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Terms and Conditions


Terms and Conditions of PermataEDC Service

This General Terms and Conditions of PermataEDC Services (hereinafter referred to as "GT&C") is an agreement governing cooperation in providing banking services using EDC machines owned by PT Bank Permata Tbk, a banking company registered with and supervised by the Financial Services Authority and a participant of the Deposit Insurance Agency (LPS), domiciled in Jakarta (hereinafter referred to as "the Bank").

The Merchant, by signing this GT&C, agrees to submit and commit itself to this GT&C under the terms and conditions as described below:

Article 1

Definition

As long as it is not defined otherwise, the terms mentioned below shall have the following meanings:

  1. Issuing Bank refers to refers toa Bank and/or other banks in general and/or institution other than the bank that issues the Cards.
  2. Minutes of Handover (BAST) refers to refers toa minutes of hand over  of the installation of PermataEDC at the Merchant's premise in accordance with the format and content specified by the Bank which includes the date of the installation of PermataEDC and the functioning of the Permata- EDC at the Merchant’s premise.
  3. Chargeback refers to a claim made to the Merchant for any successful Sale Transaction and/or QR Transaction that has been paid by the Bank to the Merchant.
  4. Collateral refers to any refers toamount of funds agreed by the Merchant as collateralto be blocked by the Bank in connection with the use of PermataEDC.
  5. Contactless refers to refers toa method of transaction with PermataEDC by means other than Dip or Swipe, by tapping/touching the PermataEDC.
  6. Merchant Blacklist refers torefers to a list of Merchant with negative information on the Merchant's reputation issued by the authorized institution in accordance with the p applicable laws. 
  7. Dip refers to refers tothe activity of entering the chip base card into the chip reader at PermataEDC in making Transactions.
  8. Documents refers to refers toSettlement Slips, EDC Transaction Slips, invoices, purchase orders, delivery orders, records, including all copies of these documents and other documents relating to the Transaction.
  9. EDC (Electronic Data Capture), hereinafter referred to as "PermataEDC", refers to refers toa Bank owned machine/terminal to accept and process Transactions, including but not limited to all equipment such as adapters, power cables, battery caps, connector download, connector power, PIN covers which is the property of the Bank lent and/or leased by the Bank to the Merchant.
  10. Bank Facilities refers to refers tofacilities and/or infrastructure owned and provided by the Bank to process and monitor Transactions made by the CardHolders and/or the Customers such as PermataTel, PermataNet, PermataMobileX Navigator Services, PermataATM Services, PermataEDC Services and Bank counter  services as well as other services/facilities developed by the Bank at a later date.
  11. Transaction Cancellation Form refers to refers toa form used by a Merchant to submit a request to cancel a the Sale Transaction and/or QR Transaction that has been processed by the Bank, in a format determined by the Bank.
  12. Calendar Day refers to refers toa day according to the international system calendar.
  13. Business Day refers to refers toany day on which the Bank operates and performs clearing activities  as stipulated by Regulator. 
  14. Domestic Network refers torefers to a network managed by the Bank or Indonesian local switching consisting of ATM Bersama, PRIMA and ALTO networks that enter into the National Payment Gateway system in accordance with Bank Indonesia Regulations (PBI) related to the National Payment Gateway or other networks that will will establish cooperation at a later date.
  15. International Network refers to refers toa network managed by international switching/principals where the Bank is already a member of the network such as VISA, MASTERCARD, MAESTRO, or other networks that will establish cooperation at a later date.
  16. Card s refers to a Debit Card and/or Credit Card issued by the Issuing Bank.
  17. Debit Card refers to refers toa card used by Cardholders to make a cash withdrawals, funds transfers and payments by deducing directly the Cardholder's funds saved or deposited with the Issuing Bank.
  18. Credit Card refers to refers toa card used by Cardholders to make payments and/or cash withdrawals, on which the funds are covered initially by Issuing Bank and Cardholder is required to repay it with the procedure and timeline agreed with the Issuing Bank, 
  19. Approval Code, hereinafter referred to as the Approval Code, refers to refers toa code accepted by PermataEDC for every Transaction that has passed the Authorization and is printed on the EDC Transaction Slip.
  20. Merchant Discount Rate ("MDR") refers to refers toa fee that must be paid by the Merchant to the Bank for every Sale Transaction and QR Transaction as further provided for in Article 8 of this GT&C.
  21. Merchant Data Form (MDF) refers to refers toa form that contains information about the Merchant and other information that is completed by the Merchant, which is required as an application, amendment and implementation of cooperation under this GT&C, which constitutes an integral and inseparable part of the GT&C.
  22. Merchant refers to refers toan  individual or entity that uses PermataEDC services to accept Transactions.
  23. Partner refers to refers toother parties that enters into cooperation with the Bank to receive Payment Point Transaction and  the payments for prepaid voucher payments or other payments via the Bank Facility.
  24. Customer Number refers to the code/identi-fication number that is owned and used by the Customer for the Payment Point Transaction.
  25. Authorization refers to the Issuing Bank approval on Transactions made by the Card-holders.
  26. Authentication refers to one of the activities that validate transactions made by the Cardholders by inputting the Card PIN or affixing signature as stated on the reverse page of the card.
  27. Parties refers to the Bank and the Merchants implementing the contents of this GT&C.
  28. Party refers to one of the parties or each party implementing the contents of this GT&C, Which is the Merchant or the Bank.
  29. Customers refers to individuals or non-individuals purchasing the Merchant products/ services and making Transactions via Merchant’s Permata EDC. 
  30. Cardholder refers to every customer of the Bank and/or other banks that are legally the owner of the Card whose name and signature are listed on the Card and shall be entitled to use the Card in accordance with the terms and conditions of the Issuing Bank.
  31. PIN (Personal Identification Number) refers to a secret password used by the Cardholders as an authentication when making Transactions.
  32. Merchant Account is a Merchant account opened in the bank under the name of the Merchant as specified in the MDF which is used as a Merchant escrow account, and other Merchant’s account maintainde in the Bank.
  33. Cardholder Account refers to an account owned by a Cardholder that maintained in the Issuing Bank.
  34. Regulator refers to Bank Indonesia, the Financial Services Authority, or other authorized agencies/institution related the implementation of this GT&C.
  35. Swipe is an activity of swiping a magnetic stripe Card on the reader of PermataEDC fot Transaction Purposes. 
  36. Settlement refers to the process of deliverying the recapitulation data to the Bank system for Sale Transactions and/or QR Transactions that has been made via PermataEDC and used as a basis for billing Sale Transaction and/or QR Transactions from the Merchant to the Bank.
  37. Transaction Slips refers to receipts issued by PermataEDC for Transactions which containsthe Merchant location, Merchant name, Card Number, Cardholder’s  Name (if any), date of signature column transaction (if any) and Approval Code.
  38. Merchant Invoice refers to an amount of fund of invoice from a Transaction that must be paid by the Bank to the Merchant.
  39. Transactions refers to Sale Transactions and/or Mini ATM Transactions and/or QR Transactions made via PermataEDC.
  40. Payment Point Transaction refers to one of the features of the Mini ATM Transaction which constitutes a payment transaction for general service bills of telecommunications and internet services, credit cards, insurance, installments, personal loans, plane ticket payments, tuition fees, and other types of bills to be developed in the future, that shall be paid by the Customer to the Partner. 
  41. Successful Transaction refers to a Transaction which has an Authorization marked by the issuance of Approval Code in PermataEDC as printed on the Transaction Slip and recorded as being successful on the Bank recording.
  42. Fallback Transaction refers to the activity of reprocessing any failed transaction using Chip Card by means of swipe whereas it has been processed initially by means of dip
  43. Mini ATM Transactions refers to transactions other than Sale Transactions and QR Transactions including but not limited to features of Payment Point Transactions, Inquiry, fund transfers, and other transactions provided by the Bank in the future, where the fund transfer feature is only intended for certain Merchants approved by the Bank.
  44. Sale Transaction refers to a Payment Transaction made by a Customer for the purchased of a Merchant's products or services conducted at PermataEDC by using a Card through the Domestic Network and/or the International Network.
  45. QR Transactions refers to payment transac-tions made via the QR Code scanner device that is owned by the Customer on the QR Feature registered in the name of the Merchant with PermataEDC.
  46. Intellectual Property Rights hereinafter referred to as "IPR" refers to all copyrights, patents, trademarks or rights to databases, logos, designs, slogans, inventions or trade secrets, workmanships, rights to design, topography, trade names and business names, domain names, brands and equipment (both registered and unregistered) which is currently in existence and will be in existence at a later date and all other intellectual property rights including applications for such rights (wherever such application can be submitted) which can be protected in any country in the world;
  47. QR Feature refers to one of the features of accepting payments without using a Card where PermataEDC will generate/print a QR Code then can be scanned using the Customer's devices in order to complete the Transaction.
  48. QR Code refers to a standard code generated/ printed from the PermataEDC that is used for Transaction purposes by  scanning which contains information/data required to process the Transactions. 
     

Article 2

Merchant Partnership

  1. PermataEDC provided by the Bank can be used by the Merchants for the purpose of accepting Transactions, where such Transaction facility either or both can be selected adjusted to the needs of the Merchant or the Bank'sdiscretion.
  2. For the purpose of applying Permata EDC to process the Sale Transaction and/or Mini ATM Transaction, the Merchant shall provide the following:
    1. MDF that has been completed and signed by the Merchant to the Bank;
    2. Supporting documents as required and informed by the Bank to the Merchant.
  3. At its sole discretion, the Bank reserves the right to accept or reject the application submitted by the Merchant for using Permata EDC. In the event the Bank rejects the Merchant's applica-tion, the Bank will notify the Merchant in writing that the application of the Merchant. Furthermore the Merchant hereby approves all Bank’s decisions related to the approval or rejection of the Merchant’s application and all the submitted regards to Merchant’s application are entirely become the property of the Bank.
  4. If the Bank approves the Merchant’s application to use PermataEDC, the Bank will install the PermataEDC at the Merchant’s premies..
  5. All Transactions and Settlements processed via the PermataEDC must be in Rupiah currency.
  6. At its sole discretion, , if necessary, the Bank may request the Merchant to provide a certain amount of funds as a Collateral for Transactions made via PermataEDC where the amount will be stipulated by the Bank.
  7. In connection with the implementation of the PermataEDC cooperation, the Merchant is required to provide accurate data and/or supporting documents to the Bank and must be updated accordingly if there is any  changes..

Article 3

Merchanism for Using

The mechanism for using PermataEDC in general is subject to the following provisions:

  1. Implementation of  Sale Transactions using a Card should be processed by way of Dip, Swipe, or Contactless at PermataEDC according to the type of Card Authentication.
  2. For chip-based Credit Cards and/or Debit Cards, the Merchants may only make Transactions by way of Dip, and shall be prohibited from making transactions by way of Swipe or Fallback Transactions.
  3. If  the Sale Transaction and/or QR Transaction has successful, the Merchant can deliver the purchased/paid goods or services along with the Transaction Slip as proof of the transaction to the Customer.
  4. The status on the Mini ATM Transactions shall refer to the Bank records based on the reconciliation results between the Bank and the Partners.
  5. The Merchant must ensure that the Transaction Slip containing transaction data and the Approval Code is well-printed and follows the following conditions:
    1. For Mini ATM Transactions, 2 (two) copies of Transaction Slip shall be printed as follows:
      • 1 (one) original shall be kept by the Merchant; and
      • 1 (one) copy shall be given to the Customer, and can be reprinted for the Bank.
    2. For Sale Transactions and/or QR Transac-tions, the Transaction Slip shall consist of 3 (three) copies as follows:
      • 1 (one) copy shall be given to the Merchant;
      • 1 (one) copy shall be given to the Customer;
      • 1 (one) copy shall be given to the Bank.
  6. If PermataEDC does not issue a Transaction Slip for any reason other than the paper is running up, the Merchant shall perform the following:
    1. For Sale Transactions: the Merchant shall re-print the last transaction, and if there is no transaction in question, the Merchant can reprocess the transaction.
    2. For Mini ATM Transactions: the Merchant shall re-print the last transaction and check the transactions activity  on the account. In the event of interruption on the telecommunication line or other disruptions related to usage of PermataEDC when process the Mini ATM Transaction which causes the following events: Transaction Slip is not printed, Transaction is canceled or rejected whereas the account has been debited, the Merchant must report the Transaction to the Bank on the transaction date to be reconciled match with the Bank records. The Parties agree that the Bank’s records shall be used to determine the success or failure of a Mini ATM Transaction . The Merchant can check the status of the QR Transaction by inputing the invoice number into PermataEDC.
  7. Under any circumstances and conditions, the Customer and/or the Cardholder data contained in the Transaction Slip is not permitted to be written, repaired, replaced, surveyed and/or modified by the Merchant.
  8. The Merchant has the right not to process and/ or reject the Transaction with the following condition :
    1. The Card has s not activated.  .
    2. Transaction status on the PermataEDC is declined or has been rejected by the Issuing Bank.
    3. The Card has been altered, damaged or reprinted in any way without the approval of the Issuing Bank.
    4. The PermataEDC machine does not issue Transaction Slips (not because the paper is used up).
    5. The Approval Code is not listed in the Transaction Slip
    6. The Card has been blocked for any reason.
    7. The Card has expired.
    8. Inconsistency during the Authentication in accordance with Article 5 section 3 of the GT&C.
    9. The Credit Card used is a local Non Chip based. 
    10. The Card is suspected to be counterfeited or indicated as fraud or proceeds of crime. If the Merchant finds tjis type of  Card, the Merchant must report the same to the Bank.
  9. Transaction through the QR Feature can be perform by the Customer by scanning the QR Code that is generated/ printed from PermataEDC.
  10. QR Transactions that can be accepted at the PermataEDC are Transactions that are based on Quick Response Code Indonesian Standard (QRIS) as regulated in the applicable laws and regulations.

Article 4

Mini ATM Transactions

  1. The Bank, at its sole discretion or based on an agreement with the Merchant, can provide revenue sharing to the Merchant, accordance to the type of Customer’s  Mini ATM Transaction and the provisions of the Bank and/or the large-scale Merchant and the procedures for the distribution thereof will be notified by the Bank in accordance with the provisions of applicable laws and regulations. The Parties agree that the Bank, at its sole discretion, has the right and authority from time to time to change the amount of revenue sharing.
  2. The Parties agree that specifically for Payment Point Transactions by the Cardholder/Customer in the Merchant shall be deemed valid if:
    1. The Cardholder/Customer has inputed the Customer Number or account number of the payment destination correctly.
    2. The Approval Code is imprinted on the EDC Transaction Slip.
    3. The Merchant or the Cardholder/the Customer Account has been debited (in the case of bill payments), or the credit balance of the Cardholder/the Customer has increased to the value of the voucher purchased (in the case of credit voucher purchases).
    4. In the reconciliation data, it has been declared as successful as the amount of payment made by the Cardholder/the Customer.
  3. The Merchant shall be responsible and hereby agrees that the Bank shall not be liable toindemnify and/or held responsible in any form to the Merchant or other party for any losses/ damages and/or demands and/or lawsuits and/or claims and/or requests for compensation from any party that may arise in connection with the implementation of Payment Point Transactions accompanied by elements of crime or deception or fraud by the Merchant.
  4. In case of discreoency in debiting Merchant’s Account, no later than 7 (seven) Business Days as of the date of the Payment Point Transaction, the Merchant shall report such difference to the Bank viathe Bank Facility. If such report is submitted after the specified period and/or such Payment Point Transaction is reported as a Successful Transaction based on the Bank’s report, thus , the Bank has the right to reject and waive the Merchant's report or claim. In such condition, the Parties agree that the reconciliation  shall refer to the Bank’s records .
  5. The Bank Bank shall be entitled to impose charges to the Customer as the Bank's income from Payment Point Transactions that have been made via the PermataEDC. The amount of such fees must be informed by the Merchant to the Customer before the Payment Point Transaction is made by the Merchant and the amount of such fees will be printed on a Transaction Slip separated from the nominal of the Payment Point Transaction. Upon the imposition of fees as referred to in this paragraph, the Merchant is fully responsible for any demands, claims and/or lawsuits from the Customer and/or any other party that may arise in connection with the obligation to provide information about such imposition of these fees.
  6. The charges as referred to the section 6 of this Article will be debited directly from the Merchant’s or Cardholder’s Account by Bank during or after the Payment Point Transaction at the time specified by Bank.
     

Article 5

Authentication

All Transactions made through PermataEDC must be authenticated as a form of ratification of Transactions from the Customers/the Cardholders.

  1. In general, the authentication accepted by the PermataEDC is as follows:
    1. Sale Transaction: Card PIN or signature, depending on the authentication method requiered by the respectiveCard Issuing Bank.
    2. Mini ATM Transactions: Card PIN
    3. With regard to Contactless Transactions, the provisions for authentication shall be carried out based on certain Transaction nominal which are determined based on the policies of each Issuing Bank.
    4. With regard to QR Transactions, there is no Authentication to be carried out because Authentication is carried out on the device used by the Customer in scanning QR Code.
  2. The Merchant shall be obliged to ensure that the input of the PIN on the PermataEDC by the Customer shall be carried out safely and is not known by the Merchant or other parties.
  3. Specifically for the type of authentication using signatures, the Merchant shall be obliged to ask the Customer to sign the Transaction Slip then match the name, Card number and signature of the Cardholder on the Transaction Slip with the name, Card number and signature printed on the Card. If there are differences, then the Merchant shall be obliged to reject such Transaction.

Article 6

Cancellation, Failure of The Transaction and Refund

  1. With regard to Mini ATM Transactions through PermataEDC, transaction cancellation is not permitted.
  2. With regard to Sale Transactions, if cancellation process is carried out before the Settlement process, then the cancellation of Transaction shall be done via the void menu on PermataEDC and the Merchant is not allowed to provide cash to the relevant Customer for any reason.
  3. With regard to QR Transactions, if the Merchant receives the QR Refund Feature facility on the PermataEDC, then the refund request can be made through the QR Refund Feature, for a maximum of 7 (seven) Calendar Days after the date of the QR Transaction. If the Merchant does not receive the QR Refund Feature facility on PermataEDC, the refund process shall be carried out using the Transaction Cancellation Form by complying with the provisions as referred to in paragraph 4 of this Article.
  4. If the cancellation process as referred to in paragraphs 2 and 3 of this Article is carried out after the Settlement process on PermataEDC or carried out after 7 calendar days after the QR Transaction has been made, the Merchant shall be obliged to send the Transaction Cancellation Form to the Bank no later than 30 (thirty) Calendar Days as of the Settlement process or the QR Transaction is made under the following conditions:
    • The Bank will refund the amount as stated in the Transaction Cancellation Form by debiting the Merchant's account.
    • If the funds existing in the Merchant's account are not sufficient for the cancellation process, the cancellation process cannot be carried out.
    • If the Merchant is late in sending the Transaction Cancellation Form, the Bank has the right not to make payments for such Transaction cancellation.

Article 7

Settlement and Payment

  1. Settlement shall only be applied to Sale Transaction and shall be performed by the Merchant at the latest 5 (five) Calendar Days from the date of Transaction at Permata EDC. 
  2. For QR Transactions, Settlement will be carried out through the system.
  3. The Merchant Invoice payment process for Sale Transactions and/or QR Transactions will be made no later than 1 (one) Calendar Day after the Settlement process, minus MDR.
  4. The Bank will make payments based on Settlement recorded in the Bank system.
  5. After payment of the Merchant’s Invoice as referred to in paragraphs 2 and 3 of this Article, if there is a difference in payment to the Merchant, then:
    1. In the event of any overpayment, the Bank will send a notification to the Merchant and the Bank will debit amounting to the value of the difference from the Merchant's account and the Merchant authorizes the Bank with regard to such debit. In the event that the funds in the Merchant’s Account are insufficient, the Merchant shall be obliged to refund such overpayment to the Bank through the Bank Facility no later than 7 (seven) Calendar Days as of the date of the Settlement process or after the Merchant receives a report from the Bank, whichever comes first;
    2. If an underpayment occurs, the Merchant will report the same to the Bank no later than 2 (two) Business Days as of the date of Settlement accompanied by the supporting documents required.
    3. Based on the investigation reports and/or Bank records, the Bank will pay such underpayment not later than 7 (seven) Business Days after such investigation reports.
    4. If the report on the underpayment to the Merchant is only reported by the Merchant after the lapse of time period specified in item (a) or (b) above, the Bank has the right to reject and waive the Merchant's report or claim.
  6. In the event of an error/mistake in payment of the Merchant’s  invoice made by the Bank, which causes such overpayment or underpayment than the amount of payment that should be paid by the Bank, the Bank has the right, in good faith, to at any time correcting such error/mistake by debiting or crediting the same from/to the Merchant’s Account. In this regard, the Merchant hereby authorizes the Bank to debit the Merchant’s Account at any time to make corrections to such payments. In the event that funds in the Merchant’s Account are not available or insufficient, the Bank has the right to claim the Merchant for the amount that has been credited to the Merchant’s Account or has been paid to the Merchant, or deduct such amount from the payment obligation on the Merchant's bill or the Merchant shall be obliged to refund all amounts in cash to the Bank no later than 7 (seven) Business Days after the Bank submits such claim.
  7. In the event of a suspicious Transaction and/or exceeding a certain amount limit determined by the Bank against the Merchant for any reason whatso-ever, the Bank reserves the right at any time to suspend to credit the funds to the Merchant’s Account or block the Merchant’s Account until the investigation process is completed within the period of time as determined by the Bank.

Articlel 8

Cost

  1. The Bank may impose the following charges to Merchant:
    1. Rental costs for PermataEDC machine; and
    2. MDR cost.
  2. The Payment of such chargesas referred to in paragraph (1) of this Article shall made by:
    1. Debiting the Merchant Account; and/or
    2. Direct deduction from Transaction proceeds for payment of MDR fees.
  3. The fees as referred to in paragraph 1 of this Article are listed on the MDF or written noti-fication that will be given by the Bank to the Merchant.
  4. The Parties agree that the Bank has the right at any time to change the amount of fees as referred to in paragraph (3) of this Article based on Bank policy and/or prevailing laws and regulations with prior notification to the Merchant in accordance with the provisions of prevailing laws and regula-tions through communication media as determined by the Bank.

Article 9

Chargeback

The Parties agree that the provisions of Chargebacks are as follows:

  1. The Merchant shall be responsible for Chargebacks, due any of the following conditions ::
    1. The Merchant processes any prohibited Transac-tions or takes actions that are not permitted, or violates agreements with the Customers or the provisions relating to Sale Transactions.
    2. If the Bank has made a Merchant’s Invoice to the Merchant, but at a later date it is proven that the Merchant is involved in the use of counterfeit, stolen cards or cards obtained from other criminal acts.
    3. The Cardholder does not recognize or object to the Sale Transaction and the Merchant cannot provide a copy of the Transaction Slip and other evidences of the Transaction to the Bank.
  2. In the event of a Chargeback, the Bank reserves entitled and authorized to:
    1. Debit the Merchant Account or deduct the Merchant Invoice payment to be paid by the Bank to the Merchant with an amount equal to the Chargeback amount; or
    2. If the funds in the Merchant's account are insufficient in the amount of Chargebacks, the Bank will bill the Merchant and the Merchant must pay the bill no later than 1 (one) Business Day after the bill is received by the Merchant.
  3. For any Chargeback’s transaction that results in financial loss to the Bank, the Merchant agrees to be responsible as provided for in Article 18 paragraphs 4 and 5 of this GT&C.

Article 10

Customer Claims and Complaints

  1. The Parties agree that the Merchant is obliged to deal directly with claims or complaints of Cardholders and/or Customers in connection with all Transactions through PermataEDC no later than 30 (thirty) Working Days after the date the Transaction is made.
  2. The Merchant will be responsible and hereby release the Bank from any claims made by the Customer, if there is a dispute between the Customer and the Merchant in connection with the purchase of goods and/or services and the implementation of the Transaction.
  3. The Parties agree that the Bank is required to handle each Cardholder's claim related to the payment process to the Merchant, no later than 20 (twenty) Working Days from the date the claim or complaints was received by the Bank and if all documents and requirements specified by the Bank have been fulfilled.
  4. If the Bank requires a supporting Document (EDC Transaction Slip) of the Transaction that has been made, the Merchant agrees and is obliged to provide the intended Document (in the form of facsimile or e-mail) within 1 (one) Working Day since the first written request from the Bank. In the event that the Merchant fails to fulfill the request within the specified time period, the Bank has the right to directly debit the Merchant Account at the transaction value claimed by the Cardholder and/or Customer. 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) Business Days after the Bank submits the claim.

Article 11

Suspicious Transaction

  1. In the event of a suspicious transaction according to the Bank made through PermataEDC that exist at the Merchant, including transactions exceeding the specified amount limits as deter-mined by the Bank, the Bank will investigate and has the right to stop/deactivate/withdraw the PermataEDC machines that exist at the Merchant, and/or delay any transaction payments to the Merchant or block the Merchant’s Account until the investigation process is completed within a period of time as specified by the Bank.
  2. If it is proven that the transaction violates the GT&C and/or prevailing laws and regulations, the Bank has the right to debit the Merchant’s Account to compensate the Bank and/or other party losses arising from such transaction, and the Merchant shall be responsible as provided for in the provisions of Article 18 paragraphs 4 and 5 of this GT&C. In this case the Bank is not required to make a refund for funds the crediting of which has been suspended by the Bank or blocked funds as referred to in paragraph 1 of this Article. If the funds in the Merchant’s Account have not been successfully debited or the funds are insufficient, the Merchant shall be obliged to provide the funds within no later than 7 (seven) Business Days as of the date the Bank informs the investigation reports to the Merchant.

Article 12

Service Promotion

  1. The Merchant is obligated to put/install Permata EDC mark/logo provided by the Bank, on easily visible places in order that the Customers are aware that the Merchant accepts Transactions through PermataEDC.
  2. The Bank may inform each Customer of the PermataEDC facility for the purchase of goods/ products at the Merchant through the media determined by the Bank including information on the program for Customers who make Transactions at PermataEDC.
  3. The Merchant grants the Bank the rights and authority to include the Merchant's name and logo in the instruction manual or any promotional means determined by the Bank.
  4. Any costs arising from the PermataEDC promo-tion as stipulated in this article shall be borne by each Party in this GT&C, and in particular for tax expenses incurred in connection with the installation of banners at the Merchant's location shall be borne by the Merchant.

Article 13

Maintenance

  1. The installation shall only be carried out at the Merchant's location after having been approved by the Bank and the Merchant is prohibited from moving the PermataEDC without the Bank's permission. In this case, the Bank will provide education/training to the Merchant and/or its employees related to the procedure for making transactions through PermataEDC in accordance with the schedule agreed upon by the Parties.
  2. The Merchant is obligated to maintain and safe-guard the security and integrity (good condition) of PermataEDC and the Merchant is prohibited from changing, disassembling, adding or subtracting components of PermataEDC.
  3. The Merchant is not permitted to use Permata EDC in the interest of other parties or to accept Transactions from other Merchants.
  4. The Merchant is obligated to inform all employees regarding the terms and conditions relating to the use of PermataEDC Equipment, especially the employees who work at the point of sales of the goods/products/services and to ensure that the PermataEDC Equipment is only operated by the Merchant and/or Merchant’s employees who have received training from the Bank in accordance with the applicable instructions for use.
  5. In connection with the maintenance carried out by the Bank at the PermataEDC installation location, the Merchant will at any time allow the Bank to check the condition and/or conduct regular maintenance of PermataEDC Equipment placed at the Merchant.
  6. If PermataEDC does not operate properly, the Merchant is obligated to report to the Bank no later than the same date when the event occurs so that PermataEDC can be inspected by the officers appointed by the Bank and the Bank will immediately make repairs/ replacements to the non-functioning PermataEDC after receiving a report from the Merchant and the Merchant is not allowed to repair the equipment himself. All losses arising from non-functioning of PermataEDC Equipment, either directly or indirectly shall be the full responsibility of the Merchant.
  7. The Merchant is obligated to return PermataEDC completely if the Merchant no longer cooperate with the Bank, no later than 10 (ten) Business Days from the expiry date of the GT&C or at the request of the Bank. In the event that the Merchant fails to return PermataEDC in good condition for any reasons whatsoever, the Merchant is obligated to pay the PermataEDC replacement costs at a certain amount determined by the Bank.
  8. In the event of a Transaction failure and/or an interruption in the Transaction execution caused by the Merchant's error/negligence, the Merchant shall be responsible as provided for in Article 18 paragraphs 4 and 5 of the GT&C.

Article 14

Document

  1. The Bank has the right to inspect Documents kept by the Merchant, including inspection to the Merchant's premise.
  2. The Merchant is obliged to retain the Documents and all evidences relating to the Transaction for at least 18 (eighteen) months commencing from the date of the Transaction, even though the Merchant no longer cooperate with the Bank related to the use of PermataEDC.
  3. In the event of a Chargeback imposed by the Issuing Bank, the Merchant must be able to provide a proper (clear/legible) Transaction Slip at the latest within D+1 business day commencing from the time the Bank contacts the Merchant and requests the Merchant to provide a Transaction Slip.
  4. If the Merchant does not or  delayed to submit the Documents to the Bank, the Merchant shall be fully responsible as referred to in Article 18 paragraphs 4 and 5 of the GT&C.

Article 15

Audit and Inspection

  1. The Bank or other parties designated by the Bank, or other parties in accordance with the prevailing laws and regulations, has the right to \ inspect or audit on PermataEDC services, including conducting an inspection to Merchant's premise at the specified  time determined by the Bank. The inspection or audit shall comply with the Bank's policies and the prevailing laws and regulations.
  2. The Merchant shall cooperatively assist the Bank in carrying out the inspection or audit as referred to in paragraph 1 of this Article by providing data, documents and or information required by the Bank in connection with the implementation of the GT&C.

Article 16

Acknowledgement and Guarantee

  1. Each Party hereby acknowledges and warrants to the other Party to the GT&C as follows:
    1. Each Party is a legal person subject to the laws of the Republic of Indonesia and the party representing the Parties in this GT&C has the full right to sign and execute the GT&C. The GT&C do not conflict with the articles of association of each Party (if any) and do not violate the prevailing laws and regulations that must be complied with 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) among others with respect to the authority to execute the GT&C and the official who signs the GT&C has been authorized to do so for and on behalf of each Party.
    3. Each Party will subject to and comply with all provisions set forth in this GT&C along with the amendments thereto.
  2. The Merchant acknowledges and warrants that it will accept the Transaction properly and with full responsibility and does not take any actions, in contravention of the laws, laws and regulations prevailing within the territory of the Republic of Indonesia.
  3. The Merchant acknowledges and warrants that all data/ information and documents submitted by the Merchant to the Bank in connection with the implementation of the GT&C are truthful, legal, reliable, transparent, complete and accurate data/ information and documents. The Merchant repre-sents that it is willing to be prosecuted either under criminal or civil law procedures, including the termination of cooperation under this GT&C by the Bank if the Bank is aware or obtains information from any party that the data/infor-mation and documents provided by the Merchant are found to be incorrect/not completely true/fake.
  4. The Merchant acknowledges and warrants that the Transactions processed through PermataEDC and Bank Facilities are Transactions that do not violate any the provisions of the prevailing laws and regulations and provisions regarding acceptance of the Transactions as provided for in the GT&C. In the event that the Bank finds any indication of the execution of the Transaction that is not in accordance with the provisions of the prevailing laws and regulations and/or provisions regarding acceptance of the Transaction as stipulated in this GT&C, the Bank has the full right to terminate the cooperation as referred to in this GT&C with the Merchant by deactivating PermataEDC and/or withdraw the PermataEDC machine placed at the Merchant, and the Merchant hereby indemnifies the Bank against all claims and/or demands arising in connection with the deactivation and/or withdrawal of the PermataEDC by the Bank.
  5. The Merchant hereby warrants to the Bank that the Merchant along with all of its employees and/or other parties cooperating with the Merchant will not reproduce and/or make, provide, rent, sell, move, transfer and/or change the function of the PermataEDC either partially or wholly to other parties for any reason whatsoever, including but not limited to the misuse of PermataEDC to conduct any transactions other than as those specified in the GT&C for any purpose, including but not limited to crime/fraud/deception.
  6. If there is a Transaction made with the elements of crime or deception or fraud and there is an involvement of the Merchant and/or his/her family and/or employees, the Merchant shall be responsible as stipulated in Article 18 paragraphs 4 and 5 of the GT&C. In the event that funds in the Merchant’s Account are not available and/or insufficient, the Merchant is obligated to return all funds in cash to the Bank no later than 7 (seven) Business Days after the Bank files the claim.
  7. The Parties agree in the case of an audit or inspection or any request for information in the form of data or other documents from Bank Indonesia or the Financial Services Authority or other parties in accordance with the laws and regulations, the Parties agree to provide and give any such information or documents.

Article 17

Confidentiality

During the validity of the cooperation as referred to in this GT&C and at any time thereafter:

  1. Any information and/or data provided by the Bank to the Merchant and/or the Merchant’s employees and/or information and/or data obtained by the Merchant and/or the Merchant’s employees from the implementation of this GT&C, either given or submitted verbally, in writing, in the form of graph or submitted through electronic media or informa-tion and or data in other forms including but not limited to regarding the bank secrecy (conditional matters) as referred to in the banking related laws, during the course of discussions or during other work between the Parties ("Confidential Infor-mation") are confidential in nature.
  2. The Merchant agrees and concurs that it at any time will keep the Confidential Information obtained from the implementation of the GT&C to anyone or will not use such Confidential Information in the interests of the Merchant or in the interests of other parties, without obtaining prior written approval from the authorized officer of the Bank or other authorized parties in accordance with the provisions of the prevailing laws.
  3. The obligation to keep Confidential Information as referred to in paragraphs 1 and 2 of this Article shall not be applicable, if:
    1. The Confidential Information becomes available to the general public.
    2. The Confidential Information is ordered to be disclosed to fulfill orders of a court of law or other authorized government agencies.
    3. The Confidential Information is provided in accordance with the provisions of the prevailing laws.
  4. The Merchant further agrees to make every effort and take every action necessary to avoid any third parties from gaining access to or resulting in the disclosure of Confidential Information.
  5. In the event that the cooperation as referred to in this GT&C ends, the Parties agree that the Merchant's obligation to keep the documents and materials which constitute Confidential Informa-tion as regulated in this Article will continue to apply.

Article 18

Event of Default, Prohibition and Sanctions

  1. The Merchant shall be considered negligent if:
    1. The Merchant does not execute the Settle-ment process within the stipulated period as referred to in Article 7 of the GT&C.
    2. The Merchant takes any action which violates the provisions or carries out prohi-bited transactions as referred to in Article 3 of this GT&C.
    3. The Merchant fails to return the Permata EDC completely within the period specified by the Bank.
    4. The Merchant takes any actions or makes any Transactions that result in Chargeback.
    5. The Merchant does not update the Merchant’s data during the period of cooperation specified in this GT&C.
    6. The Merchant does not provide sufficient funds in the Merchant Account to be debited for the PermataEDC rental fee.
    7. The Merchant discloses the confidentiality of Customer data and transactions through PermataEDC as stipulated in Article 17 of this GT&C.
    8. The Merchant provides acknowledges or warranty that is incorrect or does not correspond to the reality.
    9. The Merchant does not inform the condition of force majeure in accordance with the specified deadline.
    10. The Merchant is negligent to carry out any obligation or violates one or more provisions set forth in the GT&C.
    11. The Merchant closes the Merchant Account or other account (s) registered with the MDF while it is still bound to this GT&C.
    12. The Merchant does not submit or is late in submitting the Documents as provided for in Article 14 of this GT&C.
    13. The Merchant violates the provisions and/or prohibitions as provided for in this Article.
  2. Without prejudice to the purposes of other provisions regarding prohibitions as contained in the GT&C, the Merchant is prohibited from doing the following matters:
    1. Taking actions that may result in losses to the Bank and or that are in conflict with the GT&C and or carrying out activities or businesses that violate any provisions, laws and the prevailing laws and regulations issued or stipulated by the Regulator;
    2. Assigning and or transfering all or a part of its rights and obligations arising under this GT&C without prior written approval from the Bank by stipulating in a separate agreement document to be made and signed by the Parties and become an integral and inseparable part of this Agreement. Any assignment and/or transfer carried out by the Merchant without prior written approval from the Bank, shall be considered null and void;
    3. Requesting additional charges/money to the Customers for Sale Transaction services and/or QR Transactions accepted by the Merchant. Specifically for Mini ATM Transactions, the Merchant is allowed to charge certain transaction fees to the Customers;
    4. Writing or recording data that can be accessed from the Card by any means, including but not limited to Swipe outside PermataEDC and all forms of double Swipe on Transactions using Card as well as storing and disseminating data to any party without prior approval from the Bank;
    5. Under any circumstances, data of the Debit Card Holder contained in the EDC Transaction Slip should not be written, reviewed or replaced, corrected and/or modified manually;
    6. The Merchant is 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 said written approval, the use of the Bank's IPR by the Partner cannot be interpreted as a transfer of the Bank's IPR to the Merchant. The Merchant shall subsequently be fully responsible to the Bank in the event of misuse of the Bank's IPR either caused by the Merchant or any third party;
    7. Conducting direct or indirect billing and/or paying back cash to the Customer for Sale Transactions and/or QR Transactions that have occurred;
    8. Using the Merchant's own Credit Card at PermataEDC installed at the site;
    9. Receiving payments for the sale of goods and/or services without physical Card, except based on written approval from the Bank;
    10. Making cash withdrawals for the Merchant’s purposes or at the request of the Cardholders at the Merchant Locations for any reasons in the Sale Transactions and/or QR Transac-tions using Credit Card funding sources.
    11. Receiving Sale Transactions that are used to refinance existing debt or to replace a dishonored check;
    12. Making a Fallback Transaction;
    13. Using 2 (two) or more EDC Transaction Slips to avoid splitting of the Transactions amount that occur for any purposes (split sales);
    14. Providing EDC Transaction Slip to the Customer without a Transaction in advance with the Customer;
    15. Determining a minimum transaction value for the Cardholders who will conduct Sale Transactions and/or QR Transactions through PermataEDC at the Merchant;
    16. If the Card used turns out to be suspected of being a fake or stolen card or is the result of a crime, the Merchant is obligated to reject the Transaction and hold the Card with the best possible effort and immediately notify the Issuing Bank and must carry out further instructions from the Issuing Bank.
  3. If the Merchant is proven to have abused trangressed, neglected, and violated one or more provisions provided for in this GT&C, the Bank, based on its own consideration/policy, has the right to impose sanctions in the form of:
    1. Discontinuation or termination of coopera-tion with the Merchant as referred to in this GT&C immediately; and/or
    2. Postponement or non-payment of Tran-saction proceeds to the Merchant including revenue sharing and/or deduction or recol-lection of payments that have been paid; and/or
    3. Blockage of the Account and/or debit of the Merchant Account and/or debit of the security deposits and/or Collateral Merchant funds for the PermataEDC rent, or other matters due to the Merchant's negligence/ default for payment of compensation. In the event that funds in the Merchant Account are not available and/or insufficient, the Merchant is obligated to return all funds in cash to the Bank no later than 7 (seven) Business Days after the Bank files the said claim; and/or
    4. Deactivation of the PermataEDC and/or withdrawal of PermataEDC without having to give prior notice to the Merchant; and/or
    5. Asking the Merchant to refund the funds amounting to the Transaction value indicated as Suspicious Transaction and/or Transaction that is indicated to have been carried out with the elements of crime or deception or fraud by the Merchant; and/or
    6. Collection of all and any amount of money payable by the Merchant based on the contents of this GT&C immediately and simultaneously; and/or
    7. Demand of compensation due to the occurrence of event of default (if any); and/or
    8. Debit of the funds available in the Account including the funds available in the other accounts in the name of the Merchant in the Bank to pay all obligations of the Merchant arising under this GT&C including compen-sation for the Bank losses arising from such negligence (if any); and/or
    9. Asking the Merchant to pay an amount of money no later than 7 (seven) Business Days commencing from the date of the payment request submitted by the Bank to the Merchant, if the funds in the Account have not been blocked or debited or the funds are insufficient to pay all Merchant obligations arising under this GT&C.
  4. If the Merchant is negligent, in default, and/or in violation of all obligations of the Merchant and provisions stipulated in this GT&C, and causes material and immaterial losses to the Bank, the Merchant itself, or other parties, all risks and losses shall be the responsibility of the Merchant. Therefore, the Merchant is responsible and obligated to fully indemnify for all risks and losses sufferred and the Merchant is obligated to pay any losses and all payment claims that arise and the Merchant agrees that these are not the responsibility of the Bank and that the Bank will indemnify against any demands, lawsuits, claims, demands for compensation that may arise and submitted by the Customers/Cardholders and/or any other party. The Bank has the right to claim compensation for all losses arising from the negligence, default and violations of all obligations of the Merchant.
  5. If the Merchant does not have good faith in being responsible and making payment of compensation as referred to in paragraph 4 of this Article, the Bank reserve the right to debit the Merchant Account and/or not making payment of the Merchant Payment Claims as compensation for losses in accordance with the provisions of this GT&C or by other ways to settle the compensation.
  6. Sanctions imposed on the Merchant for the negli-gence/prohibition/violation of the GT&C shall not eliminate the obligation of the Merchant to continue fulfilling all requirements contained in the GT&C.

Article 19

Notification and Correspondence

  1. Any correspondence or notice from the Bank to the Merchant in connection with the contents of the cooperation as referred to in this SKU will be submitted in writing via freight forwarding companies, e-mail, telex or facsimile and will be addressed to the addresses as mentioned in the MDF. However, specifically for transactions which according to the Bank are indicated as suspicious transactions, the Bank's notice to the Merchant can be delivered in person by the Bank or by telephone.
  2. Any correspondence or notice delivered by the Merchant to the Bank in connection with the contents of the cooperation as referred to in this GT&C will be submitted in writing through the media specified on the website www.permatabank.com.
  3. If the Merchant changes the address, the change shall be notified to the Bank within a period of 14 (fourteen) calendar days prior to the change of address. If the Merchant fails to notify the change of address, then the Merchant shall be responsible as regulated in the provisions of Article 18 paragraphs 4 and 5 of the GT&C.
  4. The notice and/or correspondence from the Bank to the Merchant shall be considered to have been received or submitted under the following condition:
    1. On the same day, if it is personally delivered as evidenced by the recipient's signature in the delivery (freight forwarding) log book or other receipt issued by the sender;
    2. if it is sent by registered mail/courier as evidenced by the delivery receipt from the registered mail/courier.
    3. On the same day, if it is sent via electronic mail (e-mail), telex or facsimile with good results.

Article 20

Time Period and Termination of Cooperation

  1. This GT&C shall be effective on the date as specifoed in COA for a term of 2 (two) years and is automatically extended for the same period and so on if there is no confirmation of termination of the GT&C from the either party.
  2. If the Merchant intend to terminate this GT&C, the notification  must be given in writing or through other medias that deemed as credible by the Bank no later than 15 (fifteen) Business Days prior to the effective date of termination.
  3. The Bank has the right to terminate the GT&C with the Merchant by deactivating and/or withdrawing PermataEDC immediately without the obligation to notify the termination of the GT&C in advance to the Merchant if one or more of the following matters occurs:
    1. If the Merchant is involved in negligence as described in Article 18
    2. If the PermataEDC machine is not used for Transactions for 3 (three) consecutive months,
    3. If the Merchant is included as one and/or has a record in the Merchants Blacklist issued by the authorized institution and/or its assets or property either in parts or all are imposed with seizures.
    4. If the Merchant is declared bankrupt based on a court verdict that has had permanent legal force/standing or is given a suspension of debts payment obligation (surseance van betailing).
    5. In the event that a Merchant submits an application to the relevant agencies to be declared bankrupt or to be given a suspension of debts payment obligation (surseance van betailing) or in the event that another person/ party submits an application to the authorized agencies in order that the Merchant be declared bankrupt.
    6. Based on consideration of the Internal Bank to have to terminate the GT&C.
  4. In the event of termination of the GT&C, the Merchant shall be obliged to return the Permata EDC in good and complete condition.
  5. The termination of the cooperation as referred to in this GT&C does not cancel or nullify all the rights and obligations of each Party, then each Party will remain bound until such obligations are declared completed by the Parties.
  6. In case of termination of the agreement as stipulated in this T&C, the Parties agree to waive Article 1266 of the Indonesian Civil Code and, accordingly, no court award is required for termination of this agreement.
  7. Upon the GT&C termination, the Merchant remains responsible for the implementation of the Transaction made up to 18 (eighteen) months as of the date of the last Transaction and the Merchant shall be obliged to keep the Transaction Slip for the transactions made during such period.

Article 21

Force Majeure

  1. Force Majeure refers to events that occur outside the ability and control of the Parties that affect the implementation of this GT&C, including but not limited to: earthquakes, hurricanes, floods, landslides, volcanoes and other natural disasters, wars, demonstrations, riots, terrorism, sabotage, embargoes, mass strikes, economic policies of the Government and other causes that directly affect the implementation of GT&C.
  2. In the event of a Force Majeure as referred to in paragraph (1) above so as to affect the imple-mentation of the obligations of either Party, the affected Party shall be obliged to notify in writing/ verbally the other party to the GT&C no later than 3 (three) Business Days as of the occurrence of the Force Majeure which should be resolved by deliberation or discussion leading to mutual consensus. If the affected Party fails to notify the other Party within that period of time, all losses, risks and consequences that may arise become the burden and responsibility of the affected Party.
  3. In the event that Force Majeure continues, the non-affected Party can choose whether to continue or terminate the SKU. If the non-affacted Party wishes to terminate the GT&C, such wish must be notified in writing to the affected Party within a period of time as considered good by the non-affected Party.

Article 22

Authority

  1. In the event that there is an implementation of the provisions of the GT&C that requires a special power of attorney from the Merchant, then the power of attorney shall be considered to have been given by the Merchant to the Bank based on this GT&C.
  2. The power of attorney granted or specified in the GT&C is irrevocable and shall constitute as an integral and inseparable part of the GT&C, thatcannot be revoked, cannot be 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 waive the provisions of Article 1813, 1814 and 1816 of the Civil Code applicable in the Republic of Indonesia.
  3. The Merchant hereby authorizes the Bank for and on behalf of the Merchant and therefore the Bank hereby has the authority to take the following matters:
    1. Managing the Merchant’s Account, including crediting and debiting the Merchant’s Account in the event of a mistake/error in debiting and/ or crediting in connection with the completion of the Transaction and/or the implementation of the contents of the GT&C.
    2. Blocking the Account and/or debiting the Merchant’s Account and/or debiting the collateral funds and/or the Merchant Collateral for PermataEDC leasing and/or for payment of compensation
    3. In connection with the implementation of the Mini ATM Transaction based on the GT&C, the Merchant hereby authorizes the Bank to debit the funds in the Merchant’s Account amounting to the value of the Mini ATM Transaction made and crediting the debited funds to the accounts of parties entitled/having interest in the Mini ATM Transactions, and authorizes the Bank for debiting the Merchant’s Account in connection with payment of Bank fees and/or income.
    4. Taking other actions considered good by the Bank in connection with the implementation of transactions using PermataEDC and/or actions as provided for in this GT&C.

Article 23

Dispute Settlement

Any disputes, conflicts or differences in opinion ("Disputes") arising between the Parties in connection with the implementation or based on the GT&C will be resolved or settled in the following manner:

  1. The Parties agree to settle each Disputes, to the extent possible, will be resolved or settled through deliberation or discussion leading to mutual consensus.
  2. If such Dispute cannot be settled through the apicable negotiations, thus such Dispute should be settled through the appointed mediation for the banking industry
  3. Any Disputes which cannot be resolved either through deliberation or discussion leading to mutual consensus or through mediation in the banking sector will be settled through one of the Court of First Instance in the Republic of Indonesia in accordance with the location as determined by the Bank.

Article 24

Choice of Law and Legal Domicile

  1. This GT&C interpreted and enforced based on the provisions of laws of the Republic of Indonesia.
  2. Anything related to the GT&C along with all its consequences, the Parties have agreed to choose a general and permanent place of legal domicile at the Clerk’s Office of Court of First Instance in the Municipality/Regency as determined by the Bank.

Article 25

Additional Terms and Condition

  1. The Bank provides several other special features on the PermataEDC for the Merchants that are determined and approved by the Bank, provided that the features shall be further provided for in the specific terms and conditions of each feature.
  2. The Bank has the right and authority to at any time amends the terms and conditions of this GT&C and shall be notified by the Bank to the Merchant via  media that is deemed to be valid in accordance with the applicable laws and regulations, and such amends shall constitute an integral and inseparable part of this GT&C. In case of Merchant having objection with such amendment, Merchant may terminate the cooperation as referred to in this GT&C by first fulfilling all of his/her/its obligations that are not yet fulfilled to the Bank under the GT&C.
  3. All taxes and duties arising in connection with the implementation of this cooperation shall be the responsibility and are the burden of each Party in accordance with applicable tax regulations.
  4. With regard to the matters that have not been regulated in the GT&C, all provisions of the Indonesian Civil Code and provisions of Bank Indonesia as well as the provisions of other laws and regulations relating to the agreement will apply and if there are provisions that need to be regulated or changed in this GT&C, the Parties have agreed to regulate the same in the form of an addendum to this GT&C, or other written document form agreed upon by the Parties which constitutes an integral and inseparable part of this GT&C.
  5. If a provision in the GT&C is declared as invalid and/or contradictory and/or unenforceable legally, either in part or in full, by a provision of the applicable/prevailing laws and regulations or by an authorized government agency, such contradictory or unenforceable will not affect the validity and enforceability of the other provisions in the GT&C. However, if the contradictory or unenforceable provisions result in the failure to achieve the objectives of the GT&C, the Parties have agreed, with their best efforts, to replace the provisions that become invalid, unlawful or unenforceable with new provisions that reflect the purpose and objective of this GT&C as far as possible. 
  6. In the event that the Parties can no longer implement the GT&C, the successors or assignees of their legal rights shall be bound to all the terms and conditions as stated in the GT&C.
  7. This GT&C constitutes and includes all the agreements of the Parties and supersedes all previous bids, negotiations, exceptions and agree-ments, both orally and in writing. If there is a difference between the provisions in the GT&C and other agreement documents, then the provisions in this GT&C shall apply, unless the same has not been provided for in the GT&C, the provisions in the other agreement documents shall apply.
  8. All attachments along with the changes and/or replacements that will be in existence at a later date shall constitute an integral and inseparable part of this GT&C.
  9. If the Merchant takes actions that are outside the provisions as provided for in this GT&C, then all demands and/or lawsuits and/or claims filed by other parties in connection with the actions taken by the Merchant shall be entirely the responsibi-lity of the Merchant, and the Merchant hereby indemnifies the Bank against all the consequences caused by that negligence.
  10. This GT&C was made and entered into in English and in Indonesian language. The two language versions will apply equally. In the event that there is a difference in understanding in this SKU, the Indonesian version shall prevail.
  11. If there are complaints from the Customers with regard to the Bank Permata products/services, the Customer can submit such complaints via Permata-Tel with the telephone number 1500111 or through other media as determined by the Bank which can be read on the website: www.permatabank.com, by preparing the required documents related to complaints submitted.

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

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