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Terms and Conditions


PermataBisnis Payment Point Service Terms and Conditions

General Terms and Conditions of Permata Bisnis Payment Point Merchant Cooperation (hereinafter referred to as "GTC") is an agreement governing the provision of electronic payment transaction services through the Permata Bisnis Payment Point service between PT Bank Permata, Tbk., A banking company registered and supervised by The Financial Services Authority, domiciled in Jakarta (hereinafter referred to as "the Bank") with the Merchant (as defined in this GTC), is signed on the day and date as listed in the signature column of the last page of this GTC.

The Bank and Merchant are individually referred to as "Party" and collectively referred to as "Parties" hereby agree and commit themselves to all provisions in this GTC with the following terms and conditions.

Article 1

Definition

  1. "Biller" is a party that cooperates with the Bank as a provider of goods and/or services that has the right to claim and receive payments from Customers.
  2. "Merchant Blacklist" is a list that contains negative information regarding the Merchant's reputation issued by the authorized body or institution in accordance with the applicable laws and regulations.
  3. "Customer Data" is data used by the Customer to be able to make Transactions, including but not limited to Customer's name, customer code or number and the nominal amount of the transaction chosen or required to be paid by the Customer.
  4. "Transaction Documents" are Transaction Slips, records and other documents related to the Transaction.
  5. "Form" is a form that must be completed and signed by the Merchant in connection with the Merchant's submission of cooperation of the PBPP Services, both in the context of new submissions and/or changes, with the contents and forms determined by the Bank and constitute an integral part of this GTC.
  6. "Working Days" are the days on which the Bank operates clearing in accordance with the Regulator's provisions.
  7. "Calendar Days" are the days that follow the International calendar system.
  8. "Intellectual Property Rights (HAKI)" is all intellectual property, patent, trademark or rights on database, logo, design, slogan, findings or trade secrets, technical expertise, design rights, topography, trade and business names, domain names, trademarks and tools (registered or not registered) that are currently available or that will be issued in the future, as well as all other intellectual property rights, including the requests for every right (wherever the requests are made) that can be protected in all countries in the world.
  9. "Instruction" is every kind of command that is given by Merchant to the Bank to process and complete Transactions, in which the instruction format is provided and set by the Bank.
  10. "Transaction Limit" is the maximum limit of transactions that can be made daily by Merchant as informed periodically by the Bank.
  11. "Merchant ID (MID)" is the identification number as an identifying aspect of the Merchant to the Bank.
  12. "Merchant" is an individual or business that proposes a partnership to the Bank as a partner in providing PBPP Service at their business locations who becomes a Party to sign the GTC.
  13. "Reference Number" is the series of numbers which are electronically issued by the Bank as a transaction confirmation number registered at the Bank.
  14. "Password" is a security code that is needed by the Merchant to access PBPP Service.
  15. "User" is a party that is appointed, authorized, specified, or assigned by the Merchant to access and operate PBPP Service.
  16. "Customers" are people who make transactions at the Merchant.
  17. "Security Devices" include User ID, Password, USB Token or other safety devices as defined in the GTC that must be used to access PBPP Service.
  18. "Permata Bisnis Payment Point Service" (abbreviated as PBPP Service) is a web/internet-based banking service for Merchants that have made partnerships with the Bank to receive online payments from the Customers, including bill payments and phone credit top-up.
  19. "Merchant Account" is the account opened on behalf of the Merchant as stated in the Form that is used to conduct PBPP Service partnership, including debiting the Transaction, token fee, loss cost (if any), and other fees that will be informed by the Bank to the Merchant, as well as crediting discounts.
  20. "Regulators" include Bank of Indonesia, Financial Services Authority, or other authorized parties relevant to the GTC implementation.
  21. "Transaction Slip" refers to the receipt given by the Merchant to the Customers to be used as proof that the transaction has been made.
  22. "Successful Transaction" is the transaction that has been successfully made following the notes from the Bank
  23. "Transaction" refers to the transaction being made by the Customers at the Merchant, including but not limited to, receiving bill payments of credit card, electricity, telephone, television, internet, phone credit top-up, electricity token top-up, other online biller payments, loan payments, and other transactions that can be made through the PBPP Service in the future.
  24. "User ID" refers to the combination of letters and numbers that can be used as a way to access PBPP Service.
  25. 25. "USB Token" refers to a hardware that is used as a security authentification tool to validate access to PBPP Service and the authenticity of the Transaction.

Article 2

PBPP Service Partnership

  1. For the partnership request as a PBPP Service Merchant, the Merchant must provide the following documents to the Bank:
    1. Form that has been filled and signed by the Merchant.
    2. Other relevant documents that are required by the Bank.
  2. Merchant must inform the Bank in writing, including the submission of valid supporting documents if there are changes in the data of Merchant (profile update). If there are changes in the data of Merchant as defined in this paragraph, then the changes are effective for the GTC implementation since the data has been verified and processed at the internal Bank. Then, all documents given by the Merchant are possessed by the Bank completely.
  3. At its discretion, Bank has rights to accept or decline PBPP Service request from the Merchant. If the Bank accepts the Merchant's request, then Bank will send MID and Security Devices to the Merchant. However, if the Bank declines the request, the Bank will inform the Merchant in writing. The Merchant then accepts all Bank's decisions related to the PBPP Service request. All documents given by the Merchant are possessed by the Bank completely.
  4. Merchant will be charged for USB Token Fee during the request to become a Merchant, in which the amount is stated in the Form.

Article 3

General Conditions of Transaction Implementation

  1. The transaction at the PBPP Service can only be made through the Security Device as regulated in Article 4 of the GTC..
  2. The Transaction is made based on the instruction as well as the Customer's Data.
  3. Each Successful Transaction cannot be canceled either by the Merchant or Customer.
  4. The Bank has right to impose Transaction Fee ("Transaction Fee"), in which the fee should be informed by the Merchant to the Customer before the transaction is made and printed on the Transaction Receipt.
  5. The available balance in the Merchant's Account should be sufficient to process the Transaction requested by the Merchant.
  6. The Transaction requested by the Merchant should use Rupiah and should not exceed the Transaction Limit set by the Bank.
  7. If there is any difference in the debiting amount in the Merchant's Account that exceeds the Transaction amount, then the Merchant should inform the Bank approximately 7 (seven) Working Days since the occurrence in order to allow the Bank to return the cost difference. Bank has rights to reject the claim of reimbursing cost difference and is not responsible to cover partial or all requested funds by the Merchant, including the consequential loss, if there is one or more conditions as follows:
    1. The notification made by the Merchant exceeds the time limit as set in this paragraph.
    2. Based on the notes of the Bank, the debited fund from the Merchant's Account is in accordance with the Instruction and the Transaction options that are accepted by the Bank..
    3. Other things that are relevant to the applicable internal policy of the Bank.
  8. If there is any communication, internet network, or other breakdowns related to the use of PBPP Service during Transaction which cause instances like Transaction cancellation or rejection to be processed by the system but the Merchant's Account is still debited, then the Merchant must inform it to the Bank on the same day to be adjusted to the data in the Bank. The Parties then agree that the data in the Bank will become the reference to determine whether the Transaction is successful or not.
  9. The Bank has rights to postpone, decline, and cancel Instructions received from the Merchant by giving a prior notification based on the applicable statutory provisions if there is one or more instances as follows:
    1. There is a suspicion of a crime, fraud or cheating, violation of legal provisions or the applicable laws, and/or the internal policy of the Bank.
    2. According to the Bank's consideration, the Instruction can result in the Bank being liable and/or experience demands, complaints, and losses either directly or indirectly from any party.
    3. There is an order issued by the authorities that should be obeyed and conducted by the Bank.
  10. At its discretion or based on the agreement with Biller, Bank, at any time, can (but not obligatory) provide discount to Merchants based on the transaction type and the provisions of the Bank and/or the Biller. The amount of discount and the disbursement method will be informed by the Bank based on the applicable provisions. At its discretion, Bank has rights to change the amount of discounts being disbursed at any time.

Article 4

Security Devices

  1. Bank will give Security Devices to the Merchant and explain the instruction for using the Security Devices to access and make transactions.
  2. Merchants are responsible for maintaining confidentiality and security of the devices given by the Bank, including to prevent the abuse of Security Devices by hackers. Therefore, Merchants acknowledge and agree that the Bank is not responsible to analyze and investigate the authenticity and validity of the instruction and/or User Data being received from the Merchants, as well as examine and ensure the authority of the Merchants who sent the instructions or User Data to the Bank.
  3. Merchants are responsible to have an internal procedure to mitigate the risk of abusing Security Devices by any party and ensure that the party who sends Instruction and/or User Data to the Bank is the authorized party to use PBPP Services.
  4. Merchants, hereby, give a guarantee to the Bank that they, along with the employees and/or other parties partnered with the Merchant will not duplicate and/or create, give, rent, sell, move, divert, and change the function of the Security Devices either partly or fully to other parties in any circumstance, including but not limited to the abuse of Security Devices to make transactions other than what have been set in the GTC with any reason, including but not limited to crime, fraud or cheating.

Article 5

Transaction Slip

  1. A transaction is proven successful through the printed Transaction Slip with a success or complete status.
  2. Merchants must ensure that the Transaction Slip has stated all data relevant to the Transaction, including Reference Number and User Data that has been printed accordingly. If the Transaction Slip is not printed properly, then Merchants must ensure it through the Transaction report and ensure that the Merchant's Account has been successfully debited.

Article 6

Claims and Complaints

  1. Merchants are responsible to address every claim and complaint informed directly by the Customers regarding the Transaction approximately 30 (thirty) Working Days after the Transaction being made, in which the claims and complaints are related to business activity and/or mistakes from Merchant.
  2. Bank is responsible to address the Customer's complaints informed through the Merchant with the applicable provisions of claims and complaints service at the Bank, in which the claims and complaints are related to the business activity of the Bank and/or mistakes from the Bank. At any time, Bank has rights to ask relevant Transaction Documents, in which Customers or Merchants must immediately give the Transaction Documents to the Bank to address the claims or complaints.
  3. In addressing the claims or complaints, as requested by the Bank, Merchant must give required Documents and/or the copy of the Documents to the Bank approximately 1 (one) Working Day since the date of the first request from the Bank. If the Merchant fails or is late to give the Documents and/or the copy of Documents to the Bank, then Merchants must be responsible completely for the loss that might be experienced by the Bank, in which Merchants agree that the Bank will not provide compensation and/or responsibility in any form to any party or any

Article 7

Service Promotion

  1. Merchants are responsible to put up communication materials provided by the Bank in places that are easily seen, so that Customers know that the Merchant receives PBPP Service Transactions that are available at the Merchant's business site.
  2. Merchants give rights and authority to the Bank to put the Merchant's name in the guidebook or other promotion means set by the Bank.
  3. The cost incurred including promotional costs for PBPP Service as stated in this article is borne individually.

Article 8

Audit and Inspection

  1. Bank or other parties appointed by the Bank, or other parties based on the applicable legislations have rights to inspect or audit the PBPP Service, including to conduct an inspection to the Merchant's business site at the time set by the Bank. The inspection or audit process will be done by considering the applicable policies of the Bank..
  2. Merchants are responsible to assist Bank in conducting inspection or audit as explained in Paragraph 1 of this article.
  3. Merchants are required to save Transaction Documents approximately 30 (thirty) calendar days since the date of the transaction, and required to assist the Bank to conduct an inspection or audit as stated in this article by providing data and/or information or documents required by the Bank.

Article 9

Acknowledgement and Guarantee

  1. Each Party in the GTC hereby acknowledge and guarantee to the other Party in the GTC as follows:
    1. Each party is subject to law of the Republic of Indonesia and the representatives of the Parties in the GTC have a full right to sign and implement the GTC. The GTC does not conflict with the articles of association from every Party (if any) and the applicable legislations that should be followed by every Party in operating their businesses.
    2. Each Party has taken all required actions based on the provisions of each article of association of the Parties (if any) regarding the authority to implement the GTC and the legal subject of those who signed the GTC has been given the authority to do so for and on behalf of each party.
    3. Each Party will submit to and comply with all provisions available in this GTC as well as its revisions.
  2. Merchants acknowledge and guarantee that all data or information and documents related to the implementation of the GTC given by them to the Bank are valid, legitimate, truthful, transparent, complete, and accurate. Merchants declare that they are willing to be prosecuted in criminal or civil manner, including the termination of the partnership based on the GTC by the Bank if the Bank acknowledges or gets information from any party that the data or information and document given by the Merchant is incorrect or not completely correct or false.
  3. Merchants acknowledge to the Bank that the Bank has given sufficient information and explanation regarding the benefits, risks, and the implementation of PBPP Service, as well as the relevant costs for PBPP Service that will be used by the Merchants. The Merchants, hereby, acknowledge that they understand and are willing to cover all consequences regarding the implementation of PBPP Service.
  4. 4. Merchants acknowledge and guarantee that the Transaction made by the Merchants does not conflict with the provisions in the GTC and the applicable law. If the Bank finds an indication of transaction that is inappropriate with the provisions in the GTC and applicable legislations, including but not limited to the crime, fraud or cheating, that involve Merchant and/or family members and/or employees; then, the Bank has full rights to terminate the partnership with the Merchant as stated in this GTC by deactivating and/or taking the Security Devices from the Merchants.
  5. 5. Merchants hereby acknowledge, guarantee, and accept to be fully responsible for any risk and loss exposed to the Merchant, including claims, lawsuit and compensation request from any party that might happen in the future regarding the Merchant's action that is inappropriate with the provisions of the GTC, including but not limited to the mistake/negligence/violation of the Merchant for: (i) Transaction Instruction and Customer Data informed by the Merchant to the Bank; (ii) The cancellation of Successful Transaction by the Merchant; (iii) Transaction Fee imposed to the Customer that exceeds the Bank's provision; (iv) insufficient balance in the Merchant's Account to be debited by the Bank; (v) Transactions that exceed the Transaction Limit; (vi) confidentiality, security, abuse or fraud towards the Security Devices; (vii) transaction error or failure by the Merchant; (ix) fail or late to update the Merchant's data. Therefore, Bank is not responsible for risks and losses of the Merchants, including claims, lawsuits, and compensation requests in any form from any party.

Article 10

Confidentiality

During the validity of the partnership as stated in this GTC and at anytime thereafter, then:

  1. Any information and/or data given by the Bank to the Merchant and/or the Merchant's employees or other parties appointed by the Merchant and/or information and/or data obtained by the Merchant and/or the Merchant's employees or other parties appointed by the Merchant as the implementation of the GTC either through verbal, written, graphic or electronic media or information and/or data in other forms, including but not limited to the confidentiality of the bank as referred to the relevant laws on banking, during the negotiation or other works between Parties ("Confidential Information") is confidential.
  2. Merchants agree and approve to maintain Confidential Information obtained during the implementation of this GTC to any party or not to use it for the importance of Merchant or other parties without having a written agreement from the authorized stakeholders of the Bank or other authorized parties based on the applicable laws.
  3. The responsibility to maintain Confidential Information stated in Paragraph 1 and 2 of this article shall not be valid if:
    1. The Confidential Information becomes available for public.
    2. The Confidential Information is urged to be opened to fulfill the order of a court or other authorized government agencies.
    3. The Confidential Information is given in accordance with the applicable laws.
  4. Merchants further agree to take any action needed to prevent third parties to obtain access or cause any disclosure of the Confidential Information.
  5. In the event that the GTC expires, Parties agree that the Merchant's responsibility to maintain documents and materials that constitute the Confidential Information as regulated in this article will continue to apply.

Article 11

Restrictions

Without prejudice to the intent of other provisions regarding restrictions contained in this GTC, Merchants are prohibited from doing the following things:

  1. Perform actions that can result in losses for the Bank and/or that are contrary to the contents of the GTC, and/or perform business activities or actions that are contrary to the provisions, laws and regulations in force that are issued or stipulated by the Regulator.
  2. Perform actions to record or store and disseminate Customer Data to any party, including data that can be accessed through PBPP Services.
  3. Submit and/or transfer all or part of its rights and obligations arising under this GTC without prior written approval from the Bank by stipulating in a separate agreement document which will be drawn up and signed by the Parties and become an integral part of this agreement. Any submission and/or transfer conducted by the Merchant without a prior written approval from the Bank will be considered null and void.
  4. Perform transfer of funds made for the benefit of the Customer without permission from the Regulator.
  5. In any circumstance, Customer Data contained in the Transaction Slip is not permitted to be written, corrected, replaced, surveyed and/or modified by the Merchant.
  6. Merchants are prohibited from using Intellectual Property Rights (HAKI) of the Bank without written approval from the Bank. In the event that the Bank has given the written approval in question, the use of the Intellectual Property Rights of the Bank by the Partner cannot be interpreted as a transfer of the Intellectual Property Rights of the Bank to the Merchant. Merchants will then be fully responsible to the Bank in the event of misuse of the Intellectual Property Rights of the Bank whether caused by the Merchant or any third party.

Article 12

Negligence or Violation

Merchants will be considered negligent if:

  1. Merchants fail to carry out any obligation or violate or do not fulfill or are late to fulfill one or more of the provisions listed in the GTC.
  2. Merchants provide a statement or guarantee that is incorrect or does not correspond to reality.
  3. Merchants close the Merchant Account of other account(s) registered in the form.
  4. Merchants have conducted a suspicious transaction and/or conducted a transaction that is accompanied by elements of crime or fraud.

Article 13

Penalties

  1. If the Merchants are proven to perform prohibition, negligence, and violation to one or more of the provisions stipulated in this GTC, then the Bank, based on its consideration or policy, has the right to:
    1. Immediately stop or terminate the partnership with the Merchant as defined in this GTC.
    2. Deactivate and/or take the Security Devices or limit the use of features at PBPP Service without any prior notification.
    3. Requesting the Merchant to refund a sum of the value of the Transaction that is indicated as a suspicious Transaction and/or carried out with elements of crime or fraud by the Merchant.
    4. Demand compensation for negligence (if any).
    5. Block the Merchant Account and/or debit the Mearchant Account including funds in other accounts on behalf of the Merchant at the Bank to pay all Merchant's obligations arising under this GTC, including compensating for Bank losses arising from negligence (if any). In the event that funds in the Merchant Account are not available and/or insufficient, the Merchant must return all funds in cash to the Bank no later than 7 (seven) Working Days after the Bank submits the claim.
  2. Sanctions imposed on the Merchant for negligence or prohibition or violation of the GTC will not eliminate the Merchant's obligation to continue to fulfill all the requirements contained in the GTC.

Article 14

Notification and Correspondence

  1. Correspondence or notification from the Bank to the Merchant regarding the contents of the cooperation as stated in this GTC will be submitted in writing via expedition, e-mail, telex or facsimile and will be addressed to the addresses written on the Form.
  2. Correspondence or notification submitted by the Merchant to the Bank regarding the contents of the cooperation as stated in this GTC will be submitted in writing through the media specified on the website www.permatabank.com.
  3. If the Merchant changes the address, it should be notified to the Bank within 14 (fourteen) Calendar Days prior to the change of address. If the Merchant fails to notify the change of address, then the Merchant will be fully responsible and hereby agree that the Bank will not provide compensation and/or liability in any form to the Merchant or any party for all losses, risks and consequences that may arise caused by negligence committed by the Merchant.
  4. Notification and/or correspondence from the Bank to the Merchant is deemed to have been received or submitted if:
    1. On the same day if submitted directly and proven by the signature of acceptance in the delivery book (expedition) or other receipts issued by the sender.
    2. b. On the 5th (fifth) day, if sent by registered mail or courier with proof of delivery receipt from the registered mail or courier.
    3. On the same day, if sent via electronic mail (e-mail), telex or facsimile with good results.

Article 15

Term and Termination of Cooperation

  1. This GTC is effective on the PBPP Service activation date for a period of 2 (two) years and is automatically extended for the same period and so on if there is no confirmation of the termination of the GTC from one of the parties.
  2. If the Merchant wishes to terminate this GTC, a notification must be given in writing or through other media deemed valid by the Bank no later than 15 (fifteen) Working Days prior to the effective date of desired termination of the GTC.
  3. Bank has the right to terminate the GTC with the Merchant by deactivating and/or taking the Security Devices immediately without the obligation to notify the termination of the GTC in advance to the Merchant if one or more of the following occurs:
    1. If the Merchant is involved in a violation/negligence, as explained in article 12 of this GTC.
    2. If the Merchant is included as one and/or has a record in the Merchant Black List issued by the authorized institution and/or imposed a seizure, either part or all of their assets.
    3. If the Merchant is declared bankrupt based on 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 authorized institution for being declared bankrupt or is given a delay in paying off debts (surseance van betailing) or when another person or party submits an application to the authorized institution so that the Merchant is declared bankrupt.
    5. Merchants can no longer be based on applicable law, carrying out the provisions in the GTC.
    6. Merchants are no longer able to carry out their business activities on daily basis.
    7. Merchants are in a process of blocking and/or confiscation of their deposits or assets at the Bank by the authorized institution, including in a legal process through a court, arbitration and other judicial institutions which, based on the Bank's considerations, may interfere with or doubt the ability to fulfill the provisions in the GTC.
    8. GTC should be terminated based on the consideration of the Internal Bank.
  4. The termination of the cooperation stated in this GTC does not nullify all the rights and obligations of each Party, then each Party will remain bound until such obligations are declared complete by the Parties.
  5. 5. In the event of termination of this GTC, the Parties agree to waive Article 1266 of the Civil Code, so that the termination of this GTC does not require court approval.

Article 16

Force Majeure

  1. Force Majeure is defined as the events that occur beyond the capabilities and powers of the Parties affecting the implementation of the GTC, 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 the GTC.
  2. In the event of a Force Majeure event as stated above which affects the implementation of the obligations of a Party, then the Party experiencing the Force Majeure is obliged to notify and prove in writing or verbally to the other party in the GTC no later than 3 (three) Working Days since the occurrence of the Force Majeure is to be resolved by deliberation. If the party experiencing Force Majeure fails to notify the other Party within that timeframe, all losses, risks and consequences that may arise become the burden and responsibility of the Party experiencing the Force Majeure.
  3. In the event that Force Majeure occurs continuously, the Part that does not experience Force Majeure can choose whether to continue or terminate the GTC. If the Party that does not experience Force Majeure wishes to terminate the GTC, it must be notified in writing to the Party that has experienced Force Majeure in a time that is deemed suitable by the Party who has not experienced Force Majeure.

Article 17

Authority

  1. In the event that there is an implementation of the provisions in the GTC that require special authority from the Merchant, then the authority is deemed given by the Merchant to the Bank based on this GTC.
  2. The authority granted or stipulated in the GTC are irrevocable and constitute an integral part of the GTC, which cannot be revoked, canceled and will not expire due to any cause or event as long as the Merchant still has obligations to the Bank and the Parties hereby release the provisions of Article 1813, 1814 and 1816 of the Civil Code that applies in the Republic of Indonesia.
  3. In connection with the implementation of the PBPP Service partnership, the Merchant hereby authorizes the Bank to block or debit the Merchant’s Account and/or other account(s) on behalf of the Merchant at the Bank in connection with the following payments:
    1. Any costs for conducting Transactions and/or penalties incurred (if any) and/or a number of fees or funds required by the Bank in connection with the use of PBPP Services.
    2. Every difference in the amount that must be returned and/or deposited by the Merchant to the Bank due to the lack of debit or there is no debiting process in the Merchant Account for a Successful Transaction.
    3. Fees which constitute income rights from the Bank will be deducted directly by the Bank by debiting the Merchant’s Account during or after the execution of each type of Transaction or in accordance with the time determined by the Bank.
    4. A number of Transaction values along with administrative costs (if any) and credit it to the Biller's account at the time and after the due date of each amount as billed and/or requested and/or notified by the Bank to the Merchant.
  4. Merchants hereby authorize the Bank for and on behalf of the Merchant and hence the Bank has the authority to do the following:
    1. Managing the Merchant Account, including to credit and debit the Merchant Account in the event of a mistake or error in debiting and/or crediting in connection with the completion of the Transaction and/or the implementation of the contents of the GTC.
    2. Loss.
    3. Perform other actions deemed good by the Bank in connection with the implementation of the PBPP Service Transaction and or the actions regulated in the GTC.

Article 18

Dispute Resolution

Any disputes or differences of opinion ("Disputes") arising between the Parties regarding the implementation or based on this GTC will be resolved in the following manner:

  1. The Parties agree that any Disputes, to the extent possible, will be resolved by deliberation to reach consensus.
  2. For any Disputes which cannot be resolved by deliberation by the Parties, the Disputes must be settled through mediation in the banking sector.
  3. Any disputes that cannot be resolved either through consultation and/or mediation in the banking sector will be settled through one of the District Courts in the Republic of Indonesia determined by the Bank.

Article 19

Choice and Domicile of Law

  1. This GTC is created, interpreted and enforced based on the laws of the Republic of Indonesia.
  2. Regarding all matters concerning GTC with all its consequences, the Parties have agreed to choose a common and unaltered legal residence at the District Court Registrar's Office in the Municipality of Regency determined by the Bank.

     

     

Article 20

Other Provisions

  1. Bank will provide training to Merchant employees or officers on the procedures for using PBPP Services in accordance with the schedule agreed upon by the Merchant and the Bank.
  2. If a provision in the GTC declares invalid and/or contradictory and/or cannot be enforced legally, either in part or full, by the applicable statutory provision or by an authorized government agency, then the non-compliance or non-performance will not affect the validity of the other provisions in this GTC. However, if the non-compliance or non-performance results in the failure to achieve the objectives of this GTC, the Parties agree, with the best efforts, to replace the provisions that become invalid or unworkable with new provisions that reflect the intent and purpose of creating this GTC to the most extent.
  3. In the event that the Parties can no longer implement the contents of the GTC, the successors of their legal rights are bound by all the terms and conditions stated in the GTC.
  4. This GTC covers all agreements of the Parties and supersedes all previous offers, negotiations, exceptions and agreements, both verbally and in writing. If there is a difference between the provisions in the GTC and other agreement documents, then the provisions in this GTC apply, unless it has not been regulated in the GTC, the provisions in the other agreement documents apply.
  5. Bank has the right and authority to change the terms and conditions of this GTC at any time including but not limited to the fees mentioned in this GTC, and any changes will be notified by the Bank to the Merchant through the media that is considered valid and the changes are a single entity and an integral part of this GTC. If the Merchant objects to the changes stipulated by the Bank, the Merchant has the right to terminate the partnership as mentioned in this GTC by first fulfilling all of its obligations that are still owed to the Bank based on the GTC.
  6. All taxes and duties arising in connection with the implementation of this partnership become the responsibility and burden of each Party in accordance with the provisions of the applicable tax regulations.

THIS AGREEMENT HAS BEEN COMPATIBLE WITH THE PROVISIONS ON LEGAL REGULATIONS INCLUDING THE PROVISIONS ON THE REGULATION OF FINANCIAL SERVICES AUTHORITIES.

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