Term and Conditions (NextGen – Hosting)
- “Customer” is the Party who register of the Service or the Party given by authority to register of the Service provided by CBNCloud.
- “CBNCloud is the Cloud Computing Company, established based on the regulation of legislation Republic of Indonesia, and hereby act as a provider of the Service, based on Registration Form accepted by CBNCloud.
- “CBNCloud Registration Form” is a form which used by the Customer to register of the Cloud Computing Service’s, this form is compulsory to fill by Customer before the Activation process.
- “Activation Report” is written document given by CBNCloud to Customer, to inform that the Service already activated.
- “Downtime is a temporary condition which caused disconnection of the Service’s used by Customer, which caused by Infrastructure and network system CBNCloud.
- “Username” is a Customer’s unique identity given by CBNCloud to access the Service and will given by CBNCloud when the Customer register of the Service.
- “CBNCloud Software as a service” hereinafter referred to as the Service, is a cloud computing service’s provided by CBNCloud with the variant software application in database of CBNCloud, Customer not necessary to bought of the Licenses of Software or adding equipment to support of operational activities of information Technologies, the service’s is in virtual system database owned by CBNCloud
FACILITIES OF THE SERVICE
- CBNCloud agree to provide facilities of the Service’s in this form of CBNCloud Software As a Service including but not limited all of derivative product based on Registration Form which had been submitted by Customer to CBNCloud.
- Facilities of the Service’s provided by CBNCloud will be conducted with the technical configuration was accepted by the Parties.
SCOPE OF WORK
- Activation of the Service will conducted after the Customer signed the Registration Form and Pay Off the obligation of Payment, activation of the service will be marked with the signature of Activation Report by the Parties.
- Customer obliged to take responsibility for all activities on behalf of the respective Username and the secrecy of the Password, including the use of modifications and distribution of other applications that is performed by the Customer as well as responsibility from either side of the law demands or suit at law arising out from the existence of such action.
- Customer using the facilities of the Service is CBNCloud Software As a Service with the detail information based on Registration Form and in the Appendix (if any).
- CBNCloud shall not liable for the Service quality as the result of Customer equipment performance including of the Internet Network Conncetion that required to enjoying the Service’s, error or incompatibility of Service’s on any third party, Internet Backbone problems, or in case of emergency security actions and other events occurred beyond CBNCloud capability as the Services provider (force majeure).
- CBNCloud shall take responsibility for the quality of the Service used by Customer based on the Service Level Agreement as stated in every CBNCloud Service’s .
- Customer hereby understands and aware of any risk on using the Service’s or incapability of the Service’s provided, therefore Customer releases CBNCloud for any loss or responsibility due to such risk.
RIGHTS AND OBLIGATIONS
- Customer Rights and Obligation:
- Customer is not allowed to divert or assign the Service’s to any third party include other party who’s not concerned in this Terms and Conditions without prior written notice from CBNCloud;
- Customer having obligation to perform backup and or copies of data or the informations including documents contained in the Service during the Time of Service’s ;
- Customer hereby grant approval for the CBNCloud or the authority of the representative of CBNCloud to conduct schedule maintenance or other activities, which are deem necessary to improve Service Quality and internal security. Schedule maintenance shall be informed with the written notification to Customer;
- Customer having obligation to pointing administrator to become an technical person in charge in this Terms and Conditions, administrator will communicated with CBNCloud regarding to manage the service;.
- Customer may request for changing of Service’s quality (upgrade or downgrade), whereas any request to change should be made in writing to CBNCloud at the latest 14 (fourteen) calender days prior the requested commencement period. Change shall be effective by the 1st (first) working day of the preceding month and Customer shall pay any costs required due to change Service’s requested.
- Customer has the rights to enjoy the benefit of the Services in accordance with the respective Service’s and in accordance with the prevailing laws of the Republic of Indonesia.
- CBNCloud Rights and Obligation:
- CBNCloud shall obliged to provide Service’s according to This Terms and Conditions.
- CBNCloud shall not disclose make use any data, documents, information or records, in whatever form or medium, regarding the existence of this Terms and Conditions, the matters covered in this Terms and Conditions (the “Confidential Information”) or connected to the Customer, except for the purpose of police investigation by the Police of the Republic of Indonesia or other conditions pursuant of the prevailing laws and regulations if the disclosure of the Confidential Information required by the prevailing laws and regulations, then CBNCloud has to inform the Customer about such disclosure immediately.
- CBNCloud shall have the rights to disconnect the connection temporarily during Force Majeure, which could harm CBNCloud or Customer including the Customer, including Customer not yet to make payment of the CBNCloud invoice billing.
- CBNCloud responsibility to conduct the maintenance and repairment limited to only damage or disorder facilities of the Service’s provided by CBNCloud, if the damage or disorder caused by the fault, deliberate including the omission that is carried out by Customer, CBNCloud has the rights to charge of the repairment fee in accordance of the Parties.
- CBNCloud shall not be liable of the righteousness, confidentiality, or the quality of the Informations was distributed from the CBNCloud Service’s by Customer.
- CBNCloud shall not be liable for the disadvantages of the Party caused by use of the Service’s.
- CBNCloud only recognizes legalities of the Subscription Terms and Conditions is Customer or First Party, therefore if in the future there have been dispute with another party or third party who are not accordance in this Terms and Conditions, CBNCloud released from the legal action or lawsuits arising out from the legal dispute.
There some Prohibited activities in this Terms and Conditions as follow:
- Customer is prohibited to use partially or overall of intelectuall property rights contained in this Terms and Conditions even the Intelectuall property rights owned by CBNCloud or another user as a customer of CBNCloud Service’s without written consent.
- Customer shall not any actions of unauthorized access which may inflict damage including but not limeted hacking or spamming or any undesirable effect of the Service’s provided by CBNCloud.
- Customer is not allowed to save, shared, and use the material contain, offend and related with pornografi, the sentiment of tribes, religion, and culture, gambling, and use of intellectual of property rights without permission including other actions that is generally as violation of Law and regulations applicable in Indonesia.
- Customers is prohibited from conducting activities are that could endanger and injurious to the other party who are using CBNCloud Service’s.
- Customer forbidden to commit forgery identity in any manner so as to cause inconvenience another user of CBNCloud Service’s.
- Customer is not allowed to perform any ilegal actions that cause interference on the infrastructure, software application, and network connection of CBNCloud
There some Prohibited activities in this Terms and Conditions as follow:
- This Service’s is valid for 12 (twelve) months since from the date as stipulated in the Activation Report (“Time of The Service’s)
- Time of Service as described in subsection (1) will automatically extended for the 12 (twelve) months later, and Customer will be informed in 14 (fourteen) calender days prior the expiration Time of Service’s
FEE AND PAYMENT
- Customer shall pay Registration and Installation Fee, which should be made in advance before the Services active and based on invoice bill received by the Customer.
- Customer shall pay Subscription Fee each month, based in the invoice bill received by Customer from CMP and shall be paid no latter than 25th (twenty fifth) of the month.
- Extra Charge (plus administration fee required) for any extra service requested by Customer.
- All fees and/or cost stipulated on this Terms and Conditions exclude taxes and shall be borne by the Parties according to the prevailing laws and regulations.
- CBNCloud has the right to temporary disconnect the Services and its facilities if after the Services is activated and could be accepted by the CUSTOMER, the Customer failed to settle outstanding account according to the Subscription Fee.
TERMINATION OF THE SERVICE
- If the Customer terminated Time of The Service’s before the term of annual Service’s expires, Customer shall give prior notification 14 (fourteen) days before the end of the expiration date and shall PAY total subscription fee for any period unused.
- CBN has the rights to freeze or terminate the Internet Service under the Following condition:
- Customer’s negligence to paying obligations in accordance with the procedures specified by the CBNCloud;
- Customers have been violations of restrictions as is stipulated in the Terms and Conditions;
- Request has been made by Indonesian authority which required for official investigation of serious criminal action or any violation of Indonesian Laws.
- Notification shall be made prior to disconnection.
- Any and all rights and obligations of each of the Parties as provided for in this Terms and Conditions, which have not been exercised or fulfilled, shall remain the responsibilities of each Party to complete it
- The Parties agree to expressly waive the provisions of article 1266 and 1267 of the Indonesian Civil Code to the extent that the Parties agree not to seek any approval from the Courts nor ask the other Party to ask approval from the Courts in order to effect the termination of this Terms and Conditions.
APPLICABLE LAW AND DISPUTE SETTLEMENT
- Clause dan the implementation of the Terms and Conditions is under the law of the Republic of Indonesia.
- The Parties agree, that if any dispute or difference of any kind, arise out or in connection with this Terms and Conditions (”dispute”), to settle such Dispute in the first instance by mutual discussions between the Parties.
- Any such dispute that cannot be settled amicably by mutual discussion, shall be settled through South Jakarta District Court
- Each Parties are not liable for the delay or failure to fulfill its responsibility, caused by the following matters:
- Natural disaster, fire, earthquake, flood, landslide;
- An epidemic disease;
- War, civil war, rebellion, riots, lootings, sabotage, bombings, disturbance as the result of terrorism act;
- Company take over or confiscation by the Government or the authority, and;
- The enforcement or amendment of laws and regulations;
All which have a direct effect toward the implementation of the terms and conditions of this This Terms and Conditions.
On the event where a Party experiencing force majeure, soon after taking maximum measurements and still is unable to tulfill the Terms and Conditions, therefore the Parties shall conduct a negotiation to resolve the problem for the best solution for both Parties.
- Confidentially every party who knows that every Information obtained regarding or related to the activity of its counterpart, which was received as the effect of the conduct of this Contract is the information under secrecy of the information, which may consider by the counterpart under secrecy. Therefore each Party must preserve the secrecy of the information and shall not, without the consent of the other Party (the counterpart) disclose the information to the third party for any purpose other than which was permitted to by the prevailing Law.
- The translation of This Terms and Conditions was made to assist CUSTOMER in understanding the essence of This Terms and Conditions and shall not be considered as This Terms and Conditions. Therefore any dispute that may arise regarding the execution of This Terms and Conditions, both parties shall agree to use the original documents written in bahasa Indonesia as signed by both representatives.