULT AND TERMINATION
1.This Agreement may be terminated prior to the expiration of the period as described in the Agreement, with 14 (fourteen) calendar days prior notice, in the event of one of the following reasons:
a.One of the Parties does not or neglects to fulfill any and/or all of the provisions contained in this Agreement;
b.One of the Parties is bankrupt;
c.One of the Parties disbands or is dissolved for any reason whatsoever;
d.One of the Parties submits an application to be declared bankrupt / is allowed to delay payments (surseance van betaling);
e.The business license of one of the Parties is temporarily or permanently revoked;
f.The assets of one of the Parties are either partially or wholly confiscated, either by confiscation of collateral or by execution;
g.One of the Parties violates any of the provisions of this Agreement and fails to remedy the violation within 7 (seven) working days after being given a written warning by the Party who feels aggrieved; and
h.One of the Parties violates the laws and regulations in force in the Republic of Indonesia in connection with the implementation of this Agreement where the violation materially affects and harms the other Party.
2.If this Agreement is terminated due to the reasons referred to in paragraph (1) above, either Party may terminate the Agreement before the expiration of the specified Term without paying the remaining value of the Agreement.
3.Unless this Agreement is terminated For the reasons referred to in paragraph (1) above, the CLIENT may terminate the Agreement before the expiration of the stipulated period without prior written Agreement by paying compensation to the PAKETID in the amount of the remaining value of the Agreement's time limit.
4.If the CLIENT wishes to terminate the Agreement as regulated in paragraph (3), then the CLIENT must notify the PAKETID in writing at least 30 (thirty) calendar days before the effective termination date and vice versa.
5.In the event of termination of this Agreement, the PARTIES agree to waive or waive the implementation of the provisions of Article 1266 paragraph 2 of the Indonesian Civil Code; thus, the termination must be carried out without requiring a decision of the District Court in the territory of the Republic of Indonesia.
ARTICLE 14
TERMINATION ASSISTANCE SERVICES
Upon termination of all or part of the PAKETID Service, at the request of the CLIENT, PAKETID shall provide all CLIENT’s data stored in PAKETID Platform within the agreed period specified in writing by both Parties.
ARTICLE 15
ASSIGNMENT
1.Neither Party shall transfer its rights and obligations in this Agreement either in whole or in part to any Third Party without prior written consent from the other Party.
2.Use of third party services (Subcontractors) is only permitted; if the Work requires particular expertise and/or specialization which PAKETID does not own, provided that the use of such third parties services must be upon the approval and written consent of the CLIENT and the PAKETID shall remain liable to the CLIENT for any acts and omissions of the sub-contractors appointed by the PAKETID.
3.Use of the services of the Sub Contractor can be carried out after the prior written approval is issued from CLIENT. The relationship between PAKETID and the Subcontractor must be stated in a written agreement.
ARTICLE 16
DATA PROTECTION AND INFORMATION SECURITY
1.The Parties will comply with all privacy laws and data protection in carrying out their obligations under this Agreement, including the collection, retention, use, transfer, disclosure, processing, and/or storage of any Confidential Information. In particular, the Parties undertake that they will:
a.No, and will never make its Personnel to use the Confidential Information and or any data collected for any purpose other than fulfilling their obligations under this Agreement and / or to provide Services to the Parties, and will not, and will make the Parties personnel not move, disclose or give access to the data to a third party, except when he is forced to do so based on the prevailing laws and regulations, as long as permitted, with written approval from the Parties first;
b.Take all necessary and practical steps and measurements that can be practised to ensure safe storage of and to prevent unauthorized and accidental access, disclosure, processing, deletion, loss or use of data; and
c.Will immediately correct, return or, on CLIENT instructions, destroy data at CLIENT’s request and will not maintain the data for longer than necessary to fulfil its obligations under this Agreement.
2.If PAKETID acknowledges there is access, disclosure, processing, deletion, loss or use of unauthorized and unintentional Confidential Information, then PAKETID will:
a.Immediately and in any case within 1 (one) Business Day after knowing the above, notifying the CLIENT regarding unauthorized or unintentional access, disclosure, processing, deletion, loss, and use of unauthorized and unintentional Confidential Information;
b.Reducing to the extent practicable the influence of access, disclosure, processing, deletion, loss or use of unauthorized and unintentional Confidential Information; and
c.Cooperate with CLIENT, including complying with requests made by CLIENT to ensure compliance with this Article and/or applicable laws.
ARTICLE 17
GOVERNING LAW & LANGUAGE
1.This Agreement is governed by and shall be interpreted by the applicable law in the Republic of Indonesia.
2.All Dispute, controversy, or claim arising out of, or in connection with this Agreement, whether to the implementation of the contract, tort or otherwise, including any question regarding its existence, validity, or termination (a ”Dispute”), shall be settled amicably by the Parties within 30 calendar days after a Party notifies the other Party of such Dispute.
3.If the Dispute is not resolved within 30 (thirty) calendar days after written notice of a Dispute is given by a Party to the other Party, the Dispute shall be resolved through the West Jakarta District Court.
ARTICLE 18
FORCE MAJEURE
1.Neither party shall be liable for any action, failure to act, or failure to perform its obligations under this Agreement if such failure arises from a cause beyond its control, including but not limited to natural disasters, strikes, workplace lockouts, acts of war, epidemic, pandemic, government policy after the date of this Agreement, fire, telecommunications disconnection, power outage, earthquake or another disaster (“Force Majeure”).
2.The Party whose performance is delayed as a result of a Force Majeure Event shall:
a.notify the other Party in writing no later than 7 (seven) calendar days after the occurrence of the following Force Majeure regarding the reasons for failure to fulfil the obligations and the anticipated delay that will be caused by the Force Majeure Event and a contingency plan to deal with the anticipated delay; and/or
b.conducting its best endeavors to prevent or stop the cause and carry out its obligations
3.To avoid doubt, neither Party shall be liable for any costs, losses, expenses, or damages incurred by the other Party due to a Force Majeure Event.
4.Suppose the Party experiencing Force Majeure Event fails to notify the other Party of the occurrence of the Force Majeure Event as per paragraph 2 above. In that case, the Party experiencing the Force Majeure Event would not be able to claim the Force Majeure Event.
5.Suppose the Force Majeure condition occurs more than 14 (fourteen) Calendar Days. In that case, the affected Party may terminate the Agreement by giving 14 (fourteen) Calendar Days notice in advance after the affected Party has exerted all its efforts to prevent or stop the cause and carry out their obligations.
ARTICLE 19
GENERAL REQUIREMENTS
1.A provision or right arising from this Agreement cannot be waived except in writing and signed by the Party that waives the right to the provision and is agreed in writing by the other Party in the Agreement, or amended unless agreed in writing and signed by the PARTIES.
2.Suppose one or more provisions in this Agreement become invalid, invalid, or unenforceable. In that case, such unenforceability or invalidity shall not affect the other provisions, which shall remain in full force and effect.
3.The CLIENT grants the PAKETID a non-transferable and non-exclusive right to use the CLIENT's trademark and/or company logo in the PAKETID's publication materials without being allowed to change the shape, design, composition of the Logo and does not give any Third Party permission to use the Logo. The CLIENT undertakes to indemnify the PAKETID from and against any claim for infringement of the rights of any third party. The PAKETID will not use other trademarks, service marks, or trade names to imply that the PAKETID has an affiliation with the CLIENT other than those outlined in this Agreement.
4.All other taxes and duties relating to the application of this Agreement are the responsibility of each Party by applicable laws and tax regulations.
5.Any modification or amendment to this Agreement must be made in writing and signed by the competent authority of the PAKETID and the CLIENT; Matters that have not been regulated in this Agreement will be determined later between the Parties and outlined in writing which is jointly signed and forms an inseparable part of this Agreement.
6.This Agreement constitutes the entire Agreement between the Parties concerning the subject matter of this Agreement. It supersedes all written and oral agreements or undertakings and all oral representations or warranties which are at the same time given with this Agreement.
7.This Agreement is made in Bahasa Indonesia and English. In the case of translating this Agreement into other languages and if there are differences in interpretation between Bahasa Indonesia and other languages of the translation, the Bahasa Indonesia applies.
8.The PAKETID will inform the CLIENT to carry out inspection and testing of the Works (or any development results of the Works). The Parties agree that this Agreement can be signed using an electronic signature, which will be considered as the original signature for any reason and has the same legal force as the original signature, and the Parties irrevocably waive their right to file for cancellation of the Agreement for reasons of non-compliance carried out by the operator of the electronic signature system against regulations that require registration at specific institutions.
9.The Parties agree that this Agreement may be signed in 2 (two) copies, each of which, when executed and delivered, shall constitute a duplicate original. Still, all the counterparts shall together constitute the one Agreement.
Thus this Agreement is made and signed by the Parties in Jakarta at the time and place as stated at the beginning of the Agreement.