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Terms and Conditions


PermataBisnis Payment Point Service Terms and Conditions

General Terms and Conditions of Merchant Cooperation of Permata Business Payment Point (hereinafter referred to as “SKU”) is an agreement governing the provision of electronic payment transaction services through the Permata Business Payment Point service between PT Bank Permata Tbk, a banking company licensed and supervised by the Authority Financial Services , domiciled in Jakarta (hereinafter referred to as the “Bank”) with the Merchant (as defined in this SKU), signed on the day and date as stated in the signature column on the last page herein.

Bank and Merchant are individually referred to as "Party" and collectively referred to as "Parties" hereby agree and bind themselves to all provisions in this SKU under the following terms and conditions.

Article 1

Definition

  1. Biller is a party in association with the Bank as a provider of goods and /or services that has the right to collect payments from Customers.
  2. The Merchant Black List is a list containing negative information regarding the Merchant's reputation issued by an authorized agency or institution in accordance with the prevailing laws and regulations.
  3. Customer Data is data that is used by the Customer to be able to make Transactions, including but not limited to data regarding the Customer's name, Customer code/number and the nominal amount of the transaction that the Customer chooses or shall pay.
  4. Transaction Documents are Transaction Slips, records and other documents related to Transactions .
  5. Form is a form that shall be completed and signed by the Merchant in line with the Merchant's submission of PBPP Service Cooperation both in the context of new submissions and/or amendments, under the contents and form determined by the Bank and shall be an integral part hereof.
  6. Business Day is the day when the Bank operates and carries out clearing in accordance with Regulatory provisions .
  7. Calendar Day is a day according to the international calendar system
  8. Intellectual Property Rights (IPR) are all copyrights, patents, trademarks or rights to databases, logos, designs, slogans, inventions or trade secrets, technical expertise, design rights, topography, trade names and business names current and future existing domain names, brands and equipment (whether registered or unregistered) and all other intellectual property rights and requests for any such right (wherever such application may be filed) that can be protected in any country in the world;
  9. Instruction is any form of order given by the Merchant to the Bank to process and complete Transactions  where the instruction format is provided and determined by the Bank.
  10. Transaction Limit is the maximum transaction value limit that can be carried out by the Merchant on a daily basis as informed by the Bank from time to time .
  11. Merchant ID ("MID") is an identification number as a Merchant identification at the Bank.
  12. Merchant is an individual or business entity that submits an application to the Bank as a cooperation partner in providing PBPP Services at the location of his business which in this case becomes a Party in signing this SKU .
  13. Reference Number is a series of numbers issued by the Bank electronically as a Transaction confirmation number recorded at the Bank
  14. Password is a security code that is required as a means for Merchant to access PBPP Services.
  15. User(s) is the party(s) appointed/authorized/ determined/stipulated by the Merchant to be able to access and operate the PBPP Service.
  16. Customer(s) is the party(s) that make Transactions with Merchant.
  17. Security Device(s) is a User ID, Password,  USB Token or other forms of security as referred to in this SKU which shall be used to be able to access PBPP Services.  
  18. Permata Business Payment Points Services hereinafter referred to as PBPP Services, are web/internet-based banking services intended for Merchant who have cooperated with Bank to be able to accept online payments from Customers, among others, for the purpose of paying bills and purchasing top-up credit.  
  19. Merchant Account is a Merchant account opened in the name of the Merchant at the Bank as stated in the Form used for the implementation of the PBPP Service cooperation, including for debiting Transactions, token fees , loss fees (if any) and other costs that the Bank shall notify the Merchant and for discount crediting.  
  20. The Regulator is Bank Indonesia, the Financial Services Authority, or other authorized agencies in connection with the implementation hereof.
  21. Transaction Slip is a receipt that shall be given by the Merchant to the Customer used as proof that the Transaction has been carried out.
  22. Successful Transaction is Transaction that has been successfully completed in accordance with the Bank's records 
  23. Transaction is transaction made by the Customer to Merchant including but not limited to accepting payment of credit card bills, electricity, telephone, television, internet, cellphone credit top - ups, electricity token credit top-ups, other Biller bills online, loan payments and other transactions that can be carried out through PBPP Services in the future.
  24. User ID is a series of combinations in the form of letters and numbers that function as one of the means needed to access PBPP services.
  25. USB Token is a hardware device that is used as a security authentication tool that functions to validate access to PBPP Services and transaction authenticity .
  26. PermataTel is a self-answer machine service center ( IVR-Interactive Voice Response ) which can be accessed from a fixed line or cell phone for 24 hours via 1500111 or 021-29850611 or other telephone numbers stipulated by the Bank, from time to time.
  27. Personal Communication Facilities are means of personal communication, namely telephone, cell phone, electronic mail, short message service, voicemail, video calls and instant messaging applications.

Article 2

PBPP Service Cooperation

  1. In submitting as a Merchant PBPP Service, then Merchant shall have read and agreed to a summary of product and service information regarding PBPP Services and have understood all the benefits, risks and costs attached to PBPP Services and the Merchant shall submit the following to the Bank:
    1. Form that has been completed and signed by the Merchant;
    2. Other Documents as required by the Bank.
  2. The Merchant shall notify the Bank in writing accompanied by the submission of valid supporting documents if there is a change in the Merchant's data (profile update). If there is an amendment in Merchant data as referred to in this paragraph, the amendment shall be effective for the implementation of this SKU since the data has been verified and processed internally by the Bank. Furthermore, all documents that have been provided by the Merchant shall become the full property of the Bank.
  3. At its sole discretion, the Bank shall be entitled to accept or reject the PBPP Service request submitted by the Merchant. If the Bank approves the application submitted by the Merchant, the Bank shall send the MID and Security Device to the Merchant . However, if the Bank rejects the application, the Bank shall notify in writing to the Merchant by notifying the reason for the refusal to the Merchant unless stipulated otherwise in the laws and regulations. The Merchant shall then hereby agree to all Bank decisions related to the request for PBPP Services by the Merchant and all documents that have been provided by the Merchant shall become the property of the Bank.
  4. The Merchant is charged with a USB Token fee when submitting as a Merchant in the amount as stated on the Form
  5. The Merchant hereby gives approval to the Bank to: (i) use Personal Communication Facilities, data, information, personal information related to the Merchant obtained by the Bank from the Merchant for the purposes of providing and using PBPP Services and all other purposes as long as possible and permitted by the prevailing laws and regulations; (ii) use Personal Communication Facilities obtained by the Bank from Merchant for the purposes of marketing the Bank's products or other parties working with the Bank; (iii) make disclosure of Merchant's personal data, information, personal information to third parties who cooperate with the Bank in connection with Bank products and services , including but not limited to authorized agencies by taking into account of the provisions of the prevailing laws and regulations. For data use that requires the approval of other parties, the Merchant hereby declares that the Merchant has obtained written approval from any third parties for the use of such data, information and information, and therefore the Bank hereby shall not provide compensation and/or liability in the form of anything to the Merchant and any party for all risks, demands, lawsuits and or compensation that may arise in the future in connection with the use of data, and information that has obtained written approval by the Bank as long as the use of the data is carried out in accordance with the provisions of laws and regulations. The Merchant hereby states that the Merchant understands the purpose and consequences of the Merchant's agreement regarding the use of data, information and information as described in this paragraph.
  6. If (i) the Merchant objects to provide approval or the Merchant intends to revoke approval for the use of the Merchant's Personal Communication Facilities for the purposes of marketing the Bank's products or other parties working with the Bank and or (ii) the Merchant objects to provide approval or the Merchant intends to revoke approval for the Bank to disclose data, information, personal information related to the Merchant to third parties for marketing purposes for the Bank's products or other parties working with the Bank, the Merchant can visit the nearest Bank branch office or contact the Bank via PermataTel or other media determined by the Bank in the future.
  7. Objections to the approval or revocation of approval that have been submitted by the Merchant to the Bank either through the Bank's branch office or through PermataTel or other media stipulated by the Bank in the future as referred to in paragraph 6 hereof shall be effective as from being recorded in the Bank's system.

Article 3

General Provisions of Transaction

  1. Transaction on PBPP Services shall only be carried out using the Security Device as regulated in Article 4 of this SKU .
  2. Transaction shall be carried out under Instructions accompanied by Customer Data.
  3. Every Successful Transaction cannot be reversed either by the Merchant or the Customer .
  4. The Bank shall be entitled to charge a Transaction fee ("Transaction Fee") , where the fee shall be informed by the Merchant to the Customer before the Transaction shall be carried out and printed on the Proof of Transaction.
  5. The balance available in the Merchant Account is at least sufficient to process the Transaction submitted by the Merchant.
  6. Transaction submitted by Merchant shall use Rupiah and exceed no Transaction Limit set by the Bank.
  7. If there is a difference between the debit amounts in the Merchant's Account which exceeds the Transaction value, the Merchant shall notify the Bank within not later than 7 (seven) Business Days from the occurrence of the related Transaction so that the Bank can return the difference . The Bank shall be entitled to refuse claims for refund of the difference and shall not be obliged to replace part or all of the funds requested by the Merchant, including losses that may arise (consequential loss), if one or more of the following conditions exist:
    1. The notification made by the Merchant has passed the notification deadline as stipulated in this paragraph;
    2. According to the Bank's records, the amount of funds debited from the Merchant Account is in accordance with the Instructions and Transaction options received by the Bank; or
    3. Other matters are in accordance with the Bank's internal policies and violate no prevailing laws and regulations.
  8. In the event of a communication /internet network disruption or other disturbance related to the use of the PBPP Service when making a Transaction, which causes events to occur, among others, the Transaction is canceled or refused to be forwarded by the system but a Merchant Account is debited , then on the same day as The transaction is carried out, the Merchant must report it to the Bank to be adjusted with the records in the Bank. Furthermore, the Parties agree that what shall be used as a reference for the success or failure of the Transaction is in accordance with the records in the Bank.
  9. The Bank shall be entitled to postpone, refuse, not carry out and cancel Instructions received from the Merchant by notification in accordance with the prevailing laws and regulations by notifying the reasons for the said rejection or delay unless otherwise stipulated in the laws and regulations, if one or more of the following events:
    1. There is an allegation/presumption that there has been or will be the occurrence or there is a connection with an act of crime, fraud or deception, violation of the prevailing laws/regulations and/or internal regulations of the Bank; 
    2. According to the Bank 's reasonable considerations and not violating the prevailing laws and regulations, an Instruction may result in the Bank being burdened with a responsibility and/or experiencing claims, complaints, losses either directly or indirectly from any party; and
    3. The existence of an order issued by the competent authority shall be obeyed and implemented by the Bank.
  10. The Bank at its reasonable discretion and violates no prevailing laws and regulations or under a mutual agreement with the Biller, may at any time (but is not obligated to) provide a discount to the Merchant , according to the type of Transaction carried out and in accordance with the provisions of the Bank and/ or Biller whose amount and distribution method shall be notified by the Bank in accordance with the prevailing laws and regulations. The Bank, at its own discretion, shall have the right and authority from time to time to change the amount of the discount distribution.

Article 4

Security Device

  1. The Bank shall provide the Security Device Merchant and explain the instructions for using the Security Device by the Bank to be able to access and carry out Transactions.
  2. The Merchant shall be obliged to maintain the confidentiality and security of the Security Device that has been provided by the Bank to the Merchant including preventing misuse of Security Devices by hackers. Therefore, the Merchant acknowledges and agrees that the Bank shall not be obliged to examine or investigate the authenticity or validity of the Instructions and/or Customer Data it receives from the Merchant, including checking and ensuring the authority of the Merchant who sent the Instructions and/or Customer Data to the Bank.
  3. The Merchant shall be obliged to have internal procedures that can mitigate the risk of misuse of Security Devices by any party and ensure that the party sending Instructions and / or Customer Data to the Bank is the correct User authorized to use PBPP Services.
  4. The Merchant hereby guarantees to the Bank that the Merchant and all of its employees and/or other parties who work with the Merchant shall not reproduce and/or make, give, rent, sell, move, transfer and/or transform the Security Devices either partially or entirely to other parties for any reason, including but not limited to misuse of the Security Device to make transaction other than those specified in the SKU for any purpose, including but not limited to crime/fraud/ deception.

Article 5

Transaction Slip

  1. Transaction carried out by the Merchant is proven by the printing of the Transaction Slip with successful status. 
  2. The Merchant shall ensure that the Transaction Slip includes all data related to the Transaction including the Reference Number and Customer Data that has been printed properly . If the Transaction Slip is not printed properly, the Merchant shall ensure through the Transaction report and also ensure that the Merchant 's Account has been successfully debited.

Article 6

Claims or Complaints

  1. The Merchant shall handle directly any claims/complaints submitted by the Customer in connection with the implementation of the Transaction within not later than 30 (thirty) Business Days after the implementation of the Transaction in terms of claims/complaints related to business activities and or errors from the Merchant.
  2. The Bank shall be responsible for handling Customer complaints submitted through the Merchant under the claim/complaint handling service provisions that apply to the Bank in terms of claims/complaints related to Bank business activities and/or Bank mistakes. The Bank shall be entitled to request the related Transaction Documents at any time and the Customer/Merchant shall immediately provide the Transaction Documents to the Bank for handling claims/complaints.
  3. In order to handle claims /complaints, upon the first request from the Bank, the Merchant shall submit to the Bank the documents and/or copies of the required Documents to the Bank within not later than 1 (one) Business Day from the date of the first request from the Bank. If the Merchant submits no or is late in submitting Documents and or copies of Documents to the Bank, the Merchant shall be fully responsible for any losses that may be experienced by the Bank, and the Merchant hereby agrees that the Bank shall not provide compensation and or liability in any form whatsoever to any party for any claims, lawsuits and or compensation in connection with the Merchant's negligence in carrying out its obligations under the SKU.

Article 7

Service Promotion

  1. The Merchant shall be required to post communication materials provided by the Bank, in places that are easy to see so that the Customer knows that the Merchant accepts the implementation of the PBPP Service Transaction available at the Merchant's business location.
  2. The Merchant shall provide the right and authority to the Bank to include the Merchant's name in the manual or any promotional means stipulated by the Bank.
  3. Costs incurred including taxes from the promotion of PBPP Services as stipulated in this article shall be borne by each.

Article 8

Audit and Inspection

  1. The Bank or other parties appointed by the Bank, or other parties in accordance with the prevailing laws and regulations, shall be entitled to carry out inspections or audits of PBPP Services, including conducting inspections at the Merchant's location at the time stipulated by the Bank. Implementation of this inspection or audit shall be carried out with due observance of Bank policies and the prevailing laws and regulations.
  2. The Merchant shall be obliged to cooperatively assist the Bank in carrying out the inspection or audit as specified in paragraph 1 of this Article by providing the data, documents and/or information needed by the Bank in connection with the implementation of the SKU.
  3. Merchant shall be required to keep Transaction Documents for at least 30 ( thirty ) calendar days from the date of the Transaction and shall assist the Bank in carrying out the inspection or audit as referred to in this article by providing the data and or information /documents required by the Bank.

Article 9

Representations and Warranties

  1. Each Party in the SKU hereby represents and warrants to the other Parties in the SKU as follows:
    1. Each Party is a legal subject which is subject to the laws of the Republic of Indonesia and the party representing the Parties in this SKU shall have full rights to sign and execute the SKU. SKU neither conflict with articles of association of each Party (if any) nor violate the prevailing laws and regulations that shall be obeyed by each Party in carrying out its business.
    2. Each Party has taken all necessary actions in accordance with the provisions of the articles of association of each Party (if any) including regarding the authority to carry out the SKU and the legal subjects who sign the SKU have been authorized to do so for and on behalf of each party.
    3. Each Party shall submit to and comply with all the provisions contained in this SKU and its changes.
  2. The Merchant represents and guarantees that all data/information and documents provided by the Merchant to the Bank in connection with the implementation of the contents of the SKU shall be true, valid, honest, transparent data/ information and documents, complete and accurate. The Merchant hereby acknowledges and agrees that the Bank shall be enttiled to verify the correctness of the data/ information/ documents/information provided by the Merchant to the Bank. The Merchant states that it is willing to be sued criminally or civilly including terminating the collaboration under this SKU by the Bank if the Bank recognizes or obtains information from any parties that the data/information and documents provided by the Merchant are in fact incorrect/not entirely true/false.
  3. The Merchant declares to the Bank that the Bank has provided sufficient information and explanation regarding the benefits, risks, operations of the PBB Service, and costs related to the PBPP Service that shall be used by the Merchant and the Merchant hereby declares that it understands and is willing to bear all the consequences thereof that may arise in connection with the use of PBPP services.
  4. The Merchant represents and guarantees that the Transactions carried out by the Merchant violates the provisions of the SKU and the prevailing laws. In the event that the Bank finds indications of Transaction implementation which are not in accordance with the provisions of the SKU and the prevailing laws and regulations including but not limited to the presence of elements of crime or fraud, there is involvement of the Merchant and/ or his family and/ or employees; The Bank has full rights to terminate the cooperation referred to in this SKU with the Merchant by deactivating and/or withdrawing the Security Device on the Merchant. 
  5. The Merchant hereby declares, guarantees and agrees to be fully responsible for all risks and losses that may be exposed to the Merchant including claims, demands/lawsuits and requests for compensation from any party that may arise in the future in connection with the Merchant's actions which are not in accordance with the provisions herein including but not limited to acts of Merchant error/negligence/violation of: (i) Transaction Instructions and Customer Data submitted by the Merchant to the Bank; (ii) cancellation of Successful Transactions by the Merchant; (iii) the imposition of Transaction Fees on Customers that exceed Bank regulations; (iv) insufficient balance in the Merchant Account to be debited by the Bank; (v) Transaction which exceeds the Transaction Limit; (vi) confidentiality/security/abuse/fraud of Security Devices; (vii) disputes between Merchant and Customers; (viii) Transaction errors or failures by the Merchant; (ix) not/late updating of Merchant data. Therefore the Bank shall not be responsible for risks and losses to the Merchant, including claims, demands/lawsuits and requests for compensation in any form from any party.

Article 10

Confidentiality

During the validity of the cooperation as stated in this SKU and at any time thereafter, then:

  1. Any information and/or data provided by the Bank to Merchant and/or Merchant employees or other parties appointed by Merchant and/ or information and/or data obtained by the Merchant and / or Merchant employees or other parties appointed by the Merchant as implementation of the SKU whether given or delivered verbally, in writing, graphically or delivered via electronic media or information and / or data in other forms, including but not limited to bank secrecy as referred to in banking-related laws , during discussions or other work between the Parties ("Confidential Information") shall be confidential.
  2. The Merchant shall agree and approve that at any time it will keep the Confidential Information obtained as a result of the implementation of this SKU to anyone or shall not use it for the benefit of the Merchant or the interests of other parties, without obtaining prior written approval from an authorized official from the Bank or other authorized party in accordance with applicable legal provisions.
  3. The obligation to store Confidential Information as referred to in paragraphs 1 and 2 of this Article becomes invalid if:
    1. Such Confidential Information becomes available to the general public.
    2. Such Confidential Information is ordered to be disclosed in compliance with a court order or other authorized government agency.
    3. Confidential Information is provided in accordance with the prevailing legal provisions.
  4. The Merchant then agrees to make every effort and take every necessary action to prevent third parties from gaining access to or causing the disclosure of Confidential Information.
  5. In the event that the SKU ends, the Parties hereto agree that it is the Merchant's obligation to keep documents and materials confidential which constitutes Confidential Information as regulated in this Article shall remain in force.

Article 11

Prohibitions

Without prejudice to the other provisions regarding the prohibitions contained herein, the Merchant shall be prohibited from doing the following:

  1. Take actions that may result in losses for the Bank and / or that are contrary to the contents of the SKU and /or or carry out activities or business that violate a provision, law and the prevailing laws and regulations issued or stipulated by the Regulator;
  2. Carry out actions of recording/storing and disseminating Customer Data to any party , including data that can be accessed through PBPP Services ; 
  3. Submit and/or transfer all or part of their rights and obligations arising out under this SKU without prior written approval from the Bank as stipulated in a separate agreement document that shall be drawn up and signed by the Parties hereto and become an integral part hereof. Any such submission and/or transfer made by the Merchant without obtaining prior written approval from the Bank, shall be considered null and void ; 
  4. Carry out book-entry transactions (fund transfers) made for the benefit of the Customer without permission from the Regulator ; 
  5. Under no circumstances, it is not permissible for Customer Data as contained in the Transaction Slip to be written down, corrected, replaced, reviewed and/or changed by the Merchant;
  6. Merchant shall be prohibited from using the Bank's Intellectual Property Rights (IPR) without written approval from the Bank. In the event that the Bank has given the intended written approval, the use of the Bank's Intellectual Property Rights by the Partner cannot be interpreted as a transfer of the Bank's Intellectual Property Rights to the Merchant. The Merchant shall then be fully responsible to the Bank if there is any misuse of the Bank's Intellectual Property Rights either caused by the Merchant or any third party.

Article 12

Negligence or Violation

The Merchant shall be considered negligent if:

  1. The Merchant shall be negligent in carrying out an obligation or violates or fulfills no/ is late in fulfilling one or more of the conditions listed in the SKU;
  2. The Merchant provides a statement or guarantee that is incorrect or not in accordance with reality;
  3. The Merchant closes the Merchant Account or other account(s) listed in the Form
  4. The Merchant has made suspicious Transaction and/or made Transaction accompanied by elements of crime or fraud;

Article 13

Penalties

  1. If the Merchant is proven to have committed prohibitions, negligence, and violated one or more of the provisions stipulated in this SKU, the Bank under its reasonable considerations/policies and violates no prevailing laws and regulations shall then be entitled to:
    1. Terminate or end cooperation with the Merchant as referred to in this SKU immediately ; and/or
    2. Disabling and/or withdrawing the Security Device or limiting the use of features on the PBPP Service without prior notification; and/or
    3. Ask the Merchant to return funds in the amount of the Transaction value which is indicated as a suspicious Transaction and/or carried out with elements of crime or fraud or fraud by the Merchant ; and/or
    4. Claim compensation as a result of negligence (if any); and/or
    5. Block Merchant Accounts and/ or debit the Merchant Account including funds in other accounts on behalf of the Merchant at the Bank to pay all of the Merchant's obligations arising under this SKU including compensating the Bank for losses incurred due to negligence (if any). In the event that the funds in the Merchant Account are not available and/or insufficient, the Merchant shall return all of the funds in cash to the Bank within not later than 7 (seven) Business Days from the time the Bank submits the said claim ; and/or
  2. The sanctions imposed on the Merchant for negligence/prohibition/violation of the SKU shall not eliminate the Merchant's obligation to continue to fulfill all the requirements contained in the SKU.

Article 14

Notices and Correspondence

Letters or notifications from the Bank to the Merchant regarding the contents of the collaboration referred to in this SKU shall be delivered in writing via expedition, electronic mail (e-mail), telex, facsimile or other media determined by the Bank and shall be addressed to the addresses as referred to in the Form. However, specifically for transactions which according to the Bank are indicated as suspicious transactions, the Bank's notification to the Merchant can be delivered by the Bank directly or via recorded telephone. The Merchant shall notify the Bank and update the data if there is a change in the Merchant's address and telephone number as well as changes in company documents and or Merchant business documents.

Article 15

Term and Termination of Cooperation

  1. This SKU shall be effective on the activation date of the PBPP Service for a period of 2 (two) years and automatically renewed for the same period and so forth if there is no confirmation of the termination of the SKU from one of the parties. 
  2. If the Merchant intends to terminate this SKU , notification shall be given in writing or through other media deemed valid by the Bank within not later than 15 (fifteen) Business Days prior to the effective date of the desired SKU termination .
  3. The Bank shall be entitled to terminate the SKU with the Merchant by deactivating and/or withdrawing the Security Device immediately without the obligation to notify the Merchant of ending the SKU in advance if one or more of the following occurs:
    1. If the Merchant is involved in a violation/ negligence as specified in article 12 of this SKU.
    2. If the Merchant is included as one of and/or has a record on the Merchant Black List issued by an authorized institution and/or is subject to a confiscation, either partially or entire of his/her assets/wealth.
    3. If the Merchant is declared bankrupt under a court decision that has permanent legal force or is given a delay in paying debts (surseance van betailing).
    4. If the Merchant submits an application to the competent authority to be declared bankrupt or to be granted a delay in paying debts ( surseance van betailing ) or when another person/party submits an application to the competent authority so that the Merchant is declared bankrupt.
    5. Merchant can no longer, under the prevailing law, carry out the provisions in the SKU
    6. Merchant is no longer carrying out its business activities on a daily basis
    7. The Merchant is in a process of blocking and/or confiscating his savings or assets at the Bank by the competent authorities, including in a legal proceeding through court, arbitration and other judicial institutions which, according to the Bank's consideration, may interfere with or doubt the ability to comply with the provisions in the SKU
    8. Under the Bank's internal considerations, it is necessary to terminate the SKU.
  4. The termination of the cooperation as referred to in this SKU neither cancel nor eliminate all rights and obligations of each Party, so each Party shall remain bound until these obligations are declared completed by the Parties.
  5. In the event of termination of this SKU, the Parties hereto shall agree to waive Article 1266 of the Civil Code, so that the termination of this SKU requires no court approval.
     

Article 16

Force Majeure

  1. Force Majeure shall mean events that occur beyond the ability and power of the Parties so that they affect the implementation of this SKU, including but not limited to: earthquakes, hurricanes, floods, landslides, volcanic eruptions and other natural disasters, war, demonstrations, riots, terrorism, sabotage, embargoes, mass strikes, economic policies from the Government and other causes that directly affect the implementation of SKU.
  2. In the event of Force Majeure as referred to above occurs, affecting the implementation of the obligations of one Party, the Party having a Force Majeure situation shall be obliged to notify and prove in writing/orally to the other party in the SKU within no later than 3 (three) Business Days from the date of the occurrence of such Force Majeure conditions to be resolved by deliberation. In case the party having the Force Majeure fails to notify the other Party within that period, all losses, risks and consequences that may arise shall then be the burden and responsibility of the Party having the Force Majeure.
  3. In the event that Force Majeure occurs continuously, the Party without having Force Majeure can choose whether to continue or stop the SKU. If a Party that has not experienced a Force Majeure wishes to terminate the SKU, such intention shall be notified in writing to the Party having a Force Majeure within the time deemed appropriate by the Party without having Force Majeure.

Article 17

Power

  1. In the event that there is an implementation of the provisions in the SKU that requires special power of attorney from the Merchant, the power of attorney shall then be deemed to have been given by the Merchant to the Bank under this SKU.
  2. Authorizations provided or specified in the SKU shall be irrevocable and constitute an integral part hereof, which cannot be revoked, cannot be canceled and shall not expire due to any cause or incident as long as the Merchant remains having obligations to the Bank and the Parties hereto shall hereby waive the prevailing provisions of Article 1813 of the Civil Code in the Republic of Indonesia ("KUHPer") (which basically regulates the termination of the power of attorney by (i) withdrawing the power of attorney, (ii) notification of termination of power of attorney by attorney, (iii) death, amnesty or bankruptcy, both the principal and the attorney),  Article 1814 of KUHPer (which basically regulates the termination of power by withdrawing the power of attorney) and article 1816 of KUHPer (which basically regulates the termination of power due to the appointment of a new person receiving power of attorney to carry out the same business).
  3. In connection with the implementation of the PBPP Cooperation, the Merchant shall hereby provide power and authority to the Bank to block/debit the Merchant Account and/or other account(s) on behalf of the Merchant at the Bank in connection with the payment of:
    1. Any costs for carrying out the Transaction and/or fines incurred (if any) and/or the amount of fees/funds required by the Bank in connection with the use PBPP services.
    2. Any difference in the amount that shall be returned and/or deposited by the Merchant to the Bank in connection with a shortage or non-debiting of the Merchant Account for a Successful Transaction.
    3. fees which constitute the right of income from the Bank shall be deducted directly by the Bank by debiting the Merchant Account at the time or after the implementation of each type of Transaction or according to the time determined by the Bank.
    4. the amount of the Transaction value along with administration fees (if any) and credit it to the Biller's account at and after the maturity of each of these amounts as billed and/or requested and/or notified by the Bank to the Merchant.
  4. The Merchant shall hereby empower the Bank on behalf of the Merchant and therefore the Bank shall hereby be authorized to do the following:
    1. Manage Account Merchant including for crediting and debiting the Account of the Merchant in the event of an error in debiting and/or crediting in connection with the settlement of the Transaction and/or execution of the contents hereof.
    2. loss .
    3. Carry out other actions deemed good by the Bank in connection with the implementation of PBPP Service Transactions and or actions set out hereof.

Article 18

Legal Selection and Dispute Settlement

  1. This SKU shall be made, interpreted and enforced under the laws of the Republic of Indonesia.
  2.  Any conflicts, disputes or dissenting opinion ("Disputes") that arise between the Parties in connection with the implementation or under SKU shall be resolved in the following manner:
    1. The Parties agree that any Dispute, as far as possible, shall be resolved by means of deliberation to reach a consensus.
    2. Any Disputes that cannot be amicably resolved to reach a consensus by the Parties, the Disputes shall then be resolved through the Alternative Settlement Institution for the Financial Services Sector
    3. Any Disputes that cannot be resolved either by deliberation to reach a consensus and or through Alternative Settlement Institutions for the Financial Services Sector shall be resolved through one of the District Courts in the Republic of Indonesia as determined by the Bank.

Article 19

Other Provisions

  1. The Bank shall provide training to Merchant employees/officers regarding procedures for use PBPP services according to the schedule agreed by the Merchant and the Bank .
  2. If a provision herein is declared invalid and/or in contradictory with and/or legally unenforceable, either in partially or entirely, by a provision of the prevailing laws and regulations or by an authorized government agency, the discrepancy or inapplicability shall then not be affect the validity and enforceability of other provisions in this SKU. However, if the discrepancy or inapplicability resulting in not properly achieving the objectives of the SKU, the Parties shall agree, with their best efforts, to replace the provisions that become inapplicable, invalid or unenforceable with new provisions which reflect the aims and objectives herein.
  3. In the event that the Parties hereto are no longer able to carry out the contents hereof, their successors or legitimate successors shall be bound by all the terms and conditions contained herein.
  4. This SKU constitutes and includes all agreements of the Parties and replaces all offers, negotiations, exclusions and previous agreements both verbally and in writing. If there are differences between the provisions in the SKU and the other agreement documents, the provisions herei shall then apply, unless it has not been regulated in the SKU, then the provisions in the other agreement documents shall apply.
  5. The Bank shall be entitled at any time to make changes to the contents hereof by giving notice to the Merchant within no later than 30 (thirty) Business Days before the change in question takes effect or other period as permitted by the prevailing laws and regulations (" Notification Period "). In the event that the Merchant disagree with the changes to the contents hereof submitted by the Bank, the Merchant can submit an objection and entitled to terminate the use of the PBPP Service during the Notification Period by first fulfilling all payment obligations that are still owed to the Bank under the SKU (if any). If the Merchant files no objection to changes to the contents hereof submitted by the Bank during the Notification Period, the Bank shall be entitled to assume that the Merchant agrees to the changes and the Merchant shall be bound by all changes made by the Bank.
  6. If the Merchant takes actions outside the provisions as stipulated in this SKU, then all claims and or lawsuits and or claims submitted by other parties in connection with the actions taken by the Merchant shall be entirely the responsibility of the Merchant, and the Merchant shall hereby hold the Bank harmless from any consequences of that negligence.
  7. This SKU is made in English and Indonesian. The two language versions shall behave equally. In the event that there are differences in understanding in this SKU, the Indonesian version shall prevail.
  8. If there is a complaint regarding Bank Permata products/services or there is a notification that the Merchant intends to convey to the Bank, the Merchant shall submit the intended complaint or notification through PermataTel with telephone number 1500111 or 021-29850611 or through other media determined by the Bank which can be read on the website www.permatabank.com, by preparing the documents that shall be needed in connection with the complaint submitted or the notification in question. 
  9. All taxes and duties incurred in connection with the implementation of this cooperation are the responsibility and burden of each Party in accordance with the provisions of the applicable tax regulations.
  10. The Merchant will always comply with the provisions set by the Bank including the Anti-Bribery policy in force at the Bank and promise and commit not to give gifts, commissions, rebates or other forms/actions that can be categorized as bribery to the Bank, Bank employees and/or other third parties related to the Bank and/or Bank employees in connection with the implementation of the contents herein.
    Bank can terminate, discontinue, or postpone SKUs at any time with or without any reasons if there are indications of bribery committed by or on behalf of or for the benefit of the Merchant.
  11. The Merchant declares that the Bank has given sufficient time to understand the entire contents of this SKU.

THIS SKU HAS BEEN CUSTOMIZED PROVISIONS OF LEGAL REGULATIONS INCLUDING REGULATIONS OF THE FINANCIAL SERVICES AUTHORITY

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